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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 disqualified from holding any office of honor, trust, or profit in this state.

safekeeping

etc.. guilty of

ment in certain cases.

money, etc.

1691. SEC. 56. If any officer of this state, or of any officers incounty, city, town, or corporation in this state, charged with trusted with the safe keeping, transfer, or disbursement of public moneys, of money, or moneys of such corporation, shall convert to his own use, in embezzleany 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, intrusted 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 pay over presentation of a draft, or order, or warrant drawn upon him by the proper officer, or any officer authorized by law, and signed by such officer, or to transfer or disburse any such moneys 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 as may be in his hands; and it shall not be necessary on trials to in an indictment, under this section, to particularly describe Bezzent the kind of money converted or embezzled, nor upon the trial of any speshall it be necessary to prove the embezzlement of any specific moneys. All persons advising, or knowingly and willfully practicing 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 imprisonment in the state prison for a term not less than 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.-4s amended, Stats. 1881, 82.

Not necessary

cinc money.

Misconduct
by Clerk-or
Inspector of
Election.

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.

Same.

Willful

neglect or

corrupt conduct by officer.

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 Inspector, 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 exceeding two thousand dollars, to which may be added imprisonment in the county jail not exceeding one year.

Duty of Secretary of

State when failure to receive returns.

1695. SEC. 60. It is hereby made the duty of the Secretary of State, after the expiration of thirty days from and after each election of Governor, Lieutenant-Governor, Representatives 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 failure or omission herein specified.

defacing

1696. SEC. 61. If any Judge, Justice of the Peace, Sheriff, Stealing, Public Administrator, Clerk, Recorder, or any other public altering or 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.

to prisoners.

deliver records.

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 writings in his, her, or their possession, and shall willfully mutilate, withhold, or detain the same, as aforesaid.

officers in

1699. SEC. 64. If any person shall, knowingly and will- Obstructing fully, obstruct, resist, or oppose any Sheriff, Deputy Sheriff, service of Public Administrator, Constable, Marshal, policenian, or other process. officer of this state, or other person duly authorized, in serving or attempting 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 authorized, 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. thousand dollars, or imprisonment in the state prison for a term not less 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, volor any person employed by them as a guard, shall fraudulently permitting.

untarily

contrive, procure, aid, connive at, or otherwise voluntarily suffer the escape of any convict in his or their custody, every such person or persons, on conviction thereof, shall be punished by Punishment. imprisonment in the state prison for a term not less than one nor exceeding eleven years, and be fined in a sum not exceeding ten thousand dollars.

Officers permitting

escape before conviction.

1701. SEC. 66. If any Sheriff, Public Administrator, Jailer, keeper of a prison, Constable, or other officer or person whatever, having any prisoner in his legal custody before conviction, shall voluntarily suffer or permit such person to escape or go at large, every such officer or person so offending shall, on conviction thereof, be fined in any sum not exceeding five thousand dollars and imprisonment in the state prison not less than one nor exceeding seven years; provided, that if such person be in custody charged with murder, or other capital offense, then such officer or person suffering or permitting such escape shall be punished by imprisonment in the state prison for any term not less than one nor more than eleven years. A negligent escape of a person charged with criminal offense, before conviction, from the custody of any of the aforesaid officers, shall be punPunishment. ished by imprisonment in the state prison for a term of not less than one nor exceeding seven years, or shall be fined in a sum not less than one thousand nor exceeding five thousand dollars.

Officer refusing to

receive arrest.

1702. SEC. 67. If any Sheriff, Public Administrator, keeper of a jail, Constable, or other officer, shall willfully refuse to receive or arrest any person charged with criminal offense, such Sheriff, Public Administrator, Jailer, Constable, or other Punishment. officer so offending, shall, on conviction thereof, be fined in any sum not less than one thousand nor exceeding five thousand dollars, or imprisonment in the state prison not exceeding five years, and removed from office.

Purchasing judgment.

Selling office.

1703. SEC. 68. If any Justice of the Peace or Constable of the same precinct shall, directly or indirectly, purchase any judgment, or any part thereof, on the docket of such Justice, or any docket in his possession, he shall, upon conviction thereof, be fined for each and every offense so convicted of, in any sum not less than one hundred nor more than one thousand dollars.

1704. SEC. 69. Every person holding or exercising any office under the laws or constitution of this state, who shall, for any reward or gratuity paid, or agreed to be paid, grant to another the right or authority to discharge any of the duties of such office (except his lawful deputies), shall be deemed guilty Punishment. of a misdemeanor, and, on conviction thereof, shall be fined in any sum not exceeding five thousand dollars, and shall be removed from office; and every such person who shall so give, or make any such agreement to give, any reward or gratuity in consideration of such grant or authority, shall, upon conviction thereof, be fined in any sum not less than five hundred nor exceeding five thousand dollars.

1703. SEC. 70. If any Judge, Justice of the Peace, Sheriff,

preventing

or other officer bound to preserve the public peace, shall have Officers not knowledge of an intention, on the part of any two persons, duel. to fight with a deadly weapon or weapons, and such officer shall not use and exert his official authority to arrest the parties and prevent the deed, every such officer shall be fined in a sum not exceeding one thousand dollars.

scrip.

1706. SEC. 71. The State Treasurer and Controller, the Purchasing several county, city, or town corporation officers of this state, warrants and are hereby expressly prohibited from purchasing or selling, or in any manner receiving to their own use or benefit, or to the use and benefit of any person or persons whatever, any state, county, or city warrants, scrip, orders, demands, claim or claims, or other evidences of indebtedness against the state, or any county, city, or town thereof; and any such officer, for each Punishment. and every offense so convicted of, shall be punished by fine not less than five hundred nor more than one thousand dollars, and shall be imprisoned in the state prison for a term not less than two months nor more than two years; such conviction shall operate as a forfeiture of office, and the party convicted shall forever be disqualified from holding any office of honor, profit, or trust in this state. Any person giving information which shall lead to the conviction of any person, under the provisions of this section, shall be entitled to receive one-half of the fine adjudged against and collected from such officer.

evidence of

1707. SEC. 72. The State Treasurer and Controller, all Purchasing county, city, or town corporation officers, are prohibited from indebtedness. purchasing or being interested, or receiving, or selling, or transferring, or causing to be purchased, received, sold, or transferred, either in person, or by agent, or attorney, or by or through the agency or means of any person or persons whatever, any interest, claim, demand, or other evidence of indebtedness against the state, county, city, or town corporation thereof, either directly or indirectly; nor shall any clerk or employe of any such officer or officers, nor the commissioners employed, or to be employed, to fund any county, city, or town corporation indebtedness, be allowed to make any such purchase, sale, or transfer, or to receive any agency from other parties to purchase, sell, transfer, or bargain, in any manner, for any state, county, city, or town corporation warrants, scrip, demands, or other evidence of indebtedness, against the state, or any county, city, or town corporation thereof. Any person guilty, and con- Punishment. victed of a violation of any of the provisions of this section, shall be punished for each and every offense so convicted of, as provided in the foregoing section.

for use of

1708. SEC. 73. All fines collected under the provisions of Fines to be said sections shall be for the use of the county, except as above county. provided.

foregoing

1709. SEC. 74. The provisions of said sections shall not be Provisions of construed so as to prohibit any state officer from purchasing or sections, how selling county or city warrants, or any county or city officer construed. from purchasing the warrants of the state, or of any other city

or county, or to prevent any state, county, or city, officer from

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