§ 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 officer, 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 employment, 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

this state a demand upon the executive authority or a state or territory of the United States, or of a foreign government, for the surrender of a fugitive from justice; or for any service rendered or expense incurred in procuring the surrender of such fugitive, or of conveying him to this state, or for detaining him therein, except upon an employment by the governor of this state, is guilty of a misdemeanor.

See People, ex rel. Gardenier, v. Supervisors, 56 Hun, 20, reversing 17 State Rep. 987.

§ 52. Corrupt bargain for appointments, etc.- A person who gives or offers to give any gratuity or reward, in consideration that himself or any other person shall be appointed to a public office, or to a clerkship, deputation, or other subordinate positions, in such an office, or shall be permitted to exercise, perform, or discharge any prerogatives or duties, or to receive any emoluments of such an office, is guilty of a misdemeanor.

All agreements which interfere with the integrity, discretion or freedom of the electing or appointing power are illegal. 2 Pom. Eq. Jur. 448; Meechem's Public Officers, § 300; Bish. Cont., § 500. See Laws 1863, chap. 51; 2 R. S. (Edm.) 719, § 36.

A candidate for a county office announced in a circular to the voters and tax payers that he was willing to discharge the duties of the office for a less salary than that established by law. Held, that such offer was illegal, and that votes influenced by it should be rejected. State v. Purdy, 36 Wis. 213; 17 Am. Rep. 485. See, also, Mechem's Public Officers, § 377.

An agreement made between A. and B., rival candidates for the same office, whereby A. was to withdraw and run for another office, B. promising to pay all his past and future expenses, held void. Robinson v. Kalbfleisch, 5 Thomp. & Cook, 212.

An agreement by a deputy sheriff to allow to his principal a sum in gross, not payable out of the profits of the office, and which may, therefore, exceed such profits, is a violation of the statute. Becker v. Ten Eyck, 6 Paige, 68; Tappan v. Brown, 9 Wend. 175.

Where the deputy of a public officer is by law entitled to certain fees in virtue of his office, if he agrees to give a portion of such fees to the officer appointing him, it is a purchase of the deputation. Becker v. Ten Eyck, 6 Paige, 68: Tappan v. Brown, 9 Wend. 175.

A sheriff may legally make an agreement with his deputy, or with the jailer appointed by him, for a division with him of the fees and profits of their employment. Becker v. Ten Eyck, 6 Paige, 68; Mott v. Robins, 1 Hill, 21.

Where two persons apply to the governor of the state to be appointed to the same office, and it is agreed that one of them shall withdraw his application and aid the other in procuring the appointment, in consideration of which the fees and emoluments of the office are to be divided between them, such a contract is illegal and void. Gray v. Hook, 4 N. Y. 449.

§ 53. Corrupt bargain for appointments, etc.- A person who asks or receives, or agrees to receive, any gratuity or reward, or any promise thereof, for appointing another person, or procuring for another person any appointment to a public office or to a clerkship, deputation, or other subordinate position in such an office, is guilty of a misdemeanor. If the person so offending is a public officer, a conviction also forfeits his office.

See 2 R. S. (Edm.) 719, § 36; see, also, cases cited under § 52, ante.

§ 54. Selling right to official powers.-A public officer who, for any reward, consideration or gratuity, paid, or agreed to be paid, directly or indirectly, grants to another the right or authority to discharge any functions of his office, or permits another to make appointments or perform any of its duties, is guilty of a misdemeanor, and a conviction for the same forfeits his office and disqualifies him forever from holding any office whatever under this state.

See 2 R. S. (Edm.) 918, § 35; see, also, cases cited under § 52, ante.

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§ 55. Such appointment avoided by conviction. — A grant, appointment, or deputation, made contrary to the provisions of either of the last two sections is avoided and annulled by a conviction for the violation of either of those sections, in respect to such grant, appointment, or deputation; but any official act done before conviction, is unaffected by the conviction.

§ 56. Intrusion into public office. - A person who willfully intrudes himself into a public office, to which he has not been duly elected or appointed, or who, having been an executive or administrative officer, willfully exercises any of the functions of his office, after his right so to do has ceased, is guilty of a mis demeanor.

