ted to voters at such election, is guilty of a felony, punishable by imprison ment for not less than one year, and in addition shall be excluded from the right of suffrage for five years after such conviction, and the county clerk of the county in which such person is convicted shall transmit a certified copy of the record of conviction to the clerk of each county of the state, within ten days thereafter, which copy shall be filed in his office by each of said clerks.

Formerly $41q; changed to $41p and am'd by ch. 371 of 1901.
Former § 41q now § 41p was am'd by ch. 693 of 1892 and ch. 714 of 1894.

§41q. Testimony upon prosecution. A person offending against any section of this title is a competent witness against another person so offending and may be compelled to attend and testify on any trial, hearing or proceeding or investigation in the same manner as any other person. The testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person testifying. Any such person testifying shall not thereafter be liable to indictment, prosecution or punishment for the offense with reference to which his testimony was given, and may plead or prove the giving of testimony accordingly, in bar of such an indictment or prosecution.

Formerly § 41r; changed to $41q and am'd by ch. 371 of 1901.
Former § 41r now § 41q was am'd by ch. 693 of 1892 and ch. 692 of 1893.

§ 41r. Bribery or intimidation of elector in military service of United States. Any person who, directly or indirectly, by bribery, menace or other corrupt means, controls or attempts to control an elector of this state enlisted in the military service of the United States, in the exercise of his rights under the election law, or annoys, injures or punishes him for the manner in which he exercises such right, is guilty of a misdemeanor, for which he may be tried at any future time when he may be found within this state; and upon conviction thereof shall thereafter be ineligible to any office therein.

$ 41s changed to $41r by ch. 371 of 1901. Former § 41s now 41r was am'd. by ch. 693 of 1892.

§ 41t. Duress and intimidation of voters. - Any person or corporation who directly or indirectly:

1. Uses or threatens to use any force, violence or restraint, or inflicts or threatens to inflict any injury, damage, harm or loss, or in any other manner practices intimidation upon or against any person in order to induce or compel such person to vote or refrain from voting at any election or to vote or refrain from voting for or against any particular person or persons, or for or against any proposition submitted to voters at such election, or to place or cause to be placed or refrain from placing or causing to be placed, his name upon a registry of voters, or an account of such person having voted or refrained from voting at such election, or having voted or refrained from voting for or against any particular person or persons, or for or against any proposition submitted to voters at such election, or having registered or refrained from registering as a voter; or, 2 By abduction, duress or any forcible or fraudulent device or contrivance whatever impedes, prevents or otherwise interferes with the free exercise of the elective franchise by any voter, or compels, induces or prevails upon any voter to give or refrain from giving his vote for or against any particular person at any election; or,

3. Being an employer pays his employes the salary or wages due in "pay envelopes," upon which there is written or printed any political motto, device or argument containing threats, express or implied, intended or calculated to influence the political opinions or actions of such employes, or within ninety days of a general election puts or otherwise exhibits in the establishment or place where his employes are engaged in labor, any hand bill or placard containing any threat, notice or information that if any particular ticket or candidate is elected or defeated, work in his place or establishment will cease, in whole or in part, his establishment be closed up, or the wages of his employes reduced, or other threats, express or implied, intended or calculated to influence the political opinions or actions of his employes, is guilty of a misdemeanor, and if a corporation shall in addition forfeit its charter.

§ 41t changed to § 41s by ch. 371 of 1901.

Former § 41t now § 41s am'd by ch. 693 of 1892 and ch. 714 of 1894.

§ 41t. Political assessments.-Any two or more persons who conspire to promote or prevent the election of any person or persons to a public office by the use of any means which are prohibited by law, shall be punishable by imprisonment for not less than six months nor more than one year; provided, any act besides such agreement be done to effect the object thereof by one or more of the parties to such conspiracy.

This section was formerly section 41u and was added by ch. 714 of 1894, and made § 41t by ch. 371 of 1901.

