ment of money at the treasury, county order or warrant, or request for the payment of money or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or acquittance, release, or receipt for money or goods, or any acquittance, release, or discharge for any debt, account, suit, action, demand, or other thing real or personal, or any transfer or assurance of money, stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer stock or annuities, or to let, lease, dispose of, aliene, or convey any goods or chattels, lands or tenements, or other estate, real or personal, or any acceptance or indorsement of any bill of exchange, promissory note, draft, order, or assignment of any bond, writing obligatory, or promissory note for money or other property, or shall counterfeit or forge the seal or handwriting of another, with intent to damage or defraud any person or persons, body politic or corporate, whether the said person or persons, body politic or corporate, reside in or belong to this state or not, or shall utter, publish, pass, or attempt to pass, as true and genuine, any of the above-named false, altered, forged, or counterfeited matters, as above specified and described, knowing the same to be false, altered, forged, or counterfeited, with intent to prejudice, damage, or defraud any person or persons, body politic or corporate, whether the said person or persons, body politic or corporate, reside in this state or not; every person so offending shall be deemed guilty of forgery, and upon conviction thereof, shall be punished by imprisonment in the state prison for a term not less than one year nor more than fourteen years.

ART. 1934, Sec. 74. Every person who shall counterfeit any of the species of gold or silver coin now current, or that shall hereafter be current in this state, or shall pass or give in payment such counterfeit coin, or permit, cause, or procure the same to be uttered or passed, with intention to defraud any person, body politic or corporation, knowing the same to be counterfeited, shall be deemed guilty of counterfeiting, and upon conviction thereof, shall be punished by imprisonment in the state prison for a term not less than one year, nor more than fourteen years. ART. 1935, Sec. 75. Every person who shall have in his possession, or receive for any other person, any counterfeit gold or silver coin or coins of the species now current, or hereafter to be current in this state, with intention to utter or pass the same, or permit, cause, or procure the same to be uttered or passed, with intention to defraud any person or persons, body politic or corporate, knowing the same to be counterfeit, and being thereof duly convicted, shall be punished by imprisonment in the state prison for a term not less than one nor more than fourteen years. ART. 1936. That every person who shall knowingly and willfully forge or counterfeit, or cause or procure to be forged or counterfeited, upon any goods, wares or merchandise, the private stamps or labels of any mechanic or manufacturer, with intent to defraud the purchasers or manufacturers of any goods, wares or merchandise whatsoever, shall, on conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for a term not exceeding six months, or by a fine of not less than three hundred nor more than six hundred dollars.-[Act March, 1853, in.

ART. 1937. That any person who shall sell any goods, wares or merchandise having thereon any forged or counterfeit stamps or labels, purporting to be the stamps or labels of any mechanic or manufacturer, knowing the same to be forged or counterfeited, without disclosing the fact to the purchaser, shall, on conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for a term not exceeding six months, or by a fine of not less than three hundred nor more than six hundred dollars.-[Id.

ART. 1938, Sec. 76. Every person who shall have in his possession, or shall receive from any other person any forged promissory note or notes, or bank bills, or bills for the payment of money or property, with intention to pass the same, or to permit, cause, or procure the same to be utterred or passed, with intention to defraud any

person or persons, body politic or corporate, whether such person or persons, body politic or corporate, reside in or belong to this state, or not, knowing the same to be forged or counterfeited, or shall have or keep in his possession any blank or unfinished note or blank bill, made in the form or similitude of any promissory note or bill for payment of money or property, made to be issued by any incorporated bank or banking company, with intention to fill up and complete such blank and unfinished note or bill, or to permit, or cause or procure the same to be filled up and completed in order to utter or pass the same, or to permit, or cause, or procure the same to be uttered and passed, to defraud any person or persons, body politic or corporate, whether in this state or elsewhere, shall, on conviction thereof, be punished by imprisonment in the state prison for a term not less than one nor more than fourteen years.

