841x. 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 for all 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 8 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. 633 of 1892.

841x. 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.

§ 41y. 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. [

S41z. 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, organization or association to which such candidate belongs. [ADDED BY CHAP. 155 OF 1895. In effect Sept. 1, 1895.]

841zz. 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. 48. 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 OF 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 Lans. 51; Greenleaf v. Low, 4 Denio, 168; Read v. Buffalo, 3 Keyes, 445; Wilcox 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.

844. 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 Ill. 58; 16 Am. Rep. 569.

$46. Attempting to prevent officers from performing duty.-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 or 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 him 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, I 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 comp troller, 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 per son 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 pros pective 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.

Code Cr. Proc., 836, 837; People, ex rel. Gardenier, v. Board, etc., 56 Hun, 20; 29 N. Y. State Rep'r, 457, rev'g 17 id. 987; 2 N. Y. Supp. 353.

§ 52. Offering reward for appointments, etc.—A person who gives or offers to give, any gratuity or reward, in consideration that himself or any other person shall be appointed to a public office, or to a clerkship, deputation, or other subordinate position, in such an office, or shall be permitted to exercise, perform, or discharge any prerogatives or duties, or to receive any emoluments, of such an office, is guilty of a misdemeanor.

Becker v. Ten Eyck, 6 Paige, 68; Tappen v. Brown, 9 Wend. 175; Mott v. Robins, 1 Hill, 21; Robinson v. Kalbfleisch, 5 Th. & C. 212; Gray v. Hook, 4 N. Y. 449; State v. Purdy, 36 Wis. 213; 17 Am. Rep. 485.

§ 53. Asking or receiving reward for appointments, etc.— A person who asks or receives, or agrees to receive, any gratuity or reward, or any promise thereof, for appointing another person, or procuring for another person an appointment, to a public office or to a clerkship, deputation, or other subordinate position in such an office, is guilty of a misdemeanor. If the person so offending is a public of ficer, a conviction also forfeits his office.

Gray v. Hook, 4 N. Y. 449; Tappan v. Brown, 9 Wend. 175.

§ 54. Selling right to official powers.— A public officer who, for any reward, consideration or gratuity, paid or agreed to be paid, directly or indirectly, grants to another the right or authority to discharge any functions of his office, or permits another to make appointments or perform any of its duties, is guilty of a misdemeanor, and a conviction for the same forfeits his office and disqualifies him forever from holding any office whatever under this state. See cases cited under § 52, ante.

55. Appointment avoided by conviction.-A grant, appoint ment, or deputation, made contrary to the provisions of either of the last two sections, is avoided and annulled by a conviction for the vio. lation of either of those sections, in respect to such grant, appointment, or deputation; but any official act done before conviction, is unaffected by the conviction.

§ 56. Intrusion into public office.-A person who willfully intrudes himself into a public office, to which he has not been duly elected or appointed, or who, having been an executive or adminis trative officer, willfully exercises any of the functions of his office, after his right to do so has ceased, is guilty of a misdemeanor. See1498 of Code of Civ. Pro.

57. Officer refusing to surrender to successor.-A person who, having been an executive or administrative officer, wrongfully refuses to surrender the official seal, or any books or papers appertaining to his office, upon the demand of his lawful successor, is guilty of a misdemeanor.

People, etc. v. Stevens, 5 Hill, 616; In re Bartlett, 9 How. Pr. 414; Cobee v. Davis, 8 id. 367; People, etc. v. Dikeman, 7 id. 124: Welch v. Cook, id. 173-282; Conover's case, 5 Abb. 73; Devlin's case, id. 281; Matter of Whiting, 2 Barb. 513; Matter of Baker, 11 How. 418; Matter of Davis, 19 id. 323.

§ 58. Administrative officers.-The various provisions of this chapter which relate to executive officers apply to administrative officers, in the same manner as if administrative and executive offi cers were both mentioned.

TITLE VII.

Of Crimes against the Legislative Power.

Sac. 59. Preventing the meeting or organization of either branch of the legisla ture.

60 Disturbing the legislature while in session.

61. Compelling adjournment.

62. Intimidating a member of the legislature.

63. Compelling either house to perform or omit any official act.

64. Altering draft of bill.

65. Altering engrossed copy.

66. Bribery of members of legislature.

67. Receiving bribes by members of legislature.

68. Witnesses refusing to attend before the legislature or legislative com mittees.

69. Refusing to testify.

70. Members of the legislature liable to forfeiture of office.

59. Preventing meeting or organization of legislature.—A person who willfully and by force or fraud prevents the legislature of this state, or either of the houses composing it, or any of the mem. bers thereof, from meeting or organizing, is punishable by imprisonment in a state prison not less than five years nor more than ten years, or by a fine of not less than five hundred dollars nor more than two thousand dollars, or by both.

§ 60. Disturbing legislature while in session.-A person who will. fully disturbs the legislature of this state, or either of the houses composing it, while in session, or who commits any disorderly conduct in the immediate view and presence of either house of the legislature, tending to interrupt its proceedings or impair the respect due to its authority, is guilty › a misdemeanor.

§ 61. Compelling adjournment.-A person who willfully and by force or fraud compels or attempts to compel the legislature of this state, or either of the houses composing it, to adjourn or disperse, is punishable by imprisonment in a state prison not less than five nor more than ten years, or by fine of not less than five hundred dollars, nor more than two thousand dollars, or by both.

§ 62. Intimidating a member of the legislature. A person who willfully, by intimidation or otherwise, prevents any member of the legislature of this state, from attending any session of the house of which he is a member, or of any committee thereof, or from giving his vote upon any question which may come before such house, or from performing any other official act, is guilty of a misdemeanor. See §§ 46, 127.

§ 63. Compelling either house to perform or omit any official act.- A person who willfully compels or attempts to compel either of the houses composing the legislature of this state to pass, amend, or reject any bill, or resolution, or to grant or refuse any petition, or to perform or omit to perform any other official act, is punishable by im. prisonment in a state prison not less than five nor more than ten years. or by a fine of not less than five hundred dollars nor more than twe thousand dollars, or by both.