§ 41u. Political assessments. -Any person who,

1. Being an officer or employe of the state, or of a political supdivision thereof, directly or indirectly uses his authority or official influence to compel or induce any other officer or employe of the state or a political subdivision thereof, to pay or promise to pay any political assessments; or

2. Being an officer or employe of the state, or of a political subdivision thereof, directly or indirectly, gives, pays or hands over to any other such officer or employe any money or other valuable thing on account of or to be applied to the promotion of his election, appointment or retention in office, or makes any promise, or gives any subscription to such officer or employe to pay or contribute any money or other valuable thing for any such purpose or object; or

3. Being such an officer or employe and having charge or control of any building, office or room occupied for any purpose of the state or of a political subdivision thereof, consents that any person enter the same for the purpose of making, collecting, receiving or giving notice of any political assessment; or

4. Enters or remains in any such office, building or room, or sends or directs any letter or other writing thereto, for the purpose of giving notice of demanding or collecting, or being therein, gives notice of, demands, collects or receives, any political assessment;

5. Prepares or makes out, or takes any part in preparing or making out, any political assessment, subscription or contribution, with the intent that the same shall be sent or presented to or collected of any such officer or employe; or

6. Sends or presents any political assessment, subscription, or con. tribution to, or requests its payment of, any such officer or employe, Is guilty of a misdemeanor.

This was once § 4lu; was made § 4Iv by ch. 714 of 1894, and changed back to § 4lu by ch. 371 of 1901.

§ 41x. Failure to file candidate's statement of expenses.-Every candidate who is voted for at any public election held within this state, shall, within ten days after such election, file as hereinafter provided an itemized statement showing in detail all the moneys contributed or expended by him, directly or indirectly, by himself or through any other person, in aid of his election. Such statement shall give the names of the various persons who received such moneys, the specific nature of each item, and the purpose for which it was expended or contributed. There shall be attached to such statement an affidavit subscribed and sworn to by such candidate, setting forth in substance that the statement thus made is in all respects true, and that the same is a full and detailed statement of all moneys so contributed or expended by him, directly or indirectly, by himself or through any other person, in aid of his election. Candidates for offices to be filled by the electors of the entire state, or any division or district thereof greater than a county, shall file their statements in the office of secretary of state. The candidates for town, village and city offices, excepting the city of New York, shall file their statements in the office of the town, village or city clerk, respectively, and in cities wherein there is no city clerk, with the clerk of the common council of the city wherein the election occurs. Candidates forall other offices, including all officers in the city and county of New York, shall file their statements in the office of the clerk of the county wherein the election occurs. Any candidate for office who refuses or neglects to file a statement as prescribed in this section shall be guilty of a misdemeanor, and shall also forfeit his office.

This was formerly § 41w and was made $ 41x by ch. 714 of 1894 and changed again to $ 41w by ch. 371 of 1901. Before this section was changed from § 41x to § 41w by ch. 371 of 1901 there were two § 41x and ch. 371 of 1901 does not specify which was made 41w. Am'd by ch. 693 of 1892.

§ 41x. Procuring fraudulent certificates in order to vote.-Any person who knowingly and willfully procures from any court, judge, clerk or other officer, a certificate of naturalization, which has been allowed, issued, signed or sealed in violation of the laws of the United States or of this state, with intent to enable himself or any other person to vote at any election when he or such person is not entitled by the laws of the United States to become a citizen or to exercise the elective franchise, is guilty of a felony.

See note to $41x that before the passage of ch. 371 of 1901 there were two § 41x, but that said ch. 371 of 1901 does not specify which was made § 41w.

§ 4ly. Presenting fraudulent certificates to registry boards to procure registration. - A person who knowingly and willfully presents to any board of officers, for the purpose of having himself or any other person placed upon any list or registry of voters, or to any board of officers for the purpose of enabling himself or any other person to vote at any election, any certificate of naturalization which has been allowed or issued by or procured from any judicial officer, clerk of a court, or other ministerial officer of a court, by any false statement, oath or representation, or in violation of the laws of the United States or of this state, with intent to enable any person to vote at any election, when such person is not entitled by the laws of the United States to become a citizen, or of this State, to exercise the elective franchise, is guilty of a felony. [ADDED BY CH. 692 of 1893.1

§ 41z. Any person who solicits from a candidate for an elective office money or other property, or who seeks to induce such candidate who has been placed in nomination to purchase any ticket, card or other evidence of admission to any ball, picnic, fair or entertainment of any kind, is guilty of a misdemeanor; but this section shall not apply to a request for a contribution of money by an authorized representative of the political party, party, organization or association to which such candidate belongs. [ADDED BY CHAP. 155 OF 1895. In effect Sept. 1, 1895.]

