Rights of persons law fully interfering in elections declared. Submission of questions ple. S93. But nothing in this chapter shall be construed to authorize the punishment of any persons who, by authority of law, may interfere to prevent or regulate an election which has been unlawfully noticed or convened, or is being, or is about to be, unlawfully conducted. $94. Every act which by the provisions of this to the peo- chapter is made criminal when committed with reference to the election of a candidate, is equally criminal when committed with reference to the determination of a question submitted to electors to be decided by votes cast at an election. Good faith in offering to vote, a defense for alleged illegal voting. S95. Upon any prosecution for procuring, offering or casting an illegal vote, the accused may give in evidence any facts tending to show that he honestly believed upon good reason that the vote complained of was a lawful one; and the jury may take such facts into consideration in determining whether the acts complained of, were knowingly done or not. This section is intended to enable juries, upon proper proof, to relax in this class of cases, the strict rule that ignorance of the law is no excuse. It has been held that while an elector who votes in ignorance of facts which disqualify him, is not liable to punishment, one who votes with a knowledge of such facts is not excused though he voted in an honest belief that he was entitled to do so. (McGuire v. State, 7 Humph., 54; State v. Boyett, 10 Ired., 336.) Whether upon given facts a right to vote exists, is frequently a legal question of such difficulty that one claiming it in good faith, though erroneously, ought to be exempt from punishment. See Commonwealth v. Aglar, Thatcher's Crim. Cas., 412; Same v. Wallace, Id., 592; Same v. Bradford, 9 Metc., 268; in support of the rule embodied in the text. TITLE VI. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER SECTION 96. Acting in a public office without having qualified. 97. Acts of officer de facto, not affected. 98. Giving or offering bribes. 99. Asking or receiving bribes. 100. Attempting to prevent officers from performing duty. 102. Taking excessive fees. 103. Taking reward for omitting or delaying official acts. 104. Taking fees for services not rendered. 105. Taking unlawful reward for services in extradition of fugi tives. 106. Buying appointments to office 107. Selling appointments to office. 108. Taking rewards for deputation. 109. Unlawful grant or deputation void, except as to official acts 110. Exercising functions of office, after successor has qualified. demand. 112. Administrative officers. public office having S96. Every person who executes any of the func- Acting in a tions of a public office without having taken and without duly filed the required oath of office, or without qualified. having executed and duly filed the required security, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor, he forfeits his right to the office. Corresponds with Rep. Pol. Code, § 222. $97. The last section shall not be construed to affect the validity of acts done by a person exercising the functions of a public office in fact, where other persons than himself are interested in maintaining the validity of such acts. S98. Every person who gives or offers any bribe to any executive officer of this State with intent to influence him in respect to any act, decision, vote, opinion, Acts of officer de facto, not affected. Giving or bribes. offering Asking or receiving bribes. Attempting to prevent officers from performing duty. Resisting officers. Taking excessive fees. Taking reward for delaying or other proceeding as such officer, is punishable by imprisonment in a state prison not exceeding ten years, or by fine not exceeding five thousand dollars, or both. 2 Rev. Stat., 682, § 9; Laws of 1853, ch. 539, § 1. S 99. Every executive officer or person elected or appointed to an executive office who asks, receives or agrees to receive any bribe upon any agreement or understanding that his vote, opinion or action upon any matter then pending or which may by law be brought before him in his official capacity, shall be influenced thereby, is punishable by imprisonment in a state prison not exceeding ten years, or by a fine not exceeding five thousand dollars, or both; and in addition thereto forfeits his office and is forever disqualified from holding any public office under this State. Substantially the provisions of 2 Rev. Stat., 683, § 10, as amended; Laws of 1853, ch. 539, § 1; but extended to embrace asking a bribe. S100. Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, is guilty of a misdemeanor. S 101. Every person who knowingly resists, by the use of force or violence, any executive officer, in the performance of his duty, is guilty of a misdemeanor. S 102. Every executive officer who asks or receives any emolument, gratuity or reward, or any promise of any emolument, gratuity or reward, excepting such as may be authorized by law, for doing any official act, is guilty of a misdemeanor. See 2 Rev. Stat., 650, § 5. S 103. Every executive officer who asks or receives omitting or any emolument, gratuity or reward, or any promise official acts. of any emolument, gratuity or reward, for omitting or deferring the performance of any official duty, is guilty of a misdemeanor. for services dered. S104. Every executive officer who asks or receives Taking fees any fee or compensation for any official service which not renhas not been actually rendered, except in cases of charges for prospective costs, or of fees demandable in advance in the cases allowed by law, is guilty of a misdemeanor. $105. Every officer of this State who asks or receives any compensation, fee or reward of any kind for any service rendered or expense incurred in procuring from the Governor of this State a demand upon the executive authority of a state or territory of the United States, or of a foreign government, for the surrender of a fugitive from justice; or of any service rendered or expense incurred in procuring the surrender of such fugitive, or of conveying him to this State or for detaining him therein, except upon an employment by the Governor of this State, and upon an account duly audited and paid out of the State treasury, is guilty of a misdemeanor. This section is suggested to supersede the provisions of Rep. Code Cr. Pro., §§ 907, 908. S106. Every person who gives or agrees, or offers to give any gratuity or reward in consideration that himself or any other person shall be appointed to any public office, or shall be permitted to, or to exercise, perform or discharge the prerogatives or duties of any office, is punishable by imprisonment in the county jail not less than six months nor more than two years, or by a fine of not less than two hundred dollars or more than one thousand dollars, or both. 2 Rev. Stat., 696, § 32, as amended, Laws of 1863, ch. 51, § 1. S107. Every person who, directly or indirectly, asks or receives or promises to receive any gratuity or reward or any promise of a gratuity or reward, for appointing another person or procuring for another person an appointment to any public office or any Taking reward for unlawful services in extradition of fugitives. Buying apto office. pointments Selling apto office. pointments Taking rewards for clerkship, deputation or other subordinate position in any public office, is punishable by imprisonment in the county jail not less than six months nor more than two years, or by a fine of not less than two hundred dollars nor more than one thousand dollars, or both. 2 Rev. Stat., 696, § 35, as amended, Laws of 1863, ch. 61, 1. S 108. Every public officer who, for any gratuity deputation. or reward, appoints another person to a public office, or permits another person to exercise, perform or discharge any of the prerogatives or duties of his office. is punishable by imprisonment in the county jail not less than six months nor more than two years, and by a fine of not less than two hundred dollars or more than one thousand dollars; and in addition thereto he forfeits his office. Unlawful grant or void, except acts done 51. 2 Rev. Stat., 696, § 35, as amended, Laws of 1863, ch. S109. Every grant or deputation made contrary to deputation the provisions of the two preceding sections is void; as to official but official acts done before a conviction for any offense prohibited by those sections, shall not be deemed invalid, in consequence of the invalidity of such grant or deputation. before conviction. Exercising functions of successor has quali fied. Founded on 2 Rev. Stat., 696, § 37. S 110. Every person who, having been an executive office, after officer, willfully exercises any of the functions of his office after his term of office has expired and a successor has been duly elected or appointed, and has qualified, in his place, and he has notice thereof, is guilty of a misdemeanor. Refusal to surrender S111. Every person who, having been an executive books, &c., officer of this State, wrongfully refuses to surrender the official seal or any of the books and papers appertaining to his office, to his successor who has been duly elected or appointed, and has duly qualified, and of office to surrender upon demand. |