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from the polls at such election or on account of such voter having voted or refrained from voting, or having voted or refrained from voting for any particular person, or having come to the polls or remained away from the polls at such election; or

2. Gives, offers or promises any office, place or employment, or promises to procure, or endeavor to procure any office, place or employment to or for any voter or to or for any other person, in order to induce such voter to vote or refrain from voting at such election for any particular person or persons; or

3. Makes any gift, loan, promise, offer, procurement or agreement, as aforesaid, to, for or with any person in order to induce such person to procure or endeavor to procure the election of any person, or the vote of any voter at any election; or

4. Procures or engages, or promises or endeavors to procure, in consequence of any such gift, loan, offer, promise, procurement or agreement, the election of any person or the vote of any voter at such election; or

5. Advances, pays, or causes to be paid, any money or other valuable thing to or for the use of any other person with the intent that the same, or any part thereof, shall be used in bribery at any election, or knowingly pays, or causes to be paid any money or other valuable thing to any person in discharge or repayment of any money wholly or partly expended in bribery at any election,

Is guilty of an infamous crime, punishment* by imprisonment for not less than three months, nor more than one year, and in addition, forfeits any office to which he may have been elected at the election with reference to which such offense was committed.

41q. Receiving considerations for franchise. - Any person who, directly or indirectly, by himself or through any other person: 1. Receives, agrees, or contracts for, before or during an election, any money, gift, loan, or other valuable consideration, office, place or employment for himself or any other person, for voting or agreeing to vote, or for coming or agreeing to come to the polls, or for remaining away or agreeing to remain away from the polls, or for refraining or agreeing to refrain from voting, or for voting or agreeing to vote, or for refraining or agreeing to refrain from voting for any particular person or persons at any election; or

2. Receives any money or other valuable thing during or after an election on account of himself or any other person having voted or refrained from voting at such election, or on account of himself or any other person having voted or refrained from voting for any particular person at such election, or on account of himself or any other person having come to the polls or remained away from the polls at such election, or on account of having induced any other person to vote or refrain from voting for any particular person or persons at such election,

Is guilty of an infamous crime, punishable by imprisonment for not less than three months nor more than one year, and in addition shall be excluded from the right of suffrage for five years after such conviction; and the clerk of the county in which such person is convicted shall transmit a certified copy of the record of conviction to the

* So in original.

clerk of each county of the state, within ten days thereafter, which copy shall be filed in his office by each of such clerks.

§ 41r. Testimony upon prosecution.-A person offending against any provision of section forty-one-q or of section forty-one-r of this Code isa competent witness against another person so offending, and may be compelled to attend and testify upon 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 so testifying. A person so 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.

41s. 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. R. S. 437, L. 1864, ch. 253, § 13.

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 any particular person or persons at any election, or on account of such person having voted or refrained from voting at any election; 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 giv. ing his vote for any particular person at any election; or,

3. Being an employer, pays his employes the salary or wages due, inclosed 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, put or otherwise exhibits in the establishment or place where his employes are engaged in labor, any handbill 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, in addition, forfeit its charter.

1

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 contribution to, or requests its payment of, any such officer or employe, Is guilty of a misdemeanor.

R. S. 459, L. 1883, ch. 422, §§ 1, 2, 4.
R. S. 450, L. 1883, ch. 354, §§ 11, 12.

L. 1884, ch. 357.

§ 41v. Corrupt use of position or authority.—Any person who, 1. While holding a public office, or being nominated or seeking a nomination or appointment therefor, corruptly uses or promises to use, directly or indirectly, any official authority or influence possessed or anticipated, in the way of conferring upon any person, or in order to secure, or aid any person in securing, any office or public employment, or any nomination, confirmation, promotion or increase of salary, upon consideration that the vote or political influence or action of the person so to be benefited or of any other person, shall be given or used in behalf of any candidate, officer or party or upon any other corrupt condition or consideration; or

2. Being a public officer or employe of the state or a political subdivision having, or claiming to have, any authority or influence affecting the nomination, public employment, confirmation, promotion, removal, or increase or decrease of salary of any public officer or employe, or promises or threatens to use, any such authority or influence, directly or indirectly to affect the vote or political action of any such public officer or employe, or on account of the vote or political action of such officer or employe; or

3. Makes, tenders or offers to procure, or cause any nomination or appointment for any public office or place, or accepts or requests any

such nomination or appointment, upon the payment or contribution of any valuable consideration, or upon an understanding or promise thereof, or

4. Makes any gift, promise or contribution to any person, upon the condition or consideration of receiving an appointment or election to a public office or a position of public employment, or for receiving or retaining any such office or position, or promotion, privilege, increase of salary or compensation therein or exemption from removal or discharge therefrom, is punishable by imprisonment for not more than two years or by a fine of not more than three thousand dollars or both. R. S. 551, L. 1883, ch. 354, § 14.

Id 459-60, L. 1883, ch. 422, §§ 3, 7, 8.

41w. 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 in 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 ocCandidates 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.

curs.

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.

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.

SEC. 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; and in addition to the punishment prescribed therefor, he forfeits his right to the office.

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 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.

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

§ 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 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.

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