§ 41zz. Punishment; first offense; second offense. Any person convicted of a misdemeanor under this title shall for a first offense be punished by imprisonment for not less than six months nor more than one year and by a fine of not less than one hundred dollars nor more than five hundred dollars. Any person convicted of a misdemeanor under this title for a second or subsequent offense shall be deemed guilty of a felony. [ADDED BY CH. 371 OF 1901.]

TITLE VI.

Of crimes by and against the Executive Power of the State.

SEC. 42. Acting in a public office without having qualified.

43. Acts of officer de facto, not affected.

44. Giving or offering bribes.

45. Asking or receiving bribes.

46. Attempting to prevent officers from performing duty.

47. Resisting officers.

48. Taking unlawful fees.

48a. Comptroller not to be interested in tax sales.

48b. Prison officers not to be interested in prison contracts.

48c. Appraiser taking fee or reward

49. Asking or taking reward for omitting or delaying official acts.
50. Taking fees for services not rendered.

51. Taking unlawful reward for services in extradition of fugitives.
52. Corrupt bargain for appointments, etc.

53. Same.

54. Selling right to official powers.

55. Such appointment avoided by conviction.

56. Intrusion into public office

57. Officer refusing to surrender to successor.

58. Administrative officers.

§ 42. Acting in a public office without having qualified. A person who executes any of the functions of a public office without having taken and duly filed the required oath of office, or without having executed and duly filed the required security, is guilty of a misdemeanor, as prescribed by law. [AM'D BY CH. 692 от 1893.]

Foot v. Stiles et al., 57 N. Y. 399; Weeks v. Ellis, 2 Barb. 321; People v. Stevens, 5 Hill, 617; McKinstry v. Tanner, 9 Johns. 135; People v. Collins, 7 id. 549.

§ 43. Acts of officer de facto, valid. -The last section must not be con strued 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.

Who a de facto officer. People, ex rel. Sinkler v. Terry, 108 N. Y. 1; Hamlin v. Dingman, 5 5 Lans. 51; Greenleaf v. Low, 4 Denio, 168; Read v. Buffalo, 3 Keyes, 445; Wileox v. Smith, 5 Wend. 231; Conover v. Devlin, 15 How. 470; People v. Albertson, 8 id. 363; Rochester & G. V. R. Co. v. Clark Nat. Bk., 60 Barb. 234; People v. Peabody, 6 Abb. 228. Acts valid as to public. Foot v. Stiles, 57 N. Y. 399; Weeks v. Ellis, 2 Barb. 321; People v. Stevens, 5 Hill, 617; McKinstry v. Tanner, 9 Johns. 135; People v. Collins, 7 id. 549; People v. Cook, 14 Barb. 324.

§ 44. Giving or offering bribes to public officers. A person who gives or offers a bribe to any executive officer of this state with intent to influence him in respect to any act, decision, vote, opinion, 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 by both.

State v. Ellis, 4 Vroom, 102; People v. Sharp, 107 N. Y. 427, 439.

§ 45. Asking or receiving bribes. - An executive officer, or person elected or appointed to an executive office, who asks, receives or agrees to receive any bribe, upon an 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 by both; and in addition thereto forfeits his office and is forever disqualified from holding any public office under this state.

People v. Markham, 64 Cal. 147; 49 Am. Rep. 700; Walsh v. People, 65 111. 58; 16 Am. Rep. 569.

§ 46. Attempting to prevent officers from performing dutv.-A 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.

See $$ 61, 62, 63, 127, post.

