CHAPTER 156.

jury, by procuring another person to commit the crime of perjury, TITLE XXX. shall be punished in the same manner as for the crime of perjury.

incite another to

SEC. 4. If any person shall endeavor to incite or procure any per- Endeavoring to son to commit the crime of perjury, though no perjury be committed, commit perjury. he shall be punished by imprisonment in the state prison not more than five years, or imprisonment in the county jail not more than one

year.

ted by court.

SEC. 5. Whenever it shall appear to any court of record, that any Proceeding when witness or party who has been legally sworn and examined, or has person is suspecmade an affidavit in any proceeding in a court of justice, has testified in such a manner as to induce a reasonable presumption that he has been guilty of perjury therein, the court may immediately commit such witness or party, by an order or process for that purpose, or may take a recognizance with sureties, for his appearing to answer to an indictment for perjury; and thereupon the witnesses to establish such perjury, may, if present, be bound over to the proper court, and notice of the proceedings shall forthwith be given to the prosecuting attorney.

SEC. 6. If, in any proceeding in a court of justice, in which perjury Securing papers. shall be reasonably presumed, as aforesaid, any papers, books or documents shall have been produced, which shall be deemed necessary to be used on any prosecution for such perjury, the court may, by order, detain the same from the person producing them, so long as may be necessary in order to their being used in such prosecution.

SEC. 7. Every person who shall corruptly give, offer or promise, to Bribes to officers. to any executive, legislative or judicial officer, after his election or appointment, and either before or after he shall have been qualified, or shall have taken his seat, any gift or gratuity whatever, with intent to influence his act, vote, opinion, decision or judgment on any matter, question, cause or proceeding which may be then pending, or may by law come or be brought before him in his official capacity, shall be punished by imprisonment in the state prison not more than five years, or by fine not exceeding three thousand dollars, and imprisonment in the county jail not more than one year.

SEC. 8. Every executive, legislative or judicial officer, who shall corruptly accept any gift or gratuity, or any promise to make any gift, or to do any act beneficial to such officer, under an agreement, or with an understanding, that his vote, opinion or judgment shall be given in any particular manner, or upon a particular side of any question, cause or proceeding, which is or may be by law brought before him in his official capacity, or that in such capacity, he shall make any particular nomination or appointment, shall forfeit his office, and be forever disqualified to hold any public office, trust or appointment under the constitution or laws of this state, and shall be punished by imprisonment in the state prison not more than ten years, or by fine not exceeding five thousand dollars, and imprisonment in the county jail not more than one year.

Officers accepting

bribes.

rors and others.

SEC. 9. Every person who shall corrupt, or attempt to corrupt, any Corrupting ju master in chancery, auditor, juror, arbitrator or referee, by giving, offering or promising any gift or gratuity whatever, with intent to bias the opinion or influence the decision of such master in chancery, auditor, juror, arbitrator or referee, in relation to any matter which may be pending in the court, or before an inquest, or for the decision of which such arbitrator or referee shall have been appointed or chosen,

CHAPTER 156.

TITLE XXX shall be punished by imprisonment in the state prison not more than five years, or by fine not exceeding one thousand dollars, and imprisonment in the county jail not more than one year.

Accepting bribes, by jurors and others.

Aiding escapes; rescuing prison 1840 p. 43, § 3.

ers.

Aiding escape

SEC. 10. If any person summoned as a juror, or chosen or appointed as an arbitrator, or if any master in chancery, or auditor, shall corruptly take any thing to give his verdict, award or report, or shall corruptly receive any gift or gratuity whatever, from a party to any suit, cause or proceeding, for the trial or decision of which such juror shall have been summoned, or for the hearing or determination of which such master in chancery, auditor, arbitrator or referee shall have been chosen or appointed, he shall be punished by imprisonment in the state prison not more than five years, or by fine not exceeding one thousand dollars, and imprisonment in the county jail not more than one year.

SEC. 11. Every person who shall convey into any jail, prison, or other like place of confinement, any disguise, or any instrument, tool, Weapon or other thing, adapted or useful to aid any prisoner in making his escape, with intent to facilitate the escape of any prisoner there lawfully committed or detained, or shall by any means whatever, aid or assist any such prisoner in his endeavor to make his escape therefrom, whether such escape be effected or attempted, or not, and every person who shall forcibly rescue any prisoner, held in custody upon any conviction or charge of an offence, shall be punished by imprisonment in the state prison not more than seven years; or, if the person whose escape or rescue was effected or intended, was charged with an offence not capital, nor punishable by imprisonment in the state prison, then the punishment for the offence mentioned in this section, shall be by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars.

SEC. 12. Every person who shall aid or assist any prisoner in esfrom an officer. caping or attempting to escape from any officer or person who shall have the lawful custody of such prisoner, shall be punished by impris onment in the county jail not more than one year, or by fine not exceeding five hundred dollars.

