$ 129. FALSE RETURN UNDER OATH, WHETHER OATH IS TAKEN OR NOT. Every person who, being required by law to make any return, statement, or report, under oath, wilfully makes and delivers any such return, statement, or report, purporting to be under oath, knowing the same to be false in any particular, is guilty of perjury, whether such oath was in fact taken or not. Enactment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 444, held unconstitutional, see history, § 4 ante; re-enactment approved March 21, 1905, Stats. and Amdts. 1905, p. 649. [Commissioners' note to this chapter says that it "is founded upon § 3 of the act of April 27, 1863 (Stats. 1863, p. 645), and §§ 84 and 86 of the Crimes and Punishment Act, as amended by act cited. The language adopted is that of the New York Penal Code, §§ 165 to 170, inclusive. They more clearly define the offense and carry out what evi dently was the spirit and intent of the act."] § 132. OFFERING FALSE EVIDENCE. Every person who, upon any trial, proceeding, inquiry, or investigation whatever, authorized or permitted by law, offers in evidence, as genuine or true, any book, paper, document, record, or other instrument in writing, knowing the same to have been forged, or fraudulently altered or antedated, is guilty of felony. Enacted February 14, 1872. § 133. DECEIVING A WITNESS. Every person who practises any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any witness or person about to be called as a witness upon any trial, proceeding, inquiry, or investigation whatever, authorized by law, with intent to affect the testimony of such witness, is guilty of a misdemeanor. Enacted February 14, 1872. § 134. PREPARING FALSE EVIDENCE. Every person guilty of preparing any false or antedated book, paper, record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced for any fraudulent or deceitful purpose, as genuine or true, upon any trial, proceeding, or inquiry whatever, authorized by law, is guilty of felony. Enacted February 14, 1872. § 135. DESTROYING EVIDENCE. Every person who, knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, inquiry, or investigation whatever, authorized by law, wilfully destroys or conceals the same, with intent thereby to prevent it from being produced, is guilty of a misdemeanor. Enacted February 14, 1872. § 136. PREVENTING OR DISSUADING WITNESS FROM ATTENDING. Every person who wilfully prevents or dissuades any person who is or may become a witness, from attending upon any trial, proceeding, or inquiry, authorized by law, is guilty of a misdemeanor. Enacted February 14, 1872. § 137. BRIBING WITNESSES. Every person who [1] gives, or offers, or promises to give, to any witness, or person about to be called as a witness, any bribe, upon any understanding or agreement that the testimony of such witness shall be thereby influenced. or [2] who attempts by any other means fraudulently to induce any person to give false or withhold true testimony, is guilty of a felony. Enacted February 14, 1872; amendment approved March 30, 1874, Code Amdts. 1873-4, p. 425. § 138. TAKING OR OFFERING TO TAKE BRIBES. Every person who is a witness, or is about to be called as such, who receives, or offers to receive, any bribe, upon any understanding that [1] his testimony shall be influenced thereby, or [2] that he will absent himself from the trial or proceeding upon which his testimony is required, is guilty of a felony. Enacted February 14, 1872; amendment approved March 30, 1874, Code Amdts. 1873-4, p. 425. § 144. Receiving fee or compensation services rendered in arresting fugitives from justice. § 145. Delaying to take person arrested before a magistrate. § 146. Making arrests, etc., without lawful authority. False certificates by public officers. Disclosing fact of indictment or presentment having been found or made. § 169. Grand Juror disclosing what transpired before the grand jury. § 170, § 171. Maliciously procuring search warrant. Unauthorized communication with convict in the state prison. § 171a. Bringing certain drugs and firearms into or near prisons. § 171b. Ex-convicts coming upon or near prison grounds. § 171c. Tramp, vagrant, etc., coming into prison or upon grounds belonging thereto. § 172. Sale, etc., of intoxicating liquors near § 172a. Selling, etc., of intoxicating liquors § 173. § 156. Fraudulent pretenses relative to brith of infant. § 174. § 175. Separate and distinct prosecutions. § 178. Officers of corporations not to employ Chinese. § 179. Corporations not employ Penalty. [Repealed.] § 142. OFFICER REFUSING TO RECEIVE OR ARREST PARTIES CHARGED WITH CRIME. Every sheriff, coroner, keeper of a jail, constable, or other peace officer, who wilfully refuses to receive or arrest any person charged with a criminal offense, 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 § 100 Criminal Practice Act, Stats. 1850, p. 241. § 143. PUBLIC ADMINISTRATOR, NEGLECT OF DUTY OR VIOLATION OF DUTY BY. Every person holding the office of public administrator, who [1] wilfully refuses or neglects to perform the duties thereof, or [2] who violates any provision of law relating to his duties or the duties of his office, for which some other punishment is not prescribed, is punishable by fine not exceeding five thousand dollars, or imprisonment in the county jail not exceeding two years, or both. Enacted February 14, 1872, founded on § 303 Act May 1, 1851, Stats. 1851, p. 488. § 144. RECEIVING FEE OR COMPENSATION FOR SERVICES RENDERED IN ARRESTING FUGITIVES FROM JUSTICE. Every person who violates any of the provisions of section fifteen hundred and fifty-eight is guilty of a misdemeanor. Enacted February 14, 1872. § 145. DELAYING TO TAKE PERSON ARRESTED BEFORE A MAGISTRATE. Every public officer or other person, having arrested any person upon a criminal charge, who wilfully delays to take such person before a magistrate having jurisdiction, to take his examination, is guilty of a misdemeanor. Enacted February 14, 1872. As to requirement that defendant be taken before magistrate without delay, see post, 825. § 146. MAKING ARRESTS, ETC., WITHOUT LAWFUL AUTHORITY. Every public officer, or person pretending to be a public officer, who, [1] under the pretense or color of any process or other legal authority, arrests any person or detains him against his will, or [2] seizes or levies upon any property, or [3] dispossesses any one of any lands or tenements, without a regular process or other lawful authority therefor, is guilty of a misdemeanor. Enacted February 14, 1872. § 147. INHUMANITY TO PRISONERS. Every officer who is guilty of wilful inhumanity or oppression toward any prisoner under his care or in his custody, is punishable by fine not exceeding two thousand dollars, and by removal from office. 240. Enacted February 14, 1872, founded on § 88 Criminal Practice Act, Stats. 1850, p. § 148. RESISTING PUBLIC OFFICERS IN THE DISCHARGE OF THEIR DUTIES. Every person who wilfully resists, delays, or obstructs any public officer, in the discharge or attempt to discharge any duty of his office, when no other punishment is prescribed, 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 § 92 Criminal Practice Act (Stats. 1850, p. 240), as amended March 28, 1860, Stats. 1860, p. 125. As to resistance of public officer performing his duty, see ante, § 69. § 149. ASSAULTS, ETC., BY OFFICERS, UNDER COLOR OF AUTHORITY. Every public officer who, under color of authority, without lawful necessity, assaults or beats any person, 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 § 92 Criminal Practice Act (Stats. 1850, p. 240), amended by Act March 28, 1860, Stats. 1860, p. 125. § 150. REFUSING TO AID OFFICERS IN ARREST, ETC. Every male person above eighteen years of age who [1] neglects or [2] refuses to join the posse comitatus or power of the county, by [3] neglecting or refusing to aid and assist in taking or arresting any person against whom there may be issued any process, or [4] by neglecting to aid and assist in retaking any person who, after being arrested or confined, may have escaped |