officer or employe, or promises or threatens to use, any such authority or influence, directly or indirectly to affect the vote or political action of any such public officer or employe, or on account of the vote or political action of such officer or employe; or 3. Makes, tenders or offers to procure, or cause any nomination or appointment for any public office or place, or accepts or requests any such nomination or appointment, upon the payment or contribution of any valuable consideration, or upon an understanding or promise thereof, or 4. Makes any gift, promise or contribution to any person, upon the condition or consideration of receiving an appointment or election to a public office or a position of public employment, or for receiving or retaining any such office or position, or promotion, privilege, increase of salary or compensation therein, or exemption from removal or discharge therefrom, is punishable by imprisonment for not more than two years or by a fine of not more than three thousand dollars or both. See Laws 1901, chap. 371, § 10. 41w. Failure to file candidate's statement of expenses.Every candidate who is voted for at any public election held within this state shall, 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 person who received 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 Secretary of state. The candidates for town, village and city offices, excepting in 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 of the city wherein the election occurs. Candidates for all other offices, including all officers 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. Any candidate for office who refuses or neglects to file a statement as prescribed in this section shall be guilty of a misdemeanor, and shall also forfeit his office. See Laws 1901, chap. 371, § 10. 841x. Procuring fraudulent certificates in order to vote.Any person who knowingly and willfully procures from any court judge, clerk or other officer, a certificate of naturalization, which has been allowed, issued, signed or sealed in violation of the laws of the United States or of this state, with intent to enable himself or any other person to vote at any election when he or such person is not entitled by the laws of the United States to become a citizen or to exercise the elective franchise, is guilty of a felony. Added, Laws 1893, ch. 692; took effect Oct 1, 1893. $41y. Presenting fraudulent certificates to registry boards to procure registration. A person who knowingly and willfully presents to any board of officers, for the purpose of having himself or any other person placed upon any list or registry of voters, or to any board of officers for the purpose of enabling himself or any other person to vote at any election, any certificate of naturalization which has been allowed or issued by or procured from any judicial officer, clerk of a court, or other ministerial officer of a court, by any false statement, oath or representation, or in violation of the laws of the United States or of this state, with intent to enable any person to vote at any election, when such person is not entitled by the laws of the United States to become a citizen, or of this state, to exercise the elective franchise is guilty of a felony. Added, Laws 1893, chap. 692; took effect Oct. 1, 1893. 41z. Soliciting from candidates. Any person who solicits from a candidate for an elective office money or other property, or who seeks to induce such candidate who has been placed in nomination to purchase any ticket, card or other evidence of admission to any ball, picnic, fair or entertainment of any kind, is guilty of a misdemeanor; but this section shall not apply to a request for a contribution of money by an authorized representative of the political party, organization or association to which such candidate belongs. Added, Laws 1895, chap. 155; in effect Sept 1, 1895. S41zz. Punishment; first offense. Any person convicted of a misdemeanor under this title shall for a first offense be punished by imprisonment for not less than six months nor more than one year, and by a fine of not less than one hundred dollars nor more than five hundred dollars. Any person convicted of a misdemeanor under this title for a second or subsequent offense shall be deemed guilty of a felony. Added by L. 1901, chap. 371, to take effect April 17, 1901. TITLE VI. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE. SECTION 42. Acting in a public office without having qualified. 43. Acts of officer de facto, not affected. 44. Giving or offering bribes. 45. Asking or receiving bribes. 46. Attempting to prevent officers from performing duty 48. Taking unlawful fees. 48a Comptroller not to be interested in tax sales. 48b. Prison officers not to be interested in prison contracts. 48c. Appraisers taking fee or reward. 49. Taking reward for omitting or delaying official acts. 50. Taking fees for services not rendered. 51. Taking unlawful reward for services in extradition of fugitives. 52. Corrupt bargain for appointments, etc. 53. Corrupt bargain for appointments, etc. 54. Selling right to official powers. 55. Such appointment avoided by conviction. 57. Offender refusing to surrender to successor. §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 required security, is guilty of a misdemeanor, as prescribed by law. In effect, as amended, Oct. 1, 1893; Laws 1893, ch. 692. See Weeks v. Ellis, 2 Barb. 321; People v. Collins, 7 Johns. 549; McKinstry v. Tanner, 9 id. 135; People v. Sterens, 5 Hill, 617; Foot v. Stiles, 57 N. Y. 399. The last 43. Acts of officer de facto not affected. 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 Johns. 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; Conover 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 Lans. 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 exceeding five thousand dollars, or by both. See 2 Edm. Stat. 703, § 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 hin official capacity, shall be influenced thereby, is punishable 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 misde meanor. See § 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. 847. 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. § 48a. Comptroller not to be interested in tax sales.The comptroller, or any person employed in his office, who shall be directly or indirectly interested in any tax sale made by such comptroller, or in the title acquired by such sale, or in any money paid or to be paid for the redemption of any lands sold for taxes or on the cancellation of any tax sale; or any person who shall pay or give to the state comptroller, or to any employe in his office, any compensation, reward or promise thereof for any service or services performed or to be performed in regard to such sale, redemption, cancellation or such tax title, is guilty of a misdemeanor. A sale in violation of this section is void. Added Laws 1893, ch. 692; takes effect October 1, 1893. 48h. Prison officers not to be interested in prison contracts. A superintendent of state prisons, or agent, warden |