ART. 1939, Sec. 77. Every person who shall make, pass, utter, or publish, with an intention to defraud any other person or persons, body politic or corporate, either in this state or elsewhere, or with the like intention shall attempt to pass, utter, or publish, or shall have in his possession, with like intent to utter, pass, or publish any fictitious bill, note, or check, purporting to be the bill, note, or check, or other instrument in writing for the payment of money or property of some bank, corporation, copartnership, or individual, where in fact there shall be no such bank, copartnership, or individual in existence, the said person knowing the said bill, note, check, or instrument in writing for the payment of money or property to be fictitious, shall be deemed guilty of forgery, and on conviction thereof shall be punished by imprisonment in the state prison for a term not less than one, nor more than fourteen years.

ART. 1940, Sec. 78. Every person who shall make, or knowingly have in his possession, any die or dies, plate or plates, or any apparatus, paper, metal, machine, or other thing whatever, made use of in counterfeiting the coin now made current, or hereafter to be made current in this state, or in counterfeiting bank notes or bills, upon conviction thereof shall be punished by imprisonment in the state prison for a term not less than one, nor more than fourteen years; and all such dies, plates, apparatus, paper, metal, or machine, intended for the purpose aforesaid, shall be destroyed.

ART. 1941, Sec. 79. On the trial of any person for forging any bill or note purporting to be the bill or note of some incorporated company or bank, or for passing or attempting to pass, or having in possession, with intent to pass, any such forged bill or note, it shall not be necessary to prove the incorporation of such bank or company by the charter or act of incorporation, but the same may be proved by general reputation.

Sec. 80. Persons of skill shall be competent witnesses to prove that such bill or note is forged or counterfeited.

ART. 1942, Sec. 81. Every person who shall fraudulently forge or counterfeit the seal of this state, or the seal of any court or public officer by law entitled to have and use a seal, and shall make use of the same, or shall forge or counterfeit the signature of any public officer, or shall unlawfully and corruptly, and with evil intent, affix any of the said true seals to any commission, deed, warrant, pardon, certificate, or other writing, or who shall have in his possession or custody any such counterfeited seal, and shall willfully conceal the same, knowing it to be falsely made and counterfeited, and shall thereof be convicted, shall be punished by imprisonment in the state prison for a term not less than one, nor more than fourteen years.

ART. 1943. If any person shall counterfeit any kind or species of gold dust, gold bullion or bars, lumps, pieces or nuggets of gold, or any description whatsoever of uncoined gold, currently passing in this state, or shall alter or put off any kind of uncoined gold mentioned in this section, for the purpose of defrauding any person or persons, body politic or corporate, or shall make any instrument

for counterfeiting any kind of uncoined gold as aforesaid, knowing the purpose for which such instrument was made, or shall knowingly have in his possession and secretly keep any instrument for the purpose of counterfeiting any kind of uncoined gold as aforesaid, every such person so offending shall be deemed guilty of counterfeiting, and upon conviction thereof shall be punished by imprisonment in the state prison for a term not less than one year, nor more than fourteen years. [Act April 28, 1855, in.

ART. 1944. Every person who shall have in his possession, or receive for any other person any counterfeit gold dust, gold bullion or bars, lumps, pieces or nuggets of gold, or any description whatsoever of uncoined gold currently passing in this state, or entering in any wise into the circulating medium of the state, with intention to utter, put off or pass the same, or permit, cause or procure the same to be uttered or passed, with intention to defraud any person or persons, body politic or corporate, knowing the same to be counterfeit, and being thereof duly convicted, shall be punished by imprisonment in the state prison for a term not less than one year, nor more than fourteen years.—[Id.

IX. CRIMES AND OFFENSES AGAINST PUBLIC JUSTICE.

ART. 1945, Sec. 82. Every person having taken a lawful oath, or made affirmation in any judicial proceeding, or in any other matter where by law an oath or affirmation is required, who shall swear or affirm willfully, corruptly and falsely, in a matter material to the issue or point in question, or shall suborn any other person to swear or affirm as aforesaid, shall be deemed guilty of perjury, or subornation of perjury, (as the case may be,) and upon conviction thereof shall be punished by imprisonment in the state prison for any term not less than one nor more than fourteen years.

ART. 1946, Sec. 83. Every person who, by willful and corrupt perjury or subornation of perjury, shall procure the conviction and execution of any innocent person, shall be deemed and adjudged guilty of murder, and upon conviction thereof shall suffer the punishment of death.

