go before the officer and take oath, it being at the same time admitted that he sent the affidavit to the officer with the intention that he should certify to it, and with the intention that it should be used as valid."

§ 122. Incompetency of witness no defense. It is no defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition, or certificate of which falsehood is alleged. It is sufficient that he did give such testimony or make such deposition or certificate.

Legislation § 122. Enacted February 14, 1872; based on Field's Draft, § 154, N. Y. Pen. Code, § 98. The code commissioners cite Van Steenberg v. Kortz, 10 Johns. 167.

§ 123. Witness's knowledge of materiality of testimony not necessary. It is no defense to a prosecution for perjury that the accused did not know the materiality of the false statement made by him; or that it did not, in fact, affect the proceeding in or for which it was made. It is sufficient that it was material, and might have been used to affect such proceeding.

Legislation § 123. Enacted February 14, 1872; identical with Field's Draft, § 155, N. Y. Pen. Code, § 99.

§ 124. Deposition, when deemed to be complete. The making of a deposition, affidavit or certificate is deemed to be complete, within the provisions of this chapter, from the time when it is delivered by the accused to any other person, with the intent that it be uttered or published as true. [Amendment approved 1905; Stats. 1905, p. 648.]

Legislation § 124. 1. Enacted February 14, 1872; based on Field's Draft, § 156, N. Y. Pen. Code, § 100.

2. Amendment by Stats. 1901, p. 444; unconstitutional. See note, $5, ante.

3. Amended by Stats. 1905, p. 618, adding the word "affidavit"; the code commissioner saying, "The purpose is of the same character as that of the amendment to the preceding section."

§ 125. Statement of that which one does not know to be true. An unqualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be false.

Legislation § 125. Enacted February 14, 1872; identical with Field's Draft, § 157, N. Y. Pen. Code, § 101.

§ 126. Punishment of perjury. Perjury is punishable by imprisonment in the state prison not less than one nor more than fourteen years.

Legislation § 126.

Enacted February 14, 1872; based on Field's Draft, § 158, N. Y. Pen. Code, § 106; also based on Crimes and Punishment Act, Stats. 1850, p. 241, § 82, q. v., ante, Legislation § 118.

§ 127. Subornation of perjury. Every person who willfully procures another person to commit perjury is guilty of subornation of perjury, and is punishable in the same manner as he would be if personally guilty of the perjury so procured.

Legislation § 127. Enacted February 14, 1872; based on Field's Draft, §§ 162, 163, N. Y. Pen. Code, § 105; also based on Crimes and Punishment Act, Stats. 1850, p. 239, § 82, q. v., ante, Legislation § 118.

§ 128. Procuring the execution of innocent person. Every person who, by willful perjury or subornation of perjury, procures the conviction and execution of any innocent person, is punishable by death.

Legislation § 128. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 239, § 83, which read: "§ 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." The code commissioners say: "This section is founded on the 83d of the Crimes and Punishment Act [Crim Prac. Act], which declares that any person so procuring the conviction and execution of an innocent person 'shall be deemed guilty of murder.' The offense certainly does not fall within any known definition of murder, and is repugnant to the definition of murder given in our statutes. The commission have therefore deemed it advisable to omit the words quoted and to affix the punishment to the act itself."

§ 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, willfully 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.

Legislation § 129. 1. Addition by Stats. 1901, p. 444; unconstitutional. See note, § 5, ante.

2. Added by Stats. 1905, p. 649; the code commissioner saying, "The object of the section is similar to that of the proposed amendment to § 121. (See People v. Simpton, 133 Cal. 367.)"

§ 136.

Preventing or dissuading witness from attending.

$137. Bribing witnesses.

§ 138. Taking or offering to take bribes.

Code commissioner's note to Chapter VI. This "chapter 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 the act eited. The language adopted is that of the New York Penal Code, §§ 165 to 170, inclusive. They more clearly define the offenses and carry out what evidently was the spirit and intent of that 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.

Legislation § 132. Enacted February 14, 1872; based on Field's Draft, § 165, N. Y. Pen. Code, § 107.

§ 133. Deceiving a witness. Every person who practices 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.

