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§ 65. Altering engrossed copy. A person who fraudulently alters the engrossed copy or enrollment of any bill which has been passed by the legislature of this state, with intent to procure it to be approved by the governor or certified by the secretary of state, or printed or published by the printer of the statutes in language different from that in which it was passed by the legislature, is guilty of felony.

§ 66. Bribery of members of the legislature.- A person who gives or offers, or causes to be given or offered, a bribe, or any money, property, or value of any kind, or any promise or agreement therefor, to a member of the legislature, or attempts, directly or indirectly, by menace, deceit, suppression of truth, or other corrupt means, to influence a member to give or withhold his vote, or to absent himself from the house of which he is a member, or from any committee thereof, is punishable by impris onment for not more than ten years, or by a fine of not more than five thousand dollars, or both.

See 2 R. S. (Edm.) 703, § 9; Laws 1853, chap. 539; 2 Whart. Crim. Law, § 1857, 1858; N. Y. State Const., art. XV, §§ 1, 2, 3; Sulston v. Norton, 3 Burr, 1235; State v. Ellis, 4 Vroom, 102; People v. Sharp, 107 N. Y. 427; 1 Am. St. Rep. 851.

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§ 67. Receiving bribes by members of legislature. A member of either of the houses composing the legislature of this state, who asks, receives, or agrees to receive, any bribe upon any understanding that his official vote, opinion, judgment or action shall be influenced thereby, or shall be given in any particular manner or upon any particular side of any question or matter upon which he may be required to act in his official capacity, or who gives or offers or promises to give any official vote in consideration that another member of the legislature shall give any such vote, either upon the same or another question, is punishable by imprisonment in state prison not exceeding ten years, or by fine not exceeding five thousand dollars, or both.

See 2 R. S. (Edm.) 703, § 10; Laws 1853, chap. 539; N. Y. Const., §§ 1, 2, 3; 2 Whart. Crim. Law, §§ 1857, 1858; Sulston v. Norton, 3 Burr, 1235; Marshall v. Balt. & O. R. R. Co., 16 How. (U. S.) 314; Fuller v. Dame, 18 Pick. 470; Hatsfield v. Guldsen, 7 Watts, 152; Wood v. McCarr, 6 Dana, 366; Walsh v. People, 68 Ill. 58; Com. v. Callahan, 2 Va. Cas. 460; Hunt v. Test, 8 Ala. 719.

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§ 68. Witnesses refusing to attend before the legislature or legislative committees. A person who, being duly summoned to attend as a witness before either house of the legis lature or any committee thereof, authorized to summon witnesses, refuses or neglects without lawful excuse to attend pursuant to such summons, is guilty of a misdemeanor.

See 2 R. S. (Edm.) 704, § 14a; N. Y. Const., art. XV, § 3; Laws 1853, chap. 537; People v. McDonald, 99 N. Y. 463; People v. Sharp, 107 N. Y. 446; Matter of Dalton, 7 Crim. Law Mag. 601, 607, n.; Cooley Const. Lim. (5th ed.) 160–162.

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$69. Refusing to testify. A person who being present before either house of the legislature or any committee thereof authorized to summon witnesses, willfully refuses to be sworn or affirmed, or to answer any material or proper question, or to pro duce upon reasonable notice any material and proper books, papers or documents in his possession or under his control, is guilty of a misdemeanor.

See 2 R. S. (Edm.) 704, § 15a; Laws 1853, chap. 539; People v. Sharp, 107 N. Y. 446; People v. McDonald, 99 N. Y. 463; 3 N. Y. Cr. Rep. 353; 32 Hun, 589; People v. Learned, 5 Hun, 626; People v. Webb, 5 N. Y. Supp. 855.

870. Members of the legislature liable to forfeiture of office. The conviction of a member of the legislature of either of the crimes defined in this chapter, involves as a consequence, in addition to the punishment prescribed by this Code, a forfeiture of his office; and disqualifies him from ever afterwards holding any office under this state.

See 3 R. S. (6th ed.) 957, § 10; 2 R. S. (3 Edm.) 703, § 10

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IV. Forging, stealing, mutilating and falsifying judicial and public records and documents.

V. Perjury and subornation of perjury

VI. Falsifying evidence.

VII. Other offenses against public justice.
VIII. Conspiracy.

CHAPTER I.

BRIBERY AND CORRUPTION.

SECTION 71. Bribery of a judicial officer.
72. Officer accepting bribe.

73. Juror, etc., promising verdict.
74. Juror, etc., accepting bribes.

75. Embracery.

76. Misconduct of officers at drawing of jurors.

77. Misconduct of officers having charge of juries.

78. Certain punishments.

79. Offender a competent witness, etc.

80. Bribery of witnesses.

81. Definition of “jurors.”

871. Bribery of a judicial officer. - A person who gives or offers, or causes to be given or offered, a bribe, or any money, property, or value of any kind, or any promise or agreement therefor, to a judicial officer, juror, referee, arbitrator, appraiser, or assessor, or other person authorized by law to hear or determ ine any question, matter, cause, proceeding, or controversy, with intent to influence his action, vote, opinion, or decision thereupon, is punishable by imprisonment for not more than ten years, or by a fine of not more than five thousand dollars, or both,

See 2 R. S. (Edm.) 703, § 9; 4 Bl. Com. 139; 2 Whart. Crim. Law, § 1857; State v. Carpenter, 20 Vt. 9; 1 Hawk. P. C., bk. 1, chap. 67, § 6; State v. Ellis, 4 Vroom (N. J.), 102; People v. Sharp, 107 N. Y. 437; Klugman's Case, 49 How Pr. 484; People v. Jaehne, 103 N. Y. 190.

