Misconduct in executing search warrant. Refusing to aid officer an arrest. or other lawful authority therefor, is guilty of a mis demeanor. 2 Rer Stat., 692, § 11. S 176. Every peace officer, who, in executing a search warrant, willfully exceeds his authority, or exercises it with unnecessary severity is guilty of a misdemeanor. Rep. Code Cr. Pro., § 882. $177. Every person, who, after having been lawin making fully commanded to aid any officer in arresting any person, or in retaking any person who has escaped from legal custody, or in executing any legal process, willfully neglects or refuses to aid such officer is guilty of a misdemeanor. Refusing to make an arrest. Resisting execution aiding es capes, &c., in county which has been proclaimed in insurrection. This section is suggested as a substitute for sections 86 and 981 of the Rep. Code Cr. Pro. For the various cases in which a private citizen may lawfully be called upon to aid in an arrest, &c., see Rep. Code Cr. Pro., S$ 64, 84, 92, 167, 180, 868, 980, 982. $178. Every person, who, after having been lawfully commanded by any magistrate to arrest another person, willfully neglects or refuses so to do, is guilty of a misdemeanor. S 179. Every person, who, after proclamation issued of process; by the governor declaring any county to be in a state of insurrection, resists or aids in resisting the execution of process in the county declared to be in a state of insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting a force ordered out by the governor to quell or suppress an insurrection, is punishable by imprisonment in the state prison for not less than two years. Obstructing public officer in the discharge of his duty. Rep. Code Cr. Pro., § 99. S180. Every person who willfully delays or obstructs any public officer in the discharge or attempt to discharge any duty of his office is guilty of a misdemeanor. extra judi cal oaths. S181. Every person who takes an oath before an Taking officer or person authorized to administer judicial oaths, except when such oath is required or authorized by law, or is required by the provisions of some contract as the basis of or in proof of a claim, or when the same has been agreed to be received by some person as proof of any fact, in the performance of any contract, obligation or duty, instead of other evidence, is guilty of a misdemeanor. ing extra oaths. S182. Every officer or other person who adminis- Administerters an oath to another person, or who makes and judicial delivers any certificate that another person has taken an oath, except when such oath is required or authorized by law, or is required by the provisions of some contract as a basis of or in proof of a claim, or when the same has been agreed to be received by some person as proof of any fact in the performance of any contract, obligation or duty, instead of other evidence, is guilty of a misdemeanor. It is known that, in many cases, persons employ the sanctity of a judicial oath to gain credence for their statements, yet escape punishment for falsity in those statements because the penalties of perjury do not extend to mere voluntary oaths. Sworn statements are frequently published to advance the sales of a particular article; or to support one side in a public controversy. The commissioners intend, by the two sections above, to restrict the practice of taking or administering these voluntary oaths. The provisions reported will allow affidavits to be made in proof of loss under policies of insurance; in proof of facts necessary to show title, between vendor and purchaser of real property; and in all the other cases where there is an agreement to receive them instead of pursuing the ordinary methods of legal investigation. And by antecedent provisions of this Code, the penalties of perjury are extended to willful false swearing in these cases, as well as in cases where the oath is required by law. (See § 150, and note.) ing crimes. $183. Every person who, having knowledge of Compoundthe actual commission of a crime or violation of statute, takes any money or property of another, or any gratuity or reward, or any engagement or pro Compound. ing prosecutions. Attempting to intimidate mise therefor, upon any agreement or understanding, express or implied, to compound or conceal such crime, or violation of statute, or to abstain from any prosecution therefor, or to withhold any evidence thereof, is punishable as follows: 1. By imprisonment in a state prison, not exceeding five years, or in a county jail, not exceeding one year, where the crime compounded is one punishable either by death or by imprisonment in a state prison for life; 2. By imprisonment in a state prison, not exceeding three years, or in a county jail, not exceeding six months, where the crime compounded was punishable by imprisonment in a state prison for any other term than for life; 3. By imprisonment in a county jail, not exceeding one year, or by