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OF

MISCONDUCT

PENALTIES FOR BRIBERY, EXTORTION, EMBEZZLEMENT,

IN OFFICE, AND TO ENFORCE OFFICIAL DUTY.

1.- Of Bribery.

1685. Sec. 50. If any person or persons shall, directly or Bribery of indirectly, give any sum or sums of money, or any other bribe, Judge, Juspresent, or reward, or any promise, contract, obligation, or member of security for the payment or delivery of any money, present,

legislature. 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 such Judge or Justice of the Peace to be more favorable to one side than the other, in any suit, matter, or cause, depending, or to be brought before him or them, or shall, directly, 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 any 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 the intent, and for the purpose aforesaid ; and the Judge, Justice Punishment. of the Peace, or member of the legislature, who shall receive or accept the same, 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 nor more than eleven years, and shall be disqualified from holding any office of honor, trust, or profit, in this state.

1686. Sec. 51. If any person shall, directly or indirectly, Persons giv. give any sum or sums of money, or any other bribe, present, or receiving reward, or any promise, contract, obligation, or security, for bribe. the payment of any present or reward, or any other thing, to any Judge, Justice of the Peace, Sheriff, Clerk, Constable, Public Administrator, Jailer, Attorney-General, District or City Attorney, member of the legislature, or other officer, ministerial or judicial (but such fees as are allowed by law), the person so giving, and the officer so receiving, any money, bribe, present,

promise, contract, obligation, or security, shall be deemed guilty of bribery, and, on conviction thereof, shall be punish ed by imprisonment in the state prison for a term not Punishment. less than one nor more than eleven years, and shall be disqualified to hold any office of honor, trust, or profit, in this state.

1687. Sec. 52. Every person who shall offer or attempt attempting to bribe any member of the legislature, Judge, Justice of the ticense Peace, Sheriff, Public Administrator, Clerk, Constable, Jailer, Attorne y-General, District or City Attorney, or other ministerial or judicial officer, in any of the cases mentioned in the two preceding sections, and every member of a legislature, Judge,

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Justice of the Peace, Sheriff, Public Administrator, Clerk, Constable, Jailer, Attorney-General, District or City Attorney, or other ministerial or judicial officer who shall propose or agree to receive any bribe, in any of the cases mentioned in either of

the two preceding sections, shall, on conviction, be imprisoned Punishment in the state prison for u term not less than one nor more than

seven years, and shall be disqualified to hold any office of honor, trust, or profit in this state.

11.-Of Extortion.

Extortion. 1688. Sec. 53. If any Judge, Justice of the Peace, Sheriff,

Public Administrator, Clerk, Constable, or other officer of this state, ministerial or judicial, shall willfully charge and receive any fee or reward larger than is allowed by law to do, or execute his duty as such officer, or if any such officer shall willfully or corruptly ask or demand, as a condition precedent to the performance of his duty as such officer, any fee or reward,

except such as are allowed by law, every such officer so offending Punishment. shall be deemed guilty of extortion, and, on conviction thereof,

shall be fined in any sum not less than two hundred dollars nor more than one thousand dollars, and removed from office.

III.-Of Embezzlement.

Embezzle. ment by a

1689. Sec. 54. Every servant, officer, or person employed public oficer. in any public department, station, or office of the government

of this state, or of any county, city, or town, or in any office of a corporate body, who shall embezzle, steal, secrete, or fraudulently take and carry away any money, goods, chattels, effects, book or books of records, or of account, bond or bonds, bank bill or notes, or any other writing or security for the payment of money or property, of whatever description it may

be, being the property of the said state, county, city, town, or Punishment. cori ate body, shall, on conviction thereof, be punished by

imprisonment in the state prison for a term not less than one nor

more than eleven years. Officer refus- 1690. Sec. 55. If any officer or person who now is, or ing to pay hereafter may be intrusted by law to collect, disburse, receive, over public funds. or safely keep any money or moneys, revenue or revenues

belonging to this state, to the school fund of the state, to the school fund of any county, city, or town, to any county, city, or town in this state, to any canal, turnpike or railroad fund of this state, or to any fund for the improvement of any public road, river, creek or other water course bordering on or within this state, or to any other fund now being, or hereafter to be, established by law for public purposes, who shall fail or refuse to pay over all moneys. warrants. bills, notes, and orders which

