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Forfeiture of office on conviction of crime: See post, § 673.
Legislation § 98. Enacted February 14, 1872.

§ 99. Superintendent of state printing. Shall not have any interest in contract of any kind connected with his office. Penalty. The superintendent of state printing shall not, during his continuance in office, have any interest, either directly or indirectly, in any contract in any way connected with his office as superintendent of state printing; nor shall he, during said period, be interested, either directly or indirectly, in any state printing, binding, engraving, lithographing, or other state work of any kind connected with his said office; nor shall he, directly or indirectly, be interested in any contract for furnishing paper, or other printing stock or material, to or for use in his said office; and any violations of these provisions shall subject him, on conviction before a court of competent jurisdiction, to imprisonment in the state prison for a term of not less than two years nor more than five years, and to a fine of not less than one thousand dollars nor more than three thousand dollars, or by both such fine and imprisonment. [Amendment approved 1895; Stats. 1895, p. 235.]

Legislation § 99. 1. Added by Code Amdts. 1875-76, p. 19, and then read: "The superintendent of state printing shall not, during his continuance in office, have any interest, directly or indirectly, in the publication of any newspaper or periodical, or in any printing of any kind, or in any binding, engraving, or lithographing, or in a contract for furnishing paper, or other printing stock or material connected with the state printing; and any violation of these provisions shall subject him, on conviction before a court of competent jurisdiction, to imprisonment in the state prison for a term of not less than two years nor more than five years, and a fine of not less than one thousand dollars nor more than three thousand dollars, or both such fine and imprisonment."

2. Amended by Code Amdts. 1877-78, p. 11, the first part of the section then reading, "The superintendent of state printing shall not, during his continuance in office, have any interest, directly or indirectly, in any printing of any kind, or in any binding, engraving, or lithographing, or in a contract for furnishing paper or other printing stock or material connected with the state printing," the rest of the section reading same as the original section, except that the word "by" was added before "both such fine and imprisonment," at end of section.

3. Amended by Stats: 1895, p. 235.

§ 100. Superintendent of state printing, penalty for collusion. If the superintendent of state printing corruptly colludes with any person or persons furnishing paper or materials, or bidding therefor, or with any other person or persons, or has any secret understanding with him or them, by himself or through others, to defraud the state, or by

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which the state is defrauded or made to sustain a loss, contrary to the true intent and meaning of this chapter, he, upon conviction thereof, forfeits his office, and is subject to imprisonment in the state prison for a term of not less than two years, and to a fine of not less than one thousand dollars nor more than three thousand dollars, or both such fine and imprisonment. [Amendment approved 1905; Stats. 1905, p. 647.]

"Contrary to the true intent and meaning of this chapter." By $5 of the act entitled "An act to amend the Political and Penal Codes, concerning public printing, and for other purposes," approved April 3, 1876 (see Code Amdts. 1875-76, p. 16), §§ 99 and 100 were added to the Penal Code. That act also amended a number of the sections of the Political Code, relating to public printing, and the reference in § 100, supra, is intended to be to that act, and not to the Penal Code.

Legislation § 100. 1. Added by Code Amdts. 1875-76, p. 19, and then read: "If the said superintendent of state printing shall corruptly collude with any person or persons furnishing paper or materials or bidding therefor, or with any other person or persons, or have any secret understanding with him or them, by himself or through others, to defraud the state, or by which the state shall be defrauded or made to sustain a loss, contrary to the true intent and meaning of this act, he shall, upon conviction thereof, in any court of competent jurisdiction, forfeit his office, and be subject to imprisonment in the state prison for a term of not less than two years, and to a fine of not less than one thousand dollars nor more than three thousand dollars, or both such fine and imprisonment."

2. Amendment by Stats. 1901, p. 443; unconstitutional. See note, $ 5, ante.

3. Amended by Stats. 1905,

p. 647.

CHAPTER II.
Rescues.

§ 101. Rescuing prisoners.

§ 102. Retaking goods from custody of officer.