ART. 1947, Sec. 84. If any person or persons shall, directly or indirectly, give any sum or sums of money, or any other bribe, present, or reward, or any promise, contract, obligation, or security for the payment or delivery of any money, present, reward, or any other thing, to obtain or procure the opinion, judgment, or decree of any judge or justice of the peace acting within this state, or to corrupt, induce, or influence such judge or justice of the peace to be more favorable to one side than to the other in any suit, matter, or cause depending or to be brought before him or them, or shall, directly or indirectly, give any sum or sums of money, present, or reward, or any promise, contract, obligation, or security for the payment or delivery of any money, present, or reward, or other thing, to obtain, procure, or influence any member of the legislature, or to incline, induce, or influence any such member of the legislature to be more favorable to one side than to the other on any question, election, matter, or thing pending or to be brought before the legislature or either house thereof, the person so giving any money, bribe, present, or reward, promise, contract, obligation, or security, with intent and for the purpose aforesaid, and the judge, justice of the peace, or member of the legislature who shall accept or receive the same, shall be deemed guilty of bribery, and on conviction shall be punished by imprisonment in the state prison for a term not less than one year, and shall be disqualified from holding any office of honor, trust, or profit in this state.

ART. 1948, Sec. 85. If any person shall, directly or indirectly, give any sum or sums of money, or any other bribe, present, or reward, or any promise, contract, obligation, or security for the payment of any money, present, or reward, or any other thing, to any judge, justice of the peace, sheriff, coroner, clerk, constable, jailor, attorney-general, district or county attorney, member of the legislature, or

I

other officer, ministerial or judicial (but such fees as are allowed by law,) with intent to induce or influence such officer to appoint any person to office or to execute any of the powers in him vested or perform any duty of him required, with partiality or favor, or otherwise than is required by law, or in consideration that such officer hath appointed any person to any office, or exercised any power in him vested, or performed any duty of him required with partiality or favor, or otherwise contrary to law, the person so giving and the officer so receiving any money, bribe, present, reward, promise, contract, obligation, or security, with the intent or for the purpose or consideration aforesaid, shall be deemed guilty of bribery, and on conviction thereof shall be punished by imprisonment in the state prison for a term not less than one year nor more than ten years, and shall be disqualified to hold any office of honor, trust, or profit in this state.

ART. 1949, Sec. 86. Every person who shall offer or attempt to bribe any member of the legislature, judge, justice of the peace, sheriff, coroner, clerk, constable, jailor, attorney-general, district or county attorney, or other ministerial or judicial officer, in any of the cases mentioned in the two preceding sections, and every member of the legislature, judge, justice of the peace, sheriff, coroner, clerk, constable, jailor, attorney-general, district or county attorney, or other ministerial or judicial officer, who shall propose or agree to receive a bribe in any of the cases mentioned in either of the two preceding sections, shall, on conviction, be fined in a sum not exceeding five thousand dollars, and shall be disqualified to hold office of honor, trust, or profit in this state.(1)

any

ART. 1950, Sec. 87. If any judge, justice of the peace, sheriff, coroner, clerk, recorder, or other public officer, or any person whatsoever, shall steal, embezzle, corrupt, alter, withdraw, falsify, or avoid any record, process, charter, gift, grant, conveyance, bond, or contract, or shall knowingly and willfully take off, discharge, or conceal any issue, forfeited recognizance, or other forfeiture, or shall forge, deface, or falsify any document or instrument recorded, or any registered acknowl edgment or certificate, or shall alter, deface, or falsify any minute, document, book, or any proceeding whatever of or belonging to any public office within this state, the person so offending, and being thereof duly convicted, shall be punished by imprisonment in the state prison for a term not less than one nor more than ten years, and be fined in a sum not exceeding five thousand dollars.

ART. 1951, Sec. 88. Every sheriff or jailor who shall be guilty of willful inhumanity or oppression to any prisoner under his care or custody, shall be fined in any sum not exceeding two thousand dollars, and be removed from office.