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embezzle. ment in certain cases.

this state, or to any such fund, as aforesaid, when such officer or person shall be thereto required by law, and demand duly made by the successor or successors of such officer or person in office, or by the officer or person to whom such money, warrants, bills, notes, or orders, ought, by law, to be paid over to his or their attorney or agent, duly authorized in writing, signed and acknowledged, if such demand be practicable, every such officer or person shall be deemed guilty of embezzlement, and, on conviction thereof, be punished by imprisonment in the Punishment state prison for a term not less than one nor more than five years; provided, that no person shall be imprisoned in the state Proviso, prison, under this section, unless the money not paid over shall amount to one hundred dollars; or if it appear that such failure or refusal shall be occasioned by unavoidable accident or loss. Every person convicted under the provisions of this section shall forever thereafter be disqualitied from holding any office of honor, trust, or profit in this state.

1691. Sec. 56. If any officer of this state, or of any officers in. county, city, town, or corporation in this state, charged with trusted with the safe keeping, transfer, or disbursement of public moneys, of money,

etc., guilty of or moneys of such corporation, shall convert to his own use, in any manner whatever, or shall use by way of investment in any kind of property or merchandise, or shall loan, with or without interest, any portion of such moneys, bonds, or other evidence of indebtedness of the state, county, city, town, or corporation, in trusted to him for safe keeping, transfer, disbursement, or any other purpose, every such act shall be deemed and adjudged to be an embezzlement of so much money as shall be thus taken, converted, invested, used, or loaned, which is hereby declared to be a felony. And the neglect or refusal to Neglect to pay over, on demand, any such moneys in his hands, upon the Paynever presentation of a draft, or order, or warrant drawn upon him

proper officer, or any officer authorized by law, and signed by such officer, or to transfer or disburse any such money's promptly, according to law, on the legal requirements, of any officer authorized to make such requirements, shall be prima facie evidence of such conversion to his own use of such moneys us may be in his hands; and it shall not be necessary on trials to in an indictment, under this section, to particularly describe

bezzlement the kin d of money converted or embezzled, nor upon the trial of any speshall it be necessary to prove the embezzlement of any specific moneys. All persone advising, or knowingly and willfully practici ng such embezzlement, upon being convicted thereof, before any court of competent jurisdiction, shall, for every such offenses , forfeit and pay to the state, county, city, town, or corporation, a fine equal to the amount embezzled, and shall Fine and suffer inziprisonment in the state prison for a term not less than

money, etc.

by the

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penalty one nor more than five years, and shall forever thereafter be disqualified from holding any office of honor, trust, or profit in this state.- As amended, Stats. 1881, 82.

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Misconduct
by Clerk.or
Inspector of
Election.

Same.

IV.-Of Misconduct in Office. 1692. Sec. 57. If any Inspector or Clerk of an election shall, previous to putting the ballot of any elector in the ballot box, and without the consent of such elector, attempt to pry into and find out any name or names on such ballot, which shall have been handed in by such elector in a folded form ; or if any Inspector or Clerk of any election shall open, or suffer the folded ballot of an elector, which has been handed in to the Board of Inspectors, to be opened or examined into, without the consent of such elector, previous to putting the same into the ballot box; or if any Inspector or Clerk of any election, or any Registry Agent, or any other person, during the time of the canvassing of the votes polled, or subsequent thereto, or at any other time, shall, without the consent of such elector, compare the number of any vote polled, or suffer any one else to do so, with the corresponding number on the poll book, for the purpose of ascertaining how any elector voted; or if any Inspector or Clerk of an election, or any Registry Agent, having intentionally or unintentionally discovered the name or names of any person or persons voted for by an elector, at any election, and shall disclose the same, any such Inspector or Clerk of any

election, Registry Agent, or person so offending, upon conviction Punishment. thereof, shall be fined in any sum not less than fifty nor more

than five hundred dollars.