§ 101. Rescuing prisoners. Every person who rescues or attempts to rescue, or aids another person in rescuing or attempting to rescue, any prisoner from any prison, or from any officer or person having him in lawful custody, is punishable as follows:

1. If such prisoner was in custody upon a conviction of felony punishable with death: by imprisonment in the state. prison not less than one nor more than fourteen years;

2. If such prisoner was in custody upon a conviction of any other felony: by imprisonment in the state prison not less than six months nor more than five years;

3. If such prisoner was in custody upon a charge of felony by a fine not exceeding one thousand dollars and imprisonment in the county jail not exceeding two years;

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4. If such prisoner was in custody otherwise than upon a charge or conviction of felony: by fine not exceeding five hundred dollars and imprisonment in the county jail not exceeding six months.

Legislation § 101. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 240, §§ 93, 94, which read: "§ 93. If any person or persons shall set at liberty, or rescue, any person who shall have been found guilty or convicted of a crime, the punishment of which is death, such person, on conviction thereof, shall be punished by imprisonment in the state prison for a term not less than one year, nor more than fourteen years; and if any person or persons shall set at liberty or rescue any person who shall have been found guilty or convicted of a crime, the punishment of which is imprisonment in the state prison, or in prison, the person so offending, on conviction thereof, shall be sentenced to the same punishment that would have been inflicted on the person so set at liberty or rescued. § 94. If any person shall set at liberty or rescue any person who, before conviction, stands charged or committed for any capital offense, or any crime punishable in the state prison, such person so offending shall, on conviction, be fined in any sum not exceeding one thousand dollars, and imprisoned in the county jail not exceeding one year; and if the person rescued or set at liberty stands charged, committed, or convicted of any misdemeanor or other offense punishable by fine or imprisonment, or both, the person convicted of such rescue or setting at liberty shall suffer the same punishment that would have been inflicted on the person rescued or set at liberty, if he or she had been found guilty."

§ 102. Retaking goods from custody of officer. Every person who willfully injures or destroys, or takes or attempts to take, or assists any person in taking or attempting to take, from the custody of any officer or person, any personal property which such officer or person has in charge under any process of law, is guilty of a misdemeanor.

Legislation § 102. Enacted February 14, 1872; based on Field's Draft, § 135, N. Y. Pen. Code, § 83

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$109.

Assisting prisoners to escape.

§ 110.

§ 111.

Carrying into prison things useful to aid in escape.
Expense of trial for escape.

§ 105. Escapes from state prison, punishment of. Every prisoner confined in a state prison, for a term less than for life, who escapes therefrom, is punishable by imprisonment in a state prison for a term of not less than one year; said

second term of imprisonment to commence from the time he would otherwise have been discharged from said prison. [Amendment approved 1905; Stats. 1905, p. 723.]

Punishment for assisting prisoner to escape. See post, § 109, for the punishment imposed, in this state, upon a person who assists a prisoner confined in any prison, or in the lawful custody of any officer or person, to escape.

Escape suffered by officers: Post, § 108.

Killing escaped prisoner is justifiable when: See post, § 196.

Legislation § 105. 1. Enacted February 14, 1872 (based on Stats. 1855, p. 203, § 1), and then read: "Every prisoner confined in the state prison for a term less than for life, who escapes therefrom, is punishable by imprisonment in the state prison for a term equal in length to the term he was serving at the time of such escape."

2. Amended by Code Amdts. 1880, p. 42, adding the second clause of the section, which read as at present.

3. Amended by Stats. 1905, p. 723; the code commissioners saying, "The old section was open to the objection that the punishment prescribed was unequal, not proportionate to the offense, and its constitutionality on that account has been sometimes doubted. The cases of State v. Lewin, (Kan.) 37 Pac. Rep. 168; Barbier v. Connolly, 113 U. S. 27; Coon Hing v. Crowley, 113 U. S. 703; Hayes v. Missouri, 120 U. S. 68; Home Ins. Co. v. N. Y., 134 U. S. 594; Pembina Mng. Co. v. Penn. 125 U. S. 181; Crowley v. Christenson, 137 U. S. 86; Yick Wo v. Hopkins, 118 U. S. 358; Civil Rights Cases, 103 U. S. 3, are cited in behalf of this view."

