mentioned in section sixty-two a (62a) of this code, without adding thereto his name, showing the printing office at which the same was printed, is guilty of a misdemeanor. Enactment approved March 15, 1901, Stats. and Amdts. 1900-1, p. 298. § 63. UNITED STATES SENATOR, CANDIDATE FOR, MUST NOT GIVE OR PROMISE PECUNIARY AID TO LEGISLATIVE CANDIDATES. [Repealed.] Enactment approved March 9, 1899, Stats and Amdts. 1899, p. 83; repeal approved April 24, 1917, Stats. and Amdts. 1917, p. 170. § 632. MEMBERS OF LEGISLATURE SHALL NOT ACCEPT ANY VALUABLE CONSIDERATION. [Repealed.] Enacted March 9, 1899, Stats. and Amdts. 1899, p. 84; repeal approved April 24, 1917, Stats. and Amdts. 1917, p. 170. § 63b. SALE OF INTOXICANTS ON ELECTION DAYS. Every person keeping a public house, saloon, or drinking place, whether licensed or unlicensed, who sells, gives away, or furnishes spirituous or malt liquors, wine, or any other intoxicant, on any part of any day set apart for any general or special election, in any election district or precinct in any county of the state where an election is in progress, during the hours when by law the polls are required to be kept open, is guilty of a misdemeanor. Enactment approved March 21, 1905, Stats. and Amdts. 1905, p. 645. § 64. NO PROSECUTION AGAINST WITNESSES TESTIFYING IN ELECTION CASES. No person, otherwise competent as a witness, shall be disqualified or excused from testifying concerning any of the offenses enumerated and prescribed in this title, on the ground that such testimony may criminate himself; but no prosecution can afterwards be had against such witness for any such offense concerning which he testified for the prosecution. Enactment approved March 20, 1891, Stats. and Amdts. 1891, p. 185. § 64%. PUNISHMENT OF OFFENSES AGAINST PRIMARY ELECTION LAWS. All the provisions of sections forty to sixty-four of this code, both inclusive, shall apply with like force and effect to elections, known and designated as primary elections, held and conducted under official supervision pursuant to law and to registration therefor, as to other elections, whether the word "primary" be used in connection with the word "election" or "elections" used in said sections or not. Enactment became a law under constitutional provision, without governor's approval, March 4, 1899, Stats. and Amdts. 1899, p. 59. The identical section was re-enacted by the same legislature, March 20, 1899, Stats. and Amdts. 1899, p. 153. § 64b. MISREPRESENTATION IN SECURING SIGNERS TO PETITIONS PROHIBITED. 1. It shall be unlawful for any person circulating, as principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any petition authorized or provided for by the constitution or laws of the State of California, regulating the initiative, referendum or recall to misrepresent or make false statement concerning the contents, purport or effect of any such petition to any person who signs, or who desires to sign, or who is requested to sign, or who makes inquiries with reference to any such petition, or to whom any such petition is presented for his or her signature. 2. [Circulation of false statements unlawful.] It shall be unlawful for any person to wilfully or knowingly circulate, publish or exhibit any false statement or mis representation concerning the contents, purport or effect of any petition mentioned in this section for the purpose of obtaining any signature to any such petition or for the purpose of persuading any person to sign any such petition. 3. [Petitions containing false signatures not to be filed.] It shall be unlawful for any person to file in the office of the clerk or other officer provided by law to receive such filing, any petition mentioned in this section to which is attached, appended or subscribed any signature which the person so filing such petition knows to be false or fraudulent or not the genuine signature of the person purporting to sign such petition or whose name is attached, appended or subscribed thereto. 4. It shall be unlawful for any person to circulate, or cause to be circulated, any petition mentioned in this section, knowing the same to contain false, forged or fictitious names. 5. It shall be unlawful for any person to make any false affidavit concerning any petition mentioned in this section or the signatures appended thereto. 6. It shall be unlawful for any public official or employee knowingly to make any false return, certification or affidavit, concerning any petition mentioned in this section, or the signatures appended thereto. 7. [Unlawful to sign more than once.] It shall be unlawful for any person to knowingly sign his own name more than once to any petition mentioned in this act, or to sign his name to any such petition knowing himself at the time of such signing not to be qualified to sign the same. 8. [Penalty.] Any person, either as principal or agent, violating any of the provisions of this section is punishable by imprisonment in the state prison, or in a county jail, not exceeding two years, or by fine not exceeding five thousand dollars, or by both. Enactment approved April 12, 1915, Stats. and Amdts. 