4. Indictments against persons for committing perjury before any court or tribunal drawn substantially as hereinafter provided, shall be deemed sufficient in law, viz.:

STATE OF MAINE.

[Name of county], ss. At the court begun and holden at —, in and for said county of, on the Tuesday of- —, in the year of our Lord one thousand eight hundred and

The jurors for said State, upon their oath present, that A. B., of, in the county of -, [addition] at —, in the county of —, on the day of, in the year of our Lord one thousand eight hundred and —, appeared as a witness in a proceeding in which C. D. and E. F. were parties, then and there being heard before a tribunal of competent jurisdiction, and committed the crime of perjury, by testifying as follows: [here set out the matter sworn to and alleged to be false), which said testimony was material to the issue then and there pending in said proceeding, against the peace of said State and contrary to the form of the statute in such case made and provided. Foreman.

--, County Attorney.9

(ee) This statute is constitutional.9a

5. All indictments against persons for committing perjury in swearing or affirming to any material matter in any complaint or other writing in relation to which an oath or affirmation is authorized by law, shall be deemed sufficient in law, when drawn substantially as follows:

STATE OF MAINE.

[Name of county], ss. At the court begun and holden at in and for said county of -, on the day of in the year of

our Lord one thousand eight hundred and -.

The jurors for said State, upon their oath present, that A. B., ofon the day of, [addition] at -, in the county of -, on the day of -, in the year of our Lord one thousand eight hundred and, before G. H., esquire, then and there having competent authority to administer oaths, committed the crime of perjury, by falsely swearing (or affirming) to material matter in a writing signed by the said A. B., and dated the day of -, A. D. 18-, against the peace of said State and contrary to the form of the statute in such case made and provided.

Foreman.

---, County Attorney.19

BRIBERY AND CORRUPTION IN OFFICERS OF THE LAW AND OTHERS.

6. Whoever gives, offers, or promises to an executive, legislative, or judicial officer, before or after he is qualified or takes his seat, any valuable consideration or gratu

R. S. c. 122, § 4.-9a State v. Corson, 59 Mc. 137.— R. S. c. 122, § 5.

ity whatever, or to do any act beneficial to such officer, with intent to influence his action, vote, opinion, or judgment, in any matter pending, or that may come legally before him in his official capacity, shall be punished by imprisonment not more than five years, or by fine not exceeding three thousand dollars; and whoever accepts such bribe or beneficial thing, in the manner and for the purpose aforesaid, shall forfeit his office, be forever disqualified to hold any public office, trust, or appointment under this State, and be punished by imprisonment not more than ten years, or by fine not exceeding five thousand dollars.11

7. Whoever directly or indirectly gives, offers, or promises any valuable consideration or gratuity to any person not included in section six, with intent to induce him to procure for him by his interest, influence, or any other means, any place of trust in this State; and whoever, not included as aforesaid, accepts the same in the manner and for the purpose aforesaid, shall be forever disqualified to hold any place of trust in this State, and punished by fine not exceeding three hundred dollars, and imprisonment less than one year.12

8. Whoever corruptly gives, offers, or promises any valuable consideration or gratuity to any person summoned, appointed, chosen, or sworn, as a juror, arbitrator, umpire, or referee, auditor, master in chancery, or appraiser of real or personal estate, with intent to influence his opinion or decision in any matter pending, or that may come legally before him for decision or action; and whoever corruptly or knowingly receives the same, in the manner and for the purpose aforesaid, shall be punished by imprisonment not more than five years, or by fine not exceeding one thousand dollars.13

9. Whoever, offending in the manner described in the three preceding sections, gives information, under oath, against the other party so offending, and duly prosecutes him, shall be exempt from the disqualifications and punishments therein provided.11

10. Whoever attempts improperly to influence any juror, or one drawn, appointed, or sworn as such, or any

11 R. S. c. 122, § 6.-12 R. S. c. 122, § 7.—13 R. S. c. 122, § 8.-14 R. S. c. 122, § 9.

arbitrator, or referee, in relation to any matter pending, or that may come legally before him for action or decis ion; and whoever, drawn, summoned, or sworn, as a juror, promises or agrees to give a verdict for or against any person in any case, or receives any paper, information, or evidence relating to any matter, for the trial of which he is sworn, without the authority of the court or officer before whom such matter is pending, and without immediately. disclosing it to such court or officer, shall be punished by a fine not exceeding two hundred dollars, and imprisonment not more than three months.1

15

11. If any sheriff, deputy-sheriff, coroner, or constable, receives from any person any money, or other valuable thing, as an inducement for omitting or delaying to sell any property on execution, to arrest any defendant and carry him before a magistrate or to prison, or to perform any other official duty, he shall be punished by a fine not exceeding three hundred dollars, and imprisonment not more than three months.16

12. If any person loans, advances, or promises to loan. or advance, any money; gives or promises to give day of payment on any demand left with him for collection; gives or promises any valuable consideration; becomes liable in any manner for the payment of anything; becomes surety for another for such payment, or requests, advises, or procures another person to become responsible or surety as aforesaid, with intent thereby to procure any account, note, or other demand for the profit arising from its collection by a suit at law, he shall be punished by a fine not exceeding five hundred, nor less than twenty dollars; or such penalty may be recovered by an action of debt, one-half to the use of the person suing therefor in his own name, and the other to the State.17

ESCAPES BY THE MISCONDUCT OF OFFICERS AND OTHERS.