§ 106. Attempt to escape from state prison. Every prisoner confined in the state prison for a term less than for life, who attempts to escape from such prison, is guilty of a felony, and, on conviction thereof, the term of imprisonment therefor shall commence from the time such convict would otherwise have been discharged from said prison. [Amendment approved 1880; Code Amdts. 1880, p. 42.]

Legislation § 106. 1. Enacted February 14, 1872 (based on Field's Draft, § 138, N. Y. Pen. Code, § 85), and then read: "Every prisoner confined in the state prison for a term less than for life, who attempts to escape from such prison, is guilty of felony."

2. Amended by Code Amdts. 1880, p. 42.

§ 107. Escapes from other than state prison. Every risoner confined in any other prison than the state prison, who escapes or attempts to escape therefrom, is guilty of a misdemeanor.

Legislation § 107. Enacted February 14, 1872.

§ 108. Officers suffering convicts to escape. Every keeper of a prison, sheriff, deputy sheriff, constable, or jailer, or person employed as a guard, who fraudulently contrives, procures, aids, connives at, or voluntarily permits the escape of any prisoner in custody, is punishable by imprisonment in the state prison not exceeding ten years, and fine not exceeding ten thousand dollars.

Legislation § 108. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 241, § 99, which read: "If any sheriff, coroner, jailer, keeper of a prison, constable, or other officer or person whatever, having any prisoner in his legal custody before conviction, shall voluntarily suffer or permit such prisoner to escape or go at large, every such officer or person so offending shall, on conviction, be fined in any sum not exceeding five thousand dollars, and imprisoned in the county jail for any time not exceeding five years: Provided, that, if such prisoner be in custody charged with murder or other capital offense, then such officer or person suffering or permitting such escape, shall be punished by imprisonment in the state prison, for any term not less than one year, nor more than ten years. A negligent escape of a person charged with a criminal offense before conviction, from the custody of any of the aforesaid officers, shall be deemed a misdemeanor, and punished by fine not exceeding five thousand dollars."

§ 109. Assisting prisoners to escape. Any person who willfully assists any paroled prisoner whose parole has been revoked, any escape, any prisoner confined in any prison or jail, or any inmate of any public training school or reformatory, or any person in the lawful custody of any officer or person, to escape, or in an attempt to escape from such prison or jail, or public training school or reformatory, or custody, is punishable as provided in section one hundred and eight of the Penal Code. [Amendment approved 1907; Stats. 1907, p. 271.]

Legislation § 109. 1. Enacted February 14, 1872; based on Field's Draft, § 144, N. Y. Pen. Code, § 88; also based on Crimes and Punishment Act, Stats. 1850, p. 241, § 98, which read: "§ 98. If any person shall aid or assist a prisoner, lawfully imprisoned or detained in custody for any offense against this state, or who shall be lawfully confined by virtue of any civil process, to make his or her escape from imprisonment or custody, though no escape be actually made; or if any person shall convey or cause to be delivered to such prisoner any disguise, instrument, or arms, proper to facilitate the escape of such prisoner, any person so offending (although no escape or attempt to escape be actually made), shall, on conviction, be punished by fine not exceeding five thousand dollars, and imprisoned in the county jail not exceeding five years." When enacted in 1872, § 109 read: "Every person who willfully assists any prisoner confined in any prison or in the lawful custody of any officer or person to escape, or in an attempt to escape from such rison or custody, is punishable as provided in section 108 of this code."

2. Amendment by Stats. 1901, p. 443; unconstitutional. See note, § 5, ante.

3. Amended by Stats. 1905, p. 647, differing from the amendment of 1907 (the present section), (1) having, as the first words of the section, "Every person who willfully assists" instead of "Any person who willfully assists any paroled prisoner whose parole has been revoked, any escape"; (2) not having, at end of section, the words "of the Penal Code"; the code commissioner saying, "The amendment is designed to make it punishable to assist the escape of inmates of reformatories, and to accomplish this end the follow

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