Suffering escape from prison.

fusing to receive a prisoner.

SEC. 13. If any jailor, or other officer, shall voluntarily suffer any prisoner in his custody upon conviction, or upon any criminal charge, to escape, he shall suffer the like punisment and penalties as the prisoner so suffered to escape was sentenced to, or would be liable to suffer, upon conviction, for the crime or offence wherewith he stood charged.

Suffering negli- SEC. 14. If any jailor or other officer shall, through negligence, sufgent escape; refer any prisoner in his custody upon conviction or upon any criminal charge, to escape, or shall wilfully refuse to receive into his custody any prisoner lawfully committed thereto, on any criminal charge or conviction, or any lawful process whatever, he shall be punished by imprisonment in the county jail not more than two years, or by fine not exceeding one thousand dollars.

Refusing to ar

cape.

SEC. 15. If any officer authorized to serve process, shall wilfully rest, suffering es- and corruptly refuse to execute any lawful process to him directed, and requiring him to apprehend or confine any person convicted or charged with an offence, or shall wilfully and corruptly omit or delay to execute such process, whereby such person shall escape and go at large, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars.

CHAPTER 156.

SEC. 16. If any person being required by any sheriff, deputy sher- TITLE XXX. iff, coroner or constable, shall neglect or refuse to assist him in the execution of his office, in any criminal case, or in the preservation of Refusing to aid the peace, or the apprehending or securing of any person for a breach sheriff, &c. of the peace, or in any case of escape or rescue of persons arrested upon civil process, he shall be punished by imprisonment in the coun

ty jail not more than six months, or by fine not exceeding one hundred dollars.

the

prehend on being

tice of the peace.

SEC. 17. If any justice of the peace, upon view of any breach of Refusing to ap peace, or any other offence proper for his cognizance, shall require required by jus. any person to apprehend and bring before him the offender, every person so required, who shall refuse to obey such justice, shall be punished in the same manner that is provided in the preceding section for refusing assistance to a sheriff; and no person to whom such justice shall be known, or shall declare himself to be a justice of the peace, shall be permitted to plead any excuse, or pretence of ignorance of his office.

&c.

SEC. 18. If any person shall falsely assume or pretend to be a jus- Falsely assuming tice of the peace, sheriff, deputy sheriff, coroner or constable, and to be a justice, shall take upon himself to act as such, or to require any person to aid and assist him in any matter pertaining to the duty of a justice of the peace, sheriff, deputy sheriff, coroner or constable, or shall falsely take upon himself to act or officiate in any office or place of authority, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding four hundred dollars.

SEC. 19. Every person who shall in any manner disguise himself, Disguising to rewith intent to obstruct the due execution of the law, or with intent to sist, &e. intimidate, hinder or interrupt any officer or any other person, in the legal performance of his duty, or the exercise of his rights under the constitution and laws of this state, whether such intent be effected or not, shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars, and may also be bound to good behaviour for the term of one year, after conviction of the offence, or after the expiration of such imprisonment.

fence.

SEC. 20. If any person, having knowledge of the commission of Concealing and any offence punishable with death, or by imprisonment in the state compounding of prison, shall take any money, or any gratuity or reward, or any en- 16 Mass., 91. gagement therefor, upon an agreement or understanding, express or implied, to compound or conceal such offence, or not to prosecute therefor, or not to give evidence thereof, he shall, when such offence of which he had knowledge, was punishable with death, or imprisonment in the state prison for life, be punished by imprisonment in the state prison not more than five years, or in the county jail not more than one year; and where the offence, of which he so had knowledge, was punishable in any other manner, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars.

SEC. 21. If any sheriff, coroner, constable or other officer author- Officers omitting ized to serve legal process, shall receive from a defendant, or from duty for reward. any other person, any money or other valuable thing, as a consideration, reward, or inducement, for omitting or delaying to arrest any defendant, or to carry him before a migistrate, or for delaying to take any person to prison, or for postponing the sale of any property under an execution, or for omttting or delaying to perform any duty per

CHAPTER 156.

TITLE XXX taining to his office, he shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding five hundred dollars.

Official extortion.

1 Mass., 227.

2 do., 523.

16 do. 93.

Obstructing sher.

cess.

1840, p. 42, § 2.

SEC. 22. If any person shall wilfully and corruptly demand and receive from another, for performing any service or any official duty, for which the fee or compensation is established by law, any greater fee or compensation than is allowed or provided for the same, he shall be deemed to have committed the offence of extortion, and shall be punished by a fine not exceeding one hundred dollars; but no prosecution for such offence shall be sustained, unless it shall be commenced within one year next after the offence was committed.