People v. Palmer, 43 Hun, 397; 5 N. Y. Cr. 101; People v. Hall, 31 Hun, 404; 2 N. Y. Cr. 134; Smith v. Botens, 36 N. Y. State Rep'r, 54.

§ 47. Resisting officers. A 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.

See § 124, post.

§ 48. Taking unlawful fees. -A public officer or a deputy, clerk, assistant or other subordinate of a public officer, or any person appointed of employed by or in the office of a public officer, who shall, in any manner act for or in behalf of any such officer, who asks or receives, or consents or agrees to receive, any emolument, gratuity or reward, or any promise of emolument, gratuity or reward, or any money, property or thing of value or of personal advantage, except such as may be authorized by law for doing or omitting to do any official act, or for performing or omitting to perform, or for having performed or omitted to perform any act whatsoever directly or indirectly related to any matter in respect to which any duty or discretion is by or in pursuance of law imposed upon or vested in him, or may be exercised by aim by virtue of his office, or appointment or eniployment or his actual relation to the matter, shall be guilty of a felony, punishable by imprisonment for not more than ten years or by a fine of not more than four thousand dollars, or both. [AMD. CH. 336, Laws 1890. In effect Sept. 1, 1890.]

Suprs., etc. v. Briggs, 2 Den. 41; Parker v. Newman, 1 Hill, 87; People v. Whaley, 6 Cow. 661; Stevens v. Adams, 23 Wend. 57; Adams v. Stevens, 26 id. 451; Amer. Ex. F. Ins. Co. v. Britton et al., 8 Bosw. 148; Lynch v. Meyers, 3 Daly, 256; Crofut v. Brandt, 13 Abb. Pr. (N. S.) 128; Lane v. State, 2 E. R 805.

§48a. Comptroller not to be interested in tax sales. The comptroller, or any person employed in his office, who shall be directly or indirectly interested in any tax sale made by such comptroller, or in the title acquired by such sale, or in any money paid or to be paid for the redemption of any lands sold for taxes or on the cancellation of any tax sale; or any person who shall pay or give to the state comptroller, or to any employe in his office, any compensation, reward or promise thereof for any service or services performed or to be performed in regard to such sale, redemption, cancellation or such tax title, is guilty of a misdemeanor. A sale in violation of this section is void. [ADDED BY CH. 692 of 1893.]

$48b. Prison officers not to be interested in prison contracts.A superintendent of state prisons, or agent, warden or other officer, keeper or guard, employed at either of the prisons, who

1. Shall be directly or indirectly interested in any contract, purchase or sale, for, by, or on account of such prison; or

2. Accepts a present from a contractor or contractor's agent, directly or Indirectly, or employs the labor of a convict or another person employed in such prison on any work for the private benefit of such superintendent, officer, keeper or guard, is guilty of a misdemeanor, except that the agent and warden shall be entitled to employ prisoners for necessary household service. [ADDED BY CH. 692 of 1893.]

§ 48c. Appraiser taking fee or reward.-An appraiser appointed by virtue of the taxable transfers law, who takes any fee or reward from an executor, administrator, trustee, legatee, next of kin, or heir of any decedent, or from any other person liable to pay such tax, or any portion thereof, is guilty of a misdemeanor. [ADDED BY CH. 692 of 1893.]

§ 49. Asking or receiving reward for omitting or delaying offi. cial acts. An executive officer who asks or receives any emolument, gratuity or reward, or any promise of any emolument, gratuity or reward, for omitting or deferring the performance of any official duty, is guilty of a misdemeanor.

§ 50. Taking fees for services not rendered. An executive officer who asks or receives any fee or compensation for any official service which has 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.

People v. Whaley, 6 Cow. 661; Wendell v. Lewis, 8 Pal. 613; Lynch v. Meyers, 3 Daly, 256; Crofut v. Brandt, 13 Abb. Pr. (N. S.) 128; Parker v. Newland, 1 Hill, 87.

§ 51. Taking unlawful reward in extradition cases. An officer of this state who asks or receives any fee or compensation 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 for 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 is guilty of a misdemeanor.