ART. 1952, Sec. 89. If any officer whose office shall be abolished by law, or who, after the expiration of the time for which he may be appointed or elected, or after he shall have resigned or been legally removed from office, shall willfully and unlawfully withhold or detain from his successor, or other person entitled thereto by law, the records, papers, documents, or other writing appertaining or belonging to his office, or mutilate, destroy, or take away the same, the person so offending shall, on conviction, be punished by imprisonment in the state prison for a term not less than one year, nor more than ten years. The provisions of this section shall apply to any person or persons who shall have such records, documents, papers, or other writings in his, her, or their possession, and shall willfully mutilate, destroy, withhold, or detain the same as aforesaid.

ART. 1953, Sec. 90. Every person who shall falsely represent or personate another, and in such assumed character shall marry another, become bail or surety for any party in any proceeding civil or criminal, before any court or officer authorized to take such bail or surety, or confess any judgment, or acknowledge the execution of any conveyance of real estate, or of any other instrument which by law may be recorded, or do any other act in the course of any suit, proceeding, or prosecution, whereby the person so represented or personated may be

(1) People ex rel. Purley, 2 Cal. 564.

made liable in any event to the payment of any debt, damages, cost, or sum of money, or his right or interest may in any manner be affected, shall, upon conviction, be punished by imprisonment in the county jail not exceeding two years, or by fine not exceeding five thousand dollars.

ART. 1954, Sec. 91. Every person who shall falsely represent or personate another, and in such assumed character shall receive any money or valuable property of any description, intended to be delivered to the person so personated, shall, upon conviction, be punished in the same manner, and to the same extent as for feloniously stealing the money or property so received.

ART. 1955, Sec. 92. If any person shall knowingly and willfully obstruct, resist, or oppose any sheriff, deputy sheriff, coroner, constable, marshal, policeman, or other officer of this state, or other person duly authorized, in serving, or attempting to serve any law process or order of any court, judge, or justice of the peace, or any other legal process whatever, or shall assault or beat any such officer or person duly authorized, in serving, or executing, or attempting to serve or execute any order or process as aforesaid, or for having served, or executed, or attempted to serve or execute the same, every person so offending shall be fined in any sum not exceeding five thousand dollars, and punished [imprisoned] in the county jail for a term not exceeding five years; provided, any officer or person whatsoever that may or shall assault or beat any individual, under color of his commission or authority, without lawful necessity so to do, shall, on conviction suffer the same punishment.

ART. 1956, Sec. 93. If any person or persons shall set at liberty, or rescue any person who shall have been found guilty or convicted of a crime, the punishment of which is death, such person, on conviction thereof, shall be punished by imprisonment in the state prison for a term not less than one year, nor more than fourteen years; and if any person or persons shall set at liberty or rescue any person who shall have been found guilty or convicted of a crime, the punishment. of which is imprisonment in the state prison, or in prison, the person so offending, on conviction thereof, shall be sentenced to the same punishment that would have been inflicted on the person so set at liberty or rescued.

ART. 1957, Sec. 94. If any person shall set at liberty or rescue any person who, before conviction, stands charged or committed for any capital offense, or any crime punishable in the state prison, such person so offending shall, on conviction, be fined in any sum not exceeding one thousand dollars, and imprisoned in the county jail not exceeding one year; and if the person rescued or set at liberty stands charged, committed, or convicted of any misdemeanor or other offense punishable by fine or imprisonment, or both, the person convicted of such rescue or setting at liberty shall suffer the same punishment that would have been inflicted on the person rescued or set at liberty, if he or she had been found guilty. ART. 1958, Sec. 95. If any sheriff, deputy sheriff, or jailor, or any person employed by them as a guard, shall fraudulently contrive, procure, aid, connive at, or otherwise voluntarily suffer the escape of any convict in custody, every such person, on conviction, shall be punished by imprisonment in the state prison for a term not exceeding ten years, and fined in a sum not exceeding ten thousand dollars.

ART. 1959, Sec. 96. If any person shall carry to any convict imprisoned or in custody, or into any county jail or other place where such convict may be confined, any tool, weapon, or other aid with intent to enable such convict to escape such custody or confinement, whether such escape be effected or not, any person so offending, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, and imprisoned in the state prison not exceeding five years.

ART. 1960, Sec. 97. If any person or persons shall rescue another in legal custody on civil process, such person or persons shall, on conviction, be fined in any sum not exceeding one thousand dollars.