1693. Sec. 58. If any Inspector or Clerk of an election, while acting as such, shall induce, or attempt to induce, any elector, either by menace or reward, or promise thereof, to vote differently from what such elector shall intend or desire to vote, such officer so offending shall, upon conviction thereof, be fined in any sum not less than fifty nor more than five hundred dollars.

1694. Sec. 59. If the Secretary of State, or any Inneglect or

spector, Clerk of any election, Register, or any other officer, on whom any duty is enjoined by this Act, shall be guilty of any willful neglect of such duty, or of any fraudulent or corrupt

conduct in the execution of any such duty, he or they so offendPunishment. ing shall, on conviction thereof, be fined in any sum not exceed

ing two thousand dollars, to which may be added imprisonnent

in the county jail not exceeding one year. Duty of Sec. 1695. Sec. 60. It is hereby made the duty of the Secreretary of

tary of State, after the expiration of thirty days from and after failure to each election of Governor, Lieutenant-Governor, Representa

tives in Congress, and state and county officers, to certify to the proper District Attorneys any and all failures and omissions of the Boards of County Commissioners, and their Clerks and other officers, in their respective counties, to comply with the provisions of this Act, in returning, or certifying the returns or certificates of any such election, to the office of the Secretary of State, and every such certificate of the Secretary of State, sealed with the state seal, shall be sufficient presumptive evidence of any such fuilure or omission herein specified.

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1696. Sec. 61. If any Judge, Justice of the Peace, Sheriff, Stealing, Public Administrator, Clerk, Recorder, or any other public detacing officer, or any other person whatsoever, shall steal, embezzle, records. corrupt, alter, withdraw, falsify, or avoid any record, process, charter, gift, grant, conveyance, bond, or contract, or shall, knowingly or 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 acknowledgment or certificate, or shall alter, deface, or falsify any minute, document, book, or any proceedings 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 of not Punishment. less than one nor more than eleven years, and fined in any sum not exceeding five thousand dollars.

1697. SEC. 62. Every Sheriff, or Jailer, or person who Inhumanity 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.

1698. Sec. 63. If any officer, whose office shall be abol- Refusing to ished by law, or who, after the expiration of the term for which he may be appointed or elected, or after he shall have resigned, or when legally removed from office, shall willfully or 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 thereof, be punished by imprisonment in the state Punishment. prison for a term of not less than one nor more than eleven years. The provisions of this section shall apply to any person or person who have such records, documents, papers, or other writin gs in his, her, or their possession, and shall willfully mutilate, withhold, or detain the same, as aforesaid.

1699. Sec. 61. If any person shall, knowingly and will-Obstrueting fully, obstruct, resist, or oppose any Sheriff, Deputy Sheriff, service of Public Administrator, Constable, Marshal, policeman, or other process. officer of this state, or other person duly authorized, in serving or atte mpting to serve any legal 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 author ized, in serving or executing, or attempting to serve or execute, any order of process, as aforesaid, or for having served or executed it, or attempted to serve or execute the same, every person so offending shall be fined in any sum not exceeding five Punishment. thousu ad dollars, or imprisonment in the state prison for a term not les s than one nor exceeding seven years; provided, that any officer or person whatsoever who may or shall assault or beat any individual, under cover of his commission or authority, without lawful necessity so to do, shall, on conviction, suffer the same punishment.

1700. Sec. 65. If any Sheriff, Deputy Sheriff, or Jailer, Escape, vol. or any person employed by them as a guard, shall fraudulently permitting.

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