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of this section shall be deemed guilty of a misdemeanor, and any corporation violating this section shall forfeit its charter.
§ 41d. Candidate's statement of expenses.- Every candidate who is voted for at any public election held within this state sball, within ten days after such election, file as hereinafter provided an itemized statement, showing in detail all the moneys contributed or expended by him, directly or indirectly, by himself or through any other person, in aid of his election. Such statement shall give the names of the various persons ceived such moneys, the specific nature of each item, and the purpose for which it was expended or contributed. There shall be attached to such statement an affidavit subscribed and sworn to by such candidate, setting forth in substance that the statement thus made is in all respects true, and that the same is a full and detailed statement of all moneys so contributed or expended by him directly or indirectly, by himself or through any other person in aid of his election. Candidates for offices to be filled by the electors of the entire state, or any division or district thereof greater than a county, shall file their statements in the office of the secretary of state. The candidates for town, village and city offices, excepting the city of New York, shall file their statements in the office of the town, village or city clerk respectively, and in cities wherein there is no city clerk, with the clerk of the common council wherein the election occurs. Candidates for all other offices, including all offices in the city and county of New York, shall file their statements in the office of the clerk of the county wherein the election occurs.
$ 41e. Punishment.-A person offending against any provision of sections forty-one and forty-one-a of this act is a compe tent witness against another person so offending, and may be compelled to attend and testify upon any trial, hearing, proceed. ing or investigation in the same manner as any other person. But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. A person so testifying shall not thereafter be liable to indictment, prosecution or punishment for the offense with reference to which his testimony was given, and may plead or prove the giving of testimony accordingly, in bar of such an indictment or prosecution.
$ 41f. Punishment.— Whosoever shall violate any provision of this title, upon conviction thereof, shall be punished by imprisonment in a county jail for not less than three months nor more than one year. The offenses described in sections forty-one and forty-one-a of this act are hereby declared to be infamous crimes. When a person is convicted of any offense mentioned in section forty-one of this act he shall, in addition to the punishment above prescribed, forfeit any office to which he may have been elected at the election with reference to which such offense was committed ; and when a person is convicted of any offense mentioned in section forty-one-a of this act he shall, in addition to the punishment above prescribed, be excluded from the right of suffrage for a period of five years after such conviction and it shall be the duty of the county clerk of the county in which any such conviction shall be had, to transmit a certified copy of the record of conviction to the clerk of each county of the state, within ten days thereafter, which said certified copy shall be duly filed by the said county clerks in their respective offices. Any candidate for office who refuses or neglects to file a statement as prescribed in section forty-one of this act shall be deemed guilty of a misdeineanor, punishable as above provided and shall also forfeit his office.
41g. Other crimes.- Other crimes against the elective franchise are defined, and the punishment thereof prescribed by special statutes.
See 2 Crim. Law Mag. 449; People v. Boas, 1 N. Y. Cr. Rep. 132; People v. Smith, 6 id. 470.
“The Right of the Federal Courts to Punish Offenders against the BallotBɔx,” 29 Am. L. Reg. (N. S.) 337.
OF ORIMES BY AND AGAINST THE EXECUTIVE POWER OF
SECTION 42. Acting in a public office without having qualified.
43. Acts of officer de facto, not affected.
§ 42. Acting in a public office without having qualified. A person who executes any of the functions of a public office without having taken and duly filed the required oath of office, or without having executed and duly filed the required security, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor, he forfeits his right to the office.
See Weeks v. Ellis, 2 Barb. 321; People v. Collins, 7 Johns, 549; McKinstry v. Tanner, 9 id. 135; People v. Stevens, 5 Hill, 617; Foot v. Stiles, 57 N. Y. 399.
§ 43. Acts of officer de facto not affected. — The last section must not be construed to affect the validity of acts done by a person exercising the functions of a public office in fact, where other persons than himself are interested in maintaining the validity of such acts.
See People, ex rel. Sinkler, v. Terry, 108 N. Y. 1.
Acts of de facto officer valid as regards the public. Foot v. Stiles, 57 N. Y. 399; People v. Cook, 14 Barb. 324; Weeks v. Ellis, 2 id. 324; People v. Collins, 7 Jolins. 549; McKinstry v. Tanner, 9 id. 135; People v. Stevens, 5 Hill, 616.