Legislation § 133. Enacted February 14, 1872; based on Field's Draft, § 166, N. Y. Pen. Code, § 108.

§ 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.

Legislation § 134. Enacted February 14, 1872; based on Field's Draft, § 167, N. Y. Pen. Code, § 109.

§ 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, author

Pen. Code-5

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ized by law, willfully destroys or conceals the same, with. intent thereby to prevent it from being produced, is guilty of a misdemeanor.

Legislation § 135. Enacted February 14, 1872; based on Field's Draft, § 168, N. Y. Pen. Code, § 110.

§ 136. Preventing or dissuading witness from attending. Every person who willfully 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.

Legislation § 136. Enacted February 14, 1872; based on Field's Draft, § 169, N. Y. Pen. Code, § 111.

§ 137. Bribing witnesses. Every person who 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 who attempts by any other means fraudulently to induce any person to give false or withhold true testimony, is guilty of a felony. [Amendment approved 1874; Code Amdts. 1873-74, p. 425.]

Legislation § 137. 1. Enacted February 14, 1872 (based on Field's Draft, § 170, N. Y. Pen. Code, § 113), the finai words of the section then reading, "to induce any witness to give false or to withhold true testimony, is guilty of a misdemeanor."

2. Amended by Code Amdts. 1873-74, 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 his testimony shall be influenced thereby, or that he will absent himself from the trial or proceeding upon which his testimony is required, is guilty of a felony. [Amendment approved 1874; Code Amdts. 1873-74, p. 425.] Legislation § 138. 1. Enacted February 14, 1872.

2. Amended by Code Amdts. 1873-74, p. 425, substituting "felony" for "misdemeanor" at end of section.

CHAPTER VII.

Other Offenses Against Public Justice.

§ 142. Officer refusing to receive or arrest parties charged with crime. $143. Public administrator, neglect of duty or violation of duty by. 144. Receiving fee or compensation for services rendered in arresting fugitives from justice.

$145. Delaying to take person arrested before a magistrate. §146. Making arrests, etc., without lawful authority.

§ 147. Inhumanity to prisoners.

$148. Resisting public officers in the discharge of their duties. $149. Assaults, etc., by officers, under color of authority.

$150. Refusing to aid officers in arrest, etc.

151. Taking extrajudicial oaths. [Repealed.]

§152. Administering extrajudicial oaths. [Repealed.] $153. Compounding crimes.

§ 154. Debtor fraudulently concealing his property.

155. Defendant fraudulently concealing his property.

§ 156. Fraudulent pretenses relative to birth of infant.

$157. Substituting one child for another.

$158. Common barratry defined. How punished.

$159. What proof is required.

$159a. Advertising to procure divorce.

§ 160. Misconduct by attorneys.

§ 161. Buying demands or suit by an attorney..

§ 161a. Who may advertise.

§ 162. Attorneys forbidden to defend prosecutions carried on by their partners or formerly by themselves.

§ 163. Limitation of preceding section.

§ 164. Grand juror acting after challenge has been allowed. [Repealed.]

165. Bribing boards of supervisors, etc.

$166.

Criminal contempts.

§ 167. False certificates by public officers.

$168. Disclosing fact of indictment having been found.

$169. Grand juror disclosing what transpired before the grand jury. 170. Maliciously procuring search-warrant.

§171. Unauthorized communication with convict.

§171a. Taking opium, etc., into jails.

171b. Ex-convicts coming upon or near prison grounds.

§ 171e. Tramp, vagrant, etc., coming into prison or upon grounds belonging thereto.

3172. Sale of liquors near university, etc., prohibited. License deemed prima facie evidence.

§ 172a. Sale of liquors near university. 173. Importing foreign convicts.

174. Bringing Chinese into the state. 175. Separate and distinct prosecution. $176. Omission of duty by public officer. 177. Offenses, when misdemeanors.

178. Officers of corporations not to employ Chinese. 179. Corporations not to employ Chinese. [Repealed.]

[Repealed.]

$180. County treasurer shall not receive private moneys on deposit. § 180a. Bringing narcotics, intoxicating liquors, firearms, etc., into state prison. [Repealed.]

§181. Infringement of personal liberty or attempt to assume ownership of persons. Penalty.