1915, p. 55. In effect August 8, 1915. TITLE V. Giving or offering bribes to executive OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE $ 65. Acting in a public capacity without hav- § 72. Fraudulently presenting bills or claims ing qualified. 8 66. Acts of officers de facto not affected. $ 67. to public officers for allowance or payment. § 73. Buying appointments to office. officers from dealing in scrip, etc., and § 77. Preceding sections to apply to adminisfrom being interested in contracts. trative and ministerial officers. § 65. ACTING IN A PUBLIC CAPACITY WITHOUT HAVING QUALIFIED. Every person who exercises any function of a public office without taking the oath of office, or without giving the required bond, is guilty of a misdemeanor. Enacted February 14, 1872; amended March 30, 1874, Code Amdts. 1873-4, p. 423. As to form of oath of office of all officers, legislative, executive and judicial, see Cal. Const. 1879, Art. XX, § 3; also Kerr's Small Pol. Code, §§ 904-910. § 66. ACTS OF OFFICERS DE FACTO NOT AFFECTED. The last section shall 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. Enacted February 14, 1872. § 67. GIVING OR OFFERING BRIBES TO EXECUTIVE OFFICERS. Every person who gives or offers any 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 the state prison not less than one nor more than fourteen years, and is disqualified from holding any office in this state. Enacted February 14, 1872, founded on §§ 1, 2, 3 Act April 27, 1863, Stats. 1863, pp. 645, 646. As to giving or offering bribe to judges, jurors, referees, etc., see post, § 92. § 68. ASKING OR RECEIVING BRIBES. Every executive officer, or person elected or appointed to an executive office, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his vote, opinion, or action upon any matter then pending, or which may be brought before him in his official capacity, shall be influenced thereby, is punishable by imprisonment in the state prison not less than one nor more than fourteen years; and, in addition thereto, forfeits his office, and is forever disqualified from holding any office in this state. Enacted February 14, 1872, founded on §§ 1, 2, 3, Act April 27, 1863, Stats. 1863, pp. 645, 646. § 69. RESISTING OFFICERS. Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, or who knowingly resists, by the use of force or violence, such officer, in the performance of his duty, is punishable by fine not exceeding five thousand dollars, and imprisonment in the county jail not exceeding five years. Enacted February 14, 1872, founded on § 1 Act March 28, 1860, Stats. 1860, pp. 125, 126. As to resisting public officers in the discharge of their duties, see post, § 148. § 70. EXTORTION. Every executive or ministerial officer who knowingly asks or receives any emolument, gratuity, or reward, or any promise thereof, excepting such as may be authorized by law, for doing any official act, is guilty of a misdemeanor. Enacted February 14, 1872, founded on § 107 Criminal Practice Act, Stats. 1850, p. 242; amendment approved March 30, 1874, Code Amdts. 1873-4, p. 423. As to definition of extortion, see post, § 518. As to extortion by judicial officer or stenographer, see post § 94. As to punishment for extortion committed under color of official right, see post, § 521. § 71. VIOLATION OF LAWS PROHIBITING CERTAIN OFFICERS FROM DEALING IN SCRIP, ETC., AND FROM BEING INTERESTED IN CONTRACTS. Every officer or person prohibited by the laws of this state from making or being interested in contracts, or from becoming a vendor or purchaser at sales, or from purchasing scrip, or other evidences of indebtedness, who violates any of the provisions of such laws, is punishable by a fine of not more than one thousand dollars, or by imprisonment in the state prison not more than five years, and is forever disqualified from holding any office in this state. Enacted February 14, 1872. § 72. FRAUDULENTLY PRESENTING BILLS OR CLAIMS TO PUBLIC OFFICERS FOR ALLOWANCE OR PAYMENT. Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city, ward, or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of felony. Enacted February 14, 1872. § 73. BUYING APPOINTMENTS TO OFFICE. Every person who gives or offers any gratuity or reward, in consideration that he or any other person shall be appointed to any public office, or shall be permitted to exercise or discharge the duties thereof, is guilty of a misdemeanor. Enacted February 14, 1872, founded on § 85 Criminal Practice Act, Stats. 1850, p. 239. As to offering bribe to procure election disqualifying from holding any office of profit in this state, see Cal. Const. 