only means of making a living; and by the time the question could be disposed of by action it would be too late to prepare and plant crops, his family would be a burden on the town, himself idle instead of earning a living, and the public altogether more injured than by the opposition to the officer (1).

§ 177. Compounding a felony is agreeing for a consideration not to prosecute for a crime committed. By such composition the government is defrauded of the revenues it might receive from the fine the criminal would pay on conviction. Whether the offense compounded is a common law crime or statutory, whether it is a felony or a misdemeanor it is criminal to agree not to prosecute it, unless there is a statute of the state permitting composition of such crimes.

§ 178. Rescue, prison breach, and escape. Rescue is the crime of aiding a criminal in custody to escape. It differs from prison breach only in the fact that prison breach is by the prisoner himself and rescue is by another. To convict the accused of prison breach it is necessary that the breach was made by himself or by others with his knowledge and assent and in privity with him; otherwise if he goes out through the breach he is guilty of escape only. If the prison is set on fire by any cause without the consent of the prisoner and he makes a breach to save his life, he is not guilty of prison breach. The breaking of the jail in an unsuccessful attempt to rescue or escape is an indictable offense. All these acts are common law crimes. The authorities are not agreed as to

(1) People v. Clements, 68 Mich. 655.

whether it is a crime to escape when confined on civil process. If there is no lawful commitment there is no crime in escaping; but if the warrant is lawful and the imprisonment valid the innocence of the accused is no justification for his escape. Escape is actual or constructive, voluntary or involuntary. Constructive escape is the act of the jailor in giving the prisoner illegal liberties. Actual escape is obtaining entire freedom. Voluntary escape is the act of the jailor in permitting an actual or constructive escape. Involuntary escape is the act of the prisoner escaping without the consent of the jailor; and if this is accomplished by means of the neglect of the jailor he is guilty of negligent escape. The prisoner who escapes without prison breach is guilty of a misdemeanor only, regardless of the crime on which he is confined. This crime is committed if the prison is left open and he goes out without obstruction.

§ 179. Embracery is any attempt corruptly to influence a jury in any action, by promises, persuasions, entreaties, money, entertainments, or the like. The crime consists in the attempt and not in the completed act, and therefore it is immaterial that it was not a successful attempt.

§ 180. Bribery is the voluntary giving or receiving of anything of value in corrupt payment for an official act. It has been thought by some that the offense of bribery relates only to an attempt corruptly to influence a judge or other official concerned in the administration of public justice; but the cases establish the broader doctrine that any attempt to influence any officer, executive, legislative,

or judicial, in the performance of his official duty, by the offer of a reward or pecuniary consideration is an indictable common law misdemeanor. The asking and acceptance of a bribe by an official was a felony at common law. There are also statutes on the subject in each state. The offense is complete when an offer of reward is made to influence the vote or action of the official. It need not be averred, that the vote, if procured, would have produced the desired result, nor that the official, or the body of which he was a member, had authority by law to do the thing sought to be accomplished. Suppose an application made to a justice of the peace, in the court for the trial of small causes, for a summons in case of replevin, for slander, assault and battery, or trespass, wherein title to lands is involved; over these actions a justice of the peace has no jurisdiction, and any judgment he might render therein, would be coram non judice and void; yet it can hardly be contended, that a justice thus applied to may be offered, and with impunity accept a reward, to issue a summons in any such case.

§ 181. Perjury is testifying falsely under oath concerning any matter material to the issue or cause in question in any judicial proceeding. One who testifies positively on a point as to which he is ignorant is guilty of the crime of perjury whether the statements he makes be true or false; for the gist of the crime is the wilful attempt to mislead the court. On the other hand, it is not common law perjury unless made in some judicial proceeding and pertinent to the question before the court. It is not to be understood that the oath must be admin

istered in the court or the testimony given there; one who made a false oath to obtain release from imprisonment on execution was convicted of perjury, although the oath was by affidavit after judgment. The court said: "In the case before the court it is not denied that the oath was false, the intention wilful, the oath lawfully administered, and the assertion absolute.

Here the magistrate had a general power to administer oaths, and the particular power to administer this oath. He was instrusted with a portion of the administration of public justice; for he was to decide, in some capacity, whether the oath should be administered. The question is not so much in what character the magistrate acted, as what was to be the effect of his act-would it affect the course of public justice? For that purpose we must look at the situation of the parties. After the usual course of litigation, the creditor had obtained a judgment and execution against his debtor, and had confined him to prison. The debtor wished to be relieved from the inconvenience of this judgment, and to deprive the creditor of one of the means of satisfying it, which the law had given him; and for this purpose took the oath which has given rise to this inquiry; and the effect of it is to relieve him from the operation of the judicial sentence, and to deprive the creditor of the benefit of it. Is not then the immediate effect to interfere with the course of juctice? It was further said that here was no point in issue, or in the language of the law, nothing in debate between the parties. So far as regards the formal issue, this is true; and that will apply to every oath

collateral to the question at issue. But here the real question between the parties was, shall, or shall not, this debtor be liberated from his imprisonment, unless the creditor will support him? A question of deep interest to one party, and of some importance to the other, a question which the forms of proceeding cannot conceal." The court held that the false oath was perjury (2). Testimony having only a collateral relation to the case, for example, showing what credit is due the testimony of the witness, is sufficiently material to make a false oath on it perjury, as that he had never been convicted of a felony, or was not interested in the result of the suit.

§ 182. Contempt is a wilful disregard or disobedience of public authority; and is either direct, which openly insults or resists the powers of the court or persons of the judges who preside there, or indirect and consequential, which without any direct opposition or gross insolence plainly tends to create universal disregard of their authority. If the contempt be direct in the face of the court, the punishment may be and usually is summary, without formal accusation, pleadings, testimony, or argument, any one of which might accomplish the very disruption of the court's business designed by the original contempt. The court knowing all the facts by its own senses, needs neither information, testimony, nor argument to see their import; and so the court proceeds at once to order the punishment and its immediate execution. The power of keeping order, and of requiring a proper and decorous

(2) Arden v. State, 11 Conn. 408.