The crime is complete without tender and production of money. People v. Ah Fook, 62 Cal. 493.

72. Officer accepting bribe.-A judicial officer, a person who executes any of the functions of a public office not desig nated in titles six and seven of this Code, or a person employed by or acting for the state, or for any public officer in the business of the state, who asks, receives, or agrees to receive a bribe, or any money, property or value of any kind, or any promise or agreement therefor, upon any agreement or understanding that his vote, opinion, judgment, action, decision, or other official proceeding, shall be influenced thereby, or that he will do or omit any act or proceeding, or in any way neglect or violate any official duty, is punishable by imprisonment for not more than ten years,

or by fine of not more than five thousand dollars, or both. A conviction also forfeits any office held by the offender, and forever disqualifies him from holding any public office under the state. See 2 Edm. Stat. 703, § 10; People v. Sharp, 107 N. Y. 439; People v. O'Neil, 109 id. 251.

The crime of bribery, committed by a member of the common council of New York city after Penal Code took effect, is punishable under this section. People v. Jaehne, 103 N. Y. 182; 4 N. Y. Cr. Rep. 478; 128 U. S. 189; 6 N. Y. Cr. Rep. 239.

A police officer, taking money in consideration of his promise not to arrest a certain class of offenders, is guilty of receiving a bribe under a statute denouncing the receiving of a bribe by any executive officer in a matter which "may be brought before him in his official capacity." People v. Markham, 64 Cal. 157; 49 Am. Rep. 700.

An indictment which charges that the officer received a promissory note as a bribe, does not charge the receiving of a thing of value, is bad and will be quashed on motion. State v. Walls, 54 Ind. 561.

§ 73. Juror, etc., promising verdict.-A juror, or a person drawn or summoned to attend as a juror, or a person chosen arbitrator, or appointed referee, who either,

1. Makes any promise or agreement to give a verdict, judg ment, report, award or decision, for or against any party; or

2. Willfully receives any communication, book, paper, instrument or information relating to a cause or matter pending before him, except according to the regular course of proceeding upon the trial or hearing of that cause or matter;

Is guilty of a misdemeanor.

See Code Civ. Proc., § 1122; 2 R. S. (Edm.) 703, § 12; id. 694, § 16; People, ex rel. Munsell, v. Oyer and Terminer, 36 Hun, 277; 3 N. Y. Cr. Rep. 209; 101 N. Y. 245.

8 74. Juror, etc., accepting bribes. A juror, referee, arbitrator, appraiser or assessor, or other person authorized by law to hear or determine any question, matter, cause, controversy, or proceeding, who asks, receives, or agrees to receive, any money, property or value of any kind, or any promise or agreement therefor, upon any agreement or understanding that his vote, opinion, action, judgment or decision shall be influenced thereby, is punishable by imprisonment for not more than ten years, or by fine of not more than five thousand dollars, or both.

See Code Civ. Proc., § 1193; People v. Sharp, 107 N. Y. 439; 12 State Rep'r

§ 75. Embracery.- A person who influences or attempts to influence improperly a juror in a civil or criminal action or proceeding, or one drawn or summoned to attend as such a juror, or one chosen an arbitrator, or appointed a referee in respect to his verdict, judgment, report, award or decision, in any cause or matter pending or about to be brought before him, in any case, or in any manner not included in the last two sections, is guilty of a misdemeanor.

See Code Civ. Proc., § 1122; People v. Selleck, 4 N. Y. Cr. Rep. 329. Embracery defined. Gibbs v. Dewey, 5 Cow. 503; State v. Sales, 2 Nev. 269. Conversing with juror during address of counsel. Turner v. Beardsley, 19

Wend. 348; State v. Sales, 2 Nev. 269.

76. Misconduct of officers at drawing of jurors. —A person authorized by law to assist at the drawing or impanneling of grand or trial jurors to attend a court, or a term of a court, or to try any cause or issue, who either

1. Designedly puts, or consents to the putting, upon a list of jurors as having been drawn, any name which was not lawfully drawn for that purpose; or

2. Designedly omits to place on such a list any name which was lawfully drawn; or

3. Designedly signs or certifies a list of such jurors as having been drawn which was not lawfully drawn; or

4. Designedly withdraws from the box, or other receptacle for the ballots containing the names of such jurors, any paper or ballot lawfully placed or belonging there and containing the name of a juror, or omits to place in such box or receptacle any name lawfully drawn or designated, or places in such box or receptacle a paper or ballot containing the name of a person not lawfully drawn and designated as a juror; or

5. In the drawing of such jurors, does any act which is unfair, partial or improper in any other respect;

Is guilty of a misdemeanor.

But this section shall not apply to the city and county of New York or the county of Kings.

See Code Civ. Proc., § 1122.

77. Misconduct of officer having charge of juries.— An officer to whose charge any juror is committed by a court or

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