See Code Civ. Proc., § 1498; Matter of Gray, 2 N. Y. Cr. Rep. 307; 1 R. S. (Birdseye's ed.) 21, §§ 50–58; Meechem's Public Officers, § 321; Hamlin v. Karsafer, 15 Oregon, 456; 3 Am. St. Rep. 176.

57. Offender refusing to surrender to successor. A person who, having been an executive or administrative officer, wrongfully refuses to surrender the official seal, or any books or papers, appertaining to his office, upon the demand of his lawful successor, is guilty of a misdemeanor.

A judge has no right to enforce the delivery of books and papers unless the applicant's title to the office is clear and free from reasonable doubt. People v. Stevens, 5 Hill, 616; Declin's Case, 5 Abb. Pr. 281; Matter of Whiting, 1 Edm. Sel. Cas. 498.

A person holding office after the legal appointment of his successor, and refusing to deliver up books and papers, held a proper case for the issuing of a warrant under the statute. Matter of Whiting, 2 Barb. 513; Welch v. Cook, 7 How. 282; Matter of Baker, 11 How. 418; Matter of Davis, 19 id. 323; In re Bartlett, 9 id. 414.

What constitutes possession of a public office. Conover's Case, 5 Abb. Pr. 73; Cobee v. Davis, 8 How. 367; People v. Dikeman, 7 id. 367.

§ 58. Administrative officers. - The various provisions of this chapter which relate to executive officers apply to adminis trative officers, in the same manner as if administrative and executive officers were both mentioned.

As to who are the executive and administrative officers of the state, see 1 R. S. (8th ed.) 367.

TITLE VII.

OF CRIMES AGAINST THE LEGISLATIVE POWER.

SECTION 59. Preventing the meeting or organization of either branch of the

legislature.

60. Disturbing the legislature while in session.

61. Compelling adjournment.

62. Intimidating a member of the legislature.

63. Compelling either house to perform or omit any official act.

64. Altering draft of bill.

65. Altering engrossed copy.

66. Bribery of members of legislature.

67. Receiving bribes by members of legislature.

68. Witnesses refusing to attend before the legislature or legislative committees.

69. Refusing to testify.

70. Members of the legislature liable to forfeiture of office.

§ 59. Preventing the meeting or organization of either branch of the legislature. A person who willfully and by force or fraud prevents the legislature of this state, or either of the houses composing it, or any of the members thereof, from meeting or organizing, is punishable by imprisonment in a state prison not less than five years nor more than ten years, or by a fine of not less than five hundred dollars nor more than two thousand dollars, or by both.

§ 60. Disturbing the legislature while in session.-A person who willfully disturbs the legislature of this state, or either of the houses composing it, while in session, or who com mits any disorderly conduct in the immediate view and presence of either house of the legislature, tending to interrupt its proceedings or impair the respect due to its authority, is guilty of a misdemeanor.

§ 61. Compelling adjournment. A person who willfully and by force or fraud compels or attempts to compel the legislature of this state, or either of the houses composing it, to adjourn or disperse, is punishable by imprisonment in a state prison not less than five nor more than ten years, or by fine of not less than five hundred dollars, nor more than two thousand dollars. or by both.

§ 62. Intimidating a member of the legislature. — A person who willfully, by intimidation or otherwise, prevents any member of the legislature of this state, from attending any session of the house of which he is a member, or of any committee thereof, or from giving his vote upon any question which may come before such house, or from performing any other official act, is guilty of a misdemeanor.

See § 46, 127.

§ 63. Compelling either house to perform or omit any official act. A person who willfully compels or attempts to compel either of the houses composing the legislature of this state to pass, amend or reject any bill, or resolution, or to grant or refuse any petition, or to perform or omit to perform any other official act, is punishable by imprisonment in a state prison not less than five nor more than ten years, or by a fine of not less than five hundred dollars nor more than two thousand dollars, or by both.

864. Altering draft of bill.-A person who fraudulently alters the draft of any bill or resolution which has been presented to either of the houses composing the legislature, to be passed or adopted, with intent to procure it to be passed or adopted by either house, or certified by the presiding officer of either house, in language different from that intended by such house, is guilty of felony.