SEC. 23. If any person shall knowingly and wilfully obstruct, resist ift, &c. in the ex or oppose any sheriff, coroner, constable or other officer or person ecution of produly authorized, in serving or attempting to serve or execute any process, rule or order, made or issued by lawful authority, or shall assault, beat or wound any sheriff, coroner, constable or other officer duly authorized, while serving or attempting to serve or execute any such process, rule or order, or for having served or attempted to serve or execute the same, every person so offending shall be punished by imprisonment in the state prison not more than two years, or by impris onment in the county jail not more than one year, or by fine not exceeding five hundred dollars.

Breaking prison. 1840, p. 43, § 4.

Neglect by public officers.

demeanors.

SEC. 24. If any person, being imprisoned in the state prison for any term less than for life, shall break prison and escape, or break prison, though no escape shall actually be made, or shall, by force and violence attempt to escape therefrom, he shall be punished by further imprisonment in the state prison not more than three years, or by fine not exceeding five hundred dollars; and every prisoner who shall actually escape as aforesaid, shall, after his return to such prison, be imprisoned for as long a time as remained unexpired of his former sentence, at the time of such escape, besides such further term of impris onment as aforesaid.

SEC. 25. When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every wilful neglect to perform such duty, where no special provision shall have been made for the punishment of such delinquency, shall be deemed a misdemeanor.

Certain acts mis- SEC. 26. When the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, either in the same section containing such prohibition, or in any other section or statute, the doing of such act shall be deemed a misde

Punishment for misdemeanor.

meanor.

SEC. 27. Every person who shall be convicted of a misdemeanor, the punishment of which is not otherwise prescribed by any statute, shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding two hundred and fifty dollars, or by both such fine and imprisonment.

CHAPTER 157.

OF OFFENCES AGAINST THE PUBLIC PEACE.

TITLE XXX. CHAPTER 157.

pressed.

SECTION 1. If any persons, to the number of twelve or more, being Unlawful assemarmed with clubs, or other dangerous weapons, or if any persons, to blies, how sup the number of thirty or more, whether armed or not, shall be unlaw- 10 Mass., 518. fully, riotously, or tumultuously assembled in any city, township, or village, it shall be the duty of the mayor and each of the aldermen of such city, the supervisor of such township, the president and each of the trustees or members of the common council of such village, and of every justice of the peace, living in such city, township or village, and also of the sheriff of the county and his deputies, to go among the persons so assembled, or as near to them as may be with safety, and in the name of the people of this state, to command all the persons so assembled immediately and peaceably to disperse.

SEC. 2. If the persons so assembled shall not, upon being so com- Ib. manded, thereupon immediately and peaceably disperse, it shall be the duty of each of said magistrates and officers, to command the assistance of all persons there present, in seizing, arresting and securing in custody the persons so unlawfully assembled, so that they may be proceeded against for their offences according to law.

SEC. 3. If any person present, being commanded by any of the Refusal to aid of magistrates or officers aforesaid, to aid and assist in seizing and se- ficer to disperse. curing such rioters, or persons so unlawfully assembled, or in suppressing such riot or unlawful assembly, shall refuse or neglect to obey such command, or when required by any such magistrate or officer to depart from the place of such riotous or unlawful assembly, shall refuse or neglect so to do, he shall be deemed to be one of the rioters or persons unlawfully assembled, and shall be liable to be prosecuted and punished accordingly.

cers to suppress

mobe.

SEC. 4. If any mayor, alderman, supervisor, president, trustee or Neglect of offmember of a common council, justice of the peace, sheriff, or deputy sheriff, having notice of any such riotous or tumultuous and unlawful assembly as is mentioned in this chapter, in the city, township or village in which he lives, shall neglect or refuse immediately to proceed to the place of such assembly, or as near thereto as he can with safety, or shall omit or neglect to exercise the authority with which he is invested by this chapter, for suppressing such riotous or unlawful assembly, and for arresting and securing the offenders, he shall be deemed guilty of a misdemeaner, and shall be punished by a fine not exceeding three hundred dollars.

Use of force to

SEC. 5. If any persons, who shall be so riotously or unlawfully assembled, and who shall have been commanded to disperse, as before quell mobs. provided, shall refuse or neglect to disperse, without unnecessary delay, any two of the magistrates or officers before mentioned, may require the aid of a sufficient number of persons, in arms or otherwise, as may be necessary, and shall proceed in such manner as in their judgment shall be expedient, forthwith to disperse and suppress such unlawful, riotous or tumultuous assembly, and seize and secure the persons composing the same, so that they may be proceeded with according to law.

SEC. 6. Whenever an armed force shall be called out in the manner provided by law for the purpose of suppressing any tumult or riot,

Armed force, who to obey.