An officer de facto is one who exercises the duties of an officer under color of right, as distinguished from a mere usurper. Rochester & Gen. Val. R. R. v. Clark Nat. Bank, 60 Barb. 234; People v. Albertson, 8 How. 363; People v. Peabody, 6 Abb. 228; Conocer v. Devlin, 15 How. 470.
One who receives an appointment to office from a proper authority is an officer de facto, though his appointment is informal. Hamlin v. Dingman, 5 Laus. 61.
A constable is justified in executing a process regular on its face, although the officer issuing such process be but an officer de facto. Wilcox v. Smith, 5 Wend. 231; Read v. Buffalo, 3 Keyes, 445.
A person elected to an office, but who neglects to give security and take the oath of office, is, nevertheless, a de facto official. Greenleaf v. Low, 4 Den. 168.
$ 44. Giving or offering bribes. — A person who gives or offers a bribe to any executive officer of this state with intent to influence him in respect to any act, decision, vote, opinion or other proceeding as such officer, is punishable by imprisonment in a state prison not exceeding ten years, or by fine not exceed. ing five thousand dollars, or by both.
See 2 Edm. Stat. 703, S 9; 2 Laws 1867, p. 1793; 2 Bish. Cr. L. (7th ed.), $ 25; People v. Short, 107 N. Y. 439; State v. Ellis, 33 N. J. L. 102.
$ 45. Asking or receiving bribes. — An executive officer, or person elected or appointed to an executive office, who asks, receives or agrees to receive any bribe, upon an agreement or understanding that his vote, opinion or action upon any matter then pending or which may by law be brought before him in his official capacity, shall be influenced thereby, is purishable by imprisonment in a state prison not exceeding ten years, or by a fine not exceeding five thousand dollars, or by both; and in addition thereto forfeits his office and is forever disqualified from holding any public office under this state.
See 2 Am. and Eng. Encyc. of Law, 530; 1 Bish. Cr. L. (6th ed.), § 464; Walsh v. People, 65 Ill. 58; 16 Am. Rep. 569; People v. Markham, 64 Cal. 147; 49 Am. Rep. 700.
§ 46. Attempting to prevent officers from performing duty.- A person who attempts, by means of any threat or vio. lence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, is guilty of a misdemeanor.
See SS 61, 62, 63 and 127, post; People v. Palmer, 5 N. Y. Cr. Rep. 110.
The owner of personal property is liable to indictment for using force to prevent an officer from levying upon such property, by virtue of an execution against another person, where the officer acts in good faith, believing the property to be that of the execution debtor. People v. Hall, 2 N. Y. Cr. Rep. 134.
§ 47. Resisting officers. – A person who knowingly resists, by the use of force or violence, any executive officer, in the performance of his duty, is guilty of a misdemeanor. See 124, post.
§ 48. Taking unlawful fees.- A public officer or a deputy, clerk, assistant or other subordinate of a public officer, or any person appointed or employed by or in the office of a public offi. cer, who shall, in any manner, act for or in behalf of any such officer, who asks or receives, or consents or agrees to receive, any emolument, gratuity or reward, or any promise of emolument, gratuity or reward, or any money, property or thing of value or of personal advantage, except such as may be authorized by law for doing or omitting to do any official act, or for performing or omitting to perform, or for having performed or omitted to perform any act whatsoever directly or indirectly related to any matter in respect to which any duty or discretion is by or in pursuance of law imposed upon or vested in him, or may be exercised by him by virtue of his office, or appointment or employmnent, or his actual relation to the matter, shall be guilty of a felony, punishable by imprisonment for not more than ten years or by a fine of not more than four thousand dollars, or both.
See post, $ 557; Code Civ. Proc., § 1122.
$ 49. Taking reward for omitting or delaying official acts, - An executive officer who asks or receives any emolument, gratuity or reward, or any promise of any emolument, gratuity or reward, for omitting or deferring the performance of any official duty, is guilty of a misdemeanor.
$ 50. Taking fees for services not rendered.- An executive officer who asks or receives any fee or compensation for any official service which has not been actually rendered, except in cases of charges for prospective costs, or of fees demandable in advance in the cases allowed by law, is guilty of a misdemeanor.
$ 51. Taking unlawful reward for services in extradition of fugitives. — An officer of this state who asks or receives any fee or compensation of any kind for any service rendered or expense incurred in procuring from the governor of