1879, Art. XX, § 10. § 74. TAKING REWARDS FOR DEPUTATION. Every public officer who, for any gratuity or reward, appoints another person to a public office, or permits another person to exercise or discharge any of the duties of his office, is punishable by a fine not exceeding five thousand dollars, and, in addition thereto, forfeits his office, and is forever disqualified from holding any office in this state. Enacted February 14, 1872, founded on § 85 Criminal Practice Act, Stats. 1850, p. 239. § 74a. RETAINING PART OF SALARY. Every officer of this state, or of any county, city and county, city, or township therein, who accepts [,] keeps, retains, or diverts for his own use or the use of any other person any part of the salary or fees allowed by law to his deputy, clerk, or other subordinate officer, is guilty of a felony. Enactment approved March 21, 1905, Stats. and Amdts. 1905, p. 646. As to receiving or retaining portion of wages of employees or laborers upon public works being a felony, see post, § 653d. § 75. EXERCISING FUNCTIONS OF OFFICE WRONGFULLY. Every person who wilfully and knowingly intrudes himself into any public office to which he has not been elected or appointed, and every person who, having been an executive officer, wilfully exercises any of the functions of his office after his term has expired, and a successor has been elected or appointed and has qualified, is guilty of a misdemeanor. Enacted February 14, 1872, founded on § 105 Criminal Practice Act, Stats. 1850, p. 242. § 76. REFUSAL TO SURRENDER BOOKS, ETC., TO SUCCESSOR. Every officer whose office is abolished by law, or who, after the expiration of the time for which he may be appointed or elected, or after he has resigned or been legally removed from office, wilfully and unlawfully withholds or detains from his successor, or other person entitled thereto, the records, papers, documents, or other writings appertaining or belonging to his office, or mutilates, destroys or takes away the same, or wilfully and unlawfully withholds or detains from his successor, or other person entitled thereto, any money or property in his custody as such officer, is punishable by imprisonment in the state prison not less than one nor more than ten years. Enacted February 14, 1872; amendment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 442, held unconstitutional, see history, § 5 ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 646. § 77. PRECEDING SECTIONS TO APPLY TO ADMINISTRATIVE AND MINISTERIAL OFFICERS. The various provisions of this chapter apply to administrative and ministerial officers, in the same manner as if they were mentioned therein. Enacted February 14, 1872. TITLE VI. OF CRIMES AGAINST THE LEGISLATIVE POWER 1. As to constitutionality of "Act to Prevent Corrupt Practices at Elections," see Mason v. State ex rel. McCoy, 58 Ohio St. 30, 41 L. R. A. 291, 50 N. E. 6.; Skewes v. Bliss, 58 Utah 51, 196 Pac. 850. As to construction of such acts, see State ex rel. Crow v. Bland, 144 Mo. 543, 41 L. R. A. 297, 46 S. W. 440; State ex. rel. Brady v. Bates, 102 Minn. 104, 21 Ann Cas. 105, 112 N. W. 1026; Nelson v. Glass, 27 N. D. 357, Ann. Cas. 1915C, 796, 146 N. W. 537. See also 9 R. C. L. 1180, § 167. As to expenditure of money for a candidate for office without his knowledge or consent not working forfeiture of office under such an act, see State ex rel. Crow v. Bland, 144 Mo. 543, 41 L. R. A. 297, 46 S. W. 440. § 81. PREVENTING THE MEETING OR ORGANIZATION OF EITHER BRANCH OF THE LEGISLATURE. Every person who wilfully, 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 guilty of felony. Enacted February 14, 1872. § 82. DISTURBING THE LEGISLATURE WHILE IN SESSION. Every person who wilfully disturbs the legislature of this state, or either of the houses composing it, while in session, or who commits any disorderly conduct in the immediate view and presence of either house, tending to interrupt its proceedings or impair the respect due to its authority, is guilty of a misdemeanor. Enacted February 14, 1872. § 83. ALTERING DRAFT OF BILL OR RESOLUTION. Every 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 [1] procure it to be passed or adopted by either house, or [2] certified by the presiding officer of either house, in language different from that intended by such house, is guilty of felony. Enacted February 14, 1872. § 84. ALTERING ENROLLED COPY OF BILL OR RESOLUTION. Every person who fraudulently alters the enrolled copy of any bill or resolution which has been passed or adopted by the legislature of this state, with intent to [1] procure it to be approved by the governor, or [2] 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 or adopted by the legislature, is guilty of felony. Enacted February 14, 1872. § 85. GIVING OR OFFERING BRIBES TO MEMBERS OF THE LEGISLATURE. Every person who gives or offers to give a bribe [1] to any member of the legislature, or [2] to another person for him, or [3] attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in [a] giving or with |