fine, not exceeding two hundred and fifty dollars, or by both such fine and imprisonment, where the crime or violation of statute compounded is a crime punishable by imprisonment in a county jail or by fine, or is a misdemeanor, or violation of statute for which a pecuniary or other penalty or forfeiture is prescribed. Embodies 2 Rev. Stat., 689, §§ 17, 18; Id., 692, § 12; Id., 897, § 40. That the offense of compounding may extend as well to misdemeanors as to felonies, see Jones v. Rice, 18 Pick., 440. S184. Every person who takes any money or property of another, or any gratuity or reward, or any engagement or promise therefor, upon any agreement or understanding, express or implied, to compound, discontinue or delay any prosecution then pending for any crime or violation of statute, or to withhold any evidence, in aid thereof, is guilty of a misdemeanor. $ 185. Every person who, directly or indirectly, utters or addresses any threat or intimidation to any ministerial judicial or ministerial officer, or to any juror, referee, judicial or arbitrator, umpire or assessor, or other person autho- officers, jurors, &c. rized by law to hear or determine any controversy, with intent to induce him, contrary to his duty, either to do, or omit or delay any act, is guilty of a misde meanor. sing evi dence. $186. Every person who maliciously practices any Suppres deceit or fraud, or uses any threat, menace or violence, with intent to prevent any party to an action or proceeding from obtaining or producing therein any book, paper, or other matter or thing which might be evidence, or from procuring the attendance or testimony of any witness therein, or with intent to prevent any person having in his possession any book, paper, or other matter or thing which might be evidence in such suit or proceeding, or to prevent any person being cognizant of any fact material thereto from producing or disclosing the same, is guilty of a misdemeanor. lands in suit. $187. Every person who takes any conveyance of Buying any lands or tenements, or of any interest or estate therein, from any person not being in the possession thereof, while such lands or tenements are the subject of controversy, by suit in any court, knowing the pendency of such suit and that the grantor was not in possession of such lands or tenements, is guilty of a misdemeanor. See 2 Rev. Stat., 691, § 5; also, Wolcott v. Knight, 6 Mass., 418; Everden v. Beaumont, 7 Id., 76; Sweet v. Poor, 11 Id., 549; Bringly v. Whitney, 5 Pick., 349; to the effect that the purchase of a dormant title to lands from a party not seised, by a stranger out of possession, when made with intent to disturb the tenant in possession, constitutes the offense of maintenance and is indictable at common law. tended titles. $188. Every person who buys or sells, or in any Buying premanner procures, or makes or takes any promise or covenant to convey any pretended right or title to any lands or tenements, unless the grantor thereof Mortgage of lands under session not or the person making such promise or covenant has been in possession, or he and those by whom he claims, have been in possession of the same or of the reversion and remainder thereof, or have taken the rents and profits thereof for the space of one year before such grant, conveyance, sale, promise or covenant made, is guilty of a misdemeanor. 2 Rev. Stat., 691, § 6. $189. The two last sections shall not be construed adverse pos- to prevent any person having a just title to lands, upon which there shall be an adverse possession, from executing a mortgage upon such lands. prohibited. Common barratry defined. Declared a misdemean or. What proof is required. Interest. Buying demands or suit by an attorney. Buying de mands by a justice or constable for suit be fore a jus tice. Lending money upon claims de 2 Rev. Stat., 691, § 7; 1 Id., 739, § 148. $ 190. Common barratry is the practice of exciting groundless judicial proceedings. S 191. Common barratry is a misdemeanor. S 192. No person can be convicted of common barratry, except upon proof that he has excited suits or proceedings at law, in at least three instances, and with a corrupt or malicious intent to vex and annoy. $193. Upon a prosecution for common barratry, the fact that the accused was himself a party in interest or upon the record to any proceedings at law, complained of, is not a defense. S 194. Every attorney who, either directly or indirectly, buys or is interested in buying any evidence of debt or thing in action with intent to bring suit thereon is guilty of a misdemeanor $195. Every justice of the peace and every constable who, directly or indirectly, buys or is interested in buying any evidence of debt or thing in action for the purpose of commencing any suit thereon before a justice, is guilty of a misdemeanor. $196. Every attorney, justice of the peace or concollection. stable, who, directly or indirectly, lends or advances livered for |