ing insertions have been made: The words 'or jail, or reformatory,' the words 'or any person,' and the words 'or jail, or public training school, or reformatory.' 4. Amended by Stats. 1907, p. 271. § 110. Carrying into prison things useful to aid in escape. Every person who carries or sends into a prison, jail, public training school, or reformatory, anything useful to aid a prisoner or inmate in making his escape, with intent thereby to facilitate the escape of any prisoner or inmate confined therein, is punishable as provided in section one hundred and eight. [Amendment approved 1905; Stats. 1905, p. 647.] Legislation § 110. 1. Enacted February 14, 1872; based on Field's Draft, § 142, N. Y. Pen. Code, § 87; also based on Crimes and Punishment Act, Stats. 1850, p. 241, § 96, which read: "§ 96. If any person shall carry to any convict imprisoned or in custody, or into any county jail or other place where such convict may be confined, any tool, weapon, or other aid with intent to enable such convict to escape such custody or confinement, whether such escape be effected or not, any person so offending, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, and imprisonment in the state prison not exceeding five years." 2. Amendment by Stats. 1901, p. 443; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 647, (1) inserting (a) "jail, public training school, or reformatory" after "prison," and (b) "or inmate" after "prisoner" in both instances; (2) omitting "of this code" at end of section; the code commissioner saying, "The change is in line with the proposed change in § 109." § 111. Expense of trial for escape. Whenever a trial is had of any person under any of the provisions of sections one hundred and five and one hundred and six, and whenever a convict in the state prison is tried for any crime committed therein, the county clerk of the county where such trial is had must make out a statement of all the costs incurred by the county for the trial of such case, and of guarding and keeping such convict, and of the execution of the sentence of such convict, properly certified to by a judge of the superior court of such county, which statement must be sent to the board of state prison directors for their approval; and after such approval, said board must cause the amount of such costs to be paid out of the money appropriated for the support of the state prison, to the county treasurer of the county where such trial was had. [Amendment approved 1905; Stats. 1905, p. 774.] Legislation § 111. 1. Added by Code Amdts. 1880, p. 9, and then read: "Whenever a trial shall be had of any person under any of the provisions of sections one hundred and five and one hundred and six of this code, and whenever a convict in the state prison shall be tried for any crime committed therein, the county clerk of the county where such trial is had shall make out a statement of all the costs incurred by the county for the trial of such case, and of guarding and keeping such convict, properly certified to by a superior judge of said county, which statement shall be sent to the board of state prison directors for their approval; and after such approval, said board shall cause the amount of such costs to be paid out of the money appropriated for the support of the state prison to the county treasurer of the county where such trial was had." 2. Amendment by Stats. 1901, p. 443; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 774; the code commissioner saying, "It is manifestly proper that the county should be recouped for the expenses covered by the amendment." CHAPTER IV. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents. § 113. Larceny, destruction, etc., of records by officers having them in custody. § 114. § 115. § 116. Larceny, destruction, etc., of records by other persons. 117. Falsifying jury-lists, etc. § 113. Larceny, destruction, etc., of records by officers having them in custody. Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his hands for any purpose, who is guilty of stealing, willfully destroying, mutilating, defacing, altering or falsifying. removing or secreting the whole or any part of such record, map, book, paper, or proceeding, or who permits any other person so to do, is punishable by imprisonment in the state. prison not less than one nor more than fourteen years. Mutilating, taking away or destroying records: See ante, § 76; post, § 114. Legislation § 113. Enacted February 14, 1872; based on Field's Draft, § 147, N. Y. Pen. Code, § 114; also based on Crimes and Punishment Act, Stats. 1850, p. 240, § 87, which read: "If any judge, justice of the peace, sheriff, coroner, clerk, recorder, or other publie officer, or any person whatsoever, shall steal, embezzle, corrupt, alter, withdraw, falsify, or avoid any record, process, charter, gift, grant, conveyance, bond, or contract, or shall knowingly and willfully take off, discharge, or conceal any issue, forfeited recognizance, or other forfeiture, or shall forge, deface, or falsify any document or instrument recorded, or any registered acknowledg ment or certificate, or shall alter, deface, or falsify any minute, docu ment, book, or any proceeding whatever of or belonging to any public office within this state, the person so offending, and being thereof duly convicted, shall be punished by imprisonment in the state prison for a term not less than one nor more than ten years, and be fined in a sum not exceeding five thousand dollars." § 114. Larceny, destruction, etc., of records by other persons. Every person not an officer such as is referred to in the preceding section, who is guilty of any of the acts specified in that section, is punishable by imprisonment in the state prison not exceeding five years, or in a county jail not exceeding one year, or by a fine not exceeding one hundred dollars, or by both. Mutilating or taking away records: See ante, §§ 76, 113. Legislation § 114. Enacted February 14, 1872; based on Field's Draft, § 148; N. Y. Pen. Code, § 94; Crimes and Punishment Act, Stats. 1850, p. 240, § 87. § 115. Offering false or forged instruments to be filed of record. Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instrument, if genuine, might be filed, or registered, or recorded under any law of this state or of the United States, is guilty of felony. Legislation § 115. Enacted February 14, 1872; based on Field's Draft, § 149. N. Y. Pen. Code, § 95. § 116. Adding names, etc., to jury-lists. Every person who adds any names to the list of persons selected to serve as jurors for the county, either by placing the same in the jury-box, or otherwise, or extracts any name therefrom, or destroys the jury-box or any of the pieces of paper containing the names of jurors, or mutilates or defaces such names so that the same cannot be read, or changes such names on the pieces of paper, except in cases allowed by law, is guilty of a felony. [Amendment approved 1874; Code Amdts. 1873-74, p. 425.] Legislation § 116. 1. Enacted February 14, 1872, differing from the amendment of 1873-74, (1) having the words "by a board of supervisors" after "persons selected"; (2) not having the words "for the county" after "serve as jurors." 2. Amended by Code Amdts. 1873-74, p. 425. § 117. Falsifying jury-lists, etc. Every officer or person required by law to certify to the list of persons selected as jurors who maliciously, corruptly, or willfully certifies to a false or incorrect list, or a list containing other names than those selected, or who, being required by law to write down the names placed on the certified lists on separate pieces of paper, does not write down and place in the jury-box the same names that are on the certified list, and no more and no less than are on such list, is guilty of a felony. Legislation § 117. Enacted February 14, 1872. CHAPTER V. Perjury and Subornation of Perjury. $118. Perjury defined. §118a. False affidavits as to affiant's testimony. $119. Oath defined. § 120. Oath of office. $121. Irregularity in administering oath. $122. Incompetency of witness no defense. $123. Witness's knowledge of materiality of testimony not necessary. § 124. Deposition, when deemed to be complete. § 125. Statement of that which one does not know to be true. § 126. Punishment of perjury. § 127. Subornation of perjury, $128. Procuring the execution of innocent person. § 129. False return under oath, whether oath is taken or not. § 118. Perjury defined. Every person who, having taken an oath that he will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which such an oath may by law be administered, willfully and contrary to such oath, states as true any material matter which he knows to be false, is guilty of perjury. Irregularity in administering oath: See post, § 121. False sworn statement to mutual insurance company: See Civ. Code, § 453j. False swearing in report of building and loan corporation: See Civ. Code, § 645. Legislation § 118. Enacted February 14, 1872; identical with Field's Draft, § 150, N. Y. Pen. Code, § 96. Crimes and Punishment Act, Stats. 1850, p. 239, § 82, read: "§ 82. Every person having taken a lawful oath, or made affirmation in any judicial proceeding, or in any other matter where by law an oath or affirmation is required, who shall swear or affirm willfully, corruptly, and falsely, in a matter material to the issue or point in question, or shall suborn any other person to swear or affirm as aforesaid, shall be deemed guilty of perjury or subornation of perjury (as the case may be), and upon conviction thereof shall be punished by imprisonment in the state prison for any term not less than one nor more than fourteen years." § 118a. False affidavits as to affiant's testimony. Any person who, in any affidavit taken before any person authorized to administer oaths, swears, affirms, declares, deposes, or certifies that he will testify, declare, depose, or certify before any competent tribunal, officer, or person, in any case then pending or thereafter to be instituted, in any particular manner, or to any particular fact, and in such affidavit willfully and contrary to such oath states as true any material matter which he knows to be false, is guilty of perjury. In any prosecution under this section, the subsequent testimony of such person, in any action involving the matters in such affidavit contained, which is contrary to any of the matters in such affidavit contained, shall be prima facie evidence that the matters in such affidavit were false. Legislation § 118a. 1. Addition by Stats. 1901, p. 443; unconstitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 648; the code commissioner saying, "The object of this new section is to punish those who instigate litigation by making false affidavits respecting the facts to which they will testify and is made necessary by the decision of the supreme court in People v. Simpton, 133 Cal. 367." § 119. Oath defined. The term "oath," as used in the last two sections, includes an affirmation and every other mode authorized by law of attesting the truth of that which is stated. [Amendment approved 1905; Stats. 1905, p. 648.] Manner of administering oath. That mode of swearing which the witness believes most obligatory may be adopted. No special form of oath or affirmation is required: Code Civ. Proc., §§ 2093–2097; see also post, § 121. Oath includes affirmation: See ante. § 7. Legislation § 119. 1. Enacted February 14, 1872; based on Field's Draft, § 151, N. Y. Pen. Code, § 97. 2. Amendment by Stats. 1901, p. 444; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 648, substituting "two sections" for "section"; the code commissioner saying, "The change is made necessary by the addition of § 118a to the code." § 120. Oath of Office. So much of an oath of office as relates to the future performance of official duties is not such an oath as is intended by the two [three] preceding sections. Oath of office: See Pol. Code, §§ 904 et seq. Legislation § 120. Enacted February 14, 1872; based on Field's Draft, § 152. § 121. Irregularity in administering oath. It is no defense to a prosecution for perjury that the oath was administered or taken in an irregular manner, or that the person accused of perjury did not go before, or was not in the presence of, the officer purporting to administer the oath, if such accused caused or procured such officer to certify that the oath had been taken or administered. [Amendment ap proved 1905; Stats. 1905, p. 648.] Legislation § 121. 1. Enacted February 14, 1872; identical with Field's Draft, § 153, N. Y. Pen. Code, § 97. The code commissioners cite People v. Cook, 4 Seld. 67. 2. Amendment by Stats. 1901, p. 444; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 648, adding all the matter after the words "irregular manner"; the code commissioner saying, "The object of the amendment is to cut off the defense sometimes successfully made in perjury cases, that the defendant did not in fact |