13. If any officer, authorized to serve process, willfully and corruptly refuses to execute any lawful process to him directed, requiring him to arrest or confine any person charged with or convicted of any offense; or thus omits or delays to execute it, whereby the offender escapes, he

15 R. S. c. 122, § 10.-16 R. S. c. 122, § 11.-17 R. S. c. 122, § 12.

shall be punished by imprisonment less than one year, and by fine not exceeding five hundred dollars."

18

14. If any jailer or other officer voluntarily suffers any prisoner in his custody to escape, he shall be punished, if such prisoner was convicted of a capital felony, by a fine not exceeding one thousand dollars, and by imprisonment for life; if charged with such felony, by imprisonment not less than five, nor more than fifteen years; if charged or convicted of any other offense, by the same penalties and punishments that such prisoner would have suffered or been liable to suffer if he had not escaped.19

15. If any jailer or other officer, through negligence, suffers any prisoner in his custody for a criminal offense to escape, or willfully refuses to receive into his custody any prisoner committed to him on any lawful process, he shall be punished by imprisonment in the county jail not more than two years, and by fine not exceeding five hundred dollars.20

16. Whoever forcibly rescues any prisoner lawfully detained for any criminal offense; conveys into any jail or other place of confinement any disguise, arms, instruments, or other things adapted and intended to aid, or in any way aids him to escape, though such escape is not effected or attempted; or whoever secretes, or with a design to aid the prisoner in his escape, or with such design, in any way assists such prisoner that has escaped, or is at large, shall be punished, if such prisoner was in custody for any felony, by imprisonment not less than one, nor more than seven years; and if for any other offense, by imprisonment less than one year, and by fine not exceeding five hundred dollars.21

COMPOUNDING FELONIES.

17. Whoever, having knowledge of the commission of any offense, takes any valuable consideration, gratuity, or promise therefor, with an agreement or understanding, express or implied, to compound, conceal, not prosecute, or not give evidence of such offense, shall be punished, if such offense is punishable with death, or imprisonment

18 R. S. c. 122, § 13.—19 R. S. c. 122, § 14.-20 R. S. c. 122, § 15.-21 R. S. c. 122,

for life, or an unlimited term of years, by an imprisonment not more than five years, or by fine not exceeding five hundred dollars; but if the offense is punishable by imprisonment in the State prison for a limited term of years, he shall be punished by imprisonment less than one year, and by fine not exceeding five hundred dollars.22

REFUSING TO AID OFFICERS AND OBEY MAGISTRATES.

18. Whoever, when required in the name of the State, by any sheriff, deputy-sheriff, coroner, or constable, neglects or refuses to aid him in the execution of his office in any criminal case, in the preservation of the peace, in arresting and securing any person for a breach of the peace, or engaged in the escape or rescue of persons arrested on civil process, shall be punished by imprisonment not more than thirty days, or by fine not exceeding fifty dollars.23

19. If any person neglects or refuses to obey any justice of the peace, when, in view of a breach of the peace, or other offense proper for his cognizance, he requires such person to arrest and bring the offender before him, he shall be punished as in section sixteen [eighteen]; and if the justice made known or declared his office to such person, he shall not plead ignorance thereof.24

FALSELY ASSUMING TO BE A JUSTICE OR OFFICER.

20. Whoever falsely assumes to be a justice of the peace, sheriff, deputy-sheriff, coroner, or constable, and to act as such, or to require any one to aid him in any matter pertaining to the duty of such office, shall be punished by imprisonment less than one year or by fine not exceeding four hundred dollars.25

(f) Where the plaintiff in an action served his own writ by leaving a summons with the defendant, and made a return of the same, with an attachment of property thereon, in the name of J. D., a deputy-sheriff, this was held not to be "presuming himself to be a deputy-sheriff," nor acting as such, and therefore not indictable.26

22 R. S. c. 122, § 17.-23 R. S. c. 122, § 18.-24 R. S. c. 122, § 19.-25 R. S. c. 122, $20.-20 Coffin's Case, 6 Me. 281.