Selling liquor in court houses or prisons or near elec

S208. Every person who sells any spirituous or intoxicating liquor within, or brings with intent to sell, or offer or expose for sale therein, any such tion polls. liquor into, either:

Misconduct

by attorneys.

1. Any building established as a court house for the holding of courts of record while any session of such court is being held therein, except in such part of such building not appropriated to the use of courts or of juries attending them, in which such sale has been authorized by a resolution of the board of supervisors of the county; or,

2. Any building established as a jail or prison; or, 3. Any building or shed, outhouse, porch, yard or curtilage appertaining to any building which, or any part of which, is at the time occupied or used for holding the polls at an election of any public officer of this state or of the United States, or for canvassing votes cast at such election,

Is guilty of misdemeanor.

Embraces provisions of 2 Rev. Stat., 291, § 95
Id., 431, § 29.

$209. Every attorney who, whether as attorney
or as counselor, either:

1. Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party; or,

2. Willfully delays his client's suit with a view to his own gain; or,

3. Willfully receives any money or allowance for or on account of any money which he has not laid out or become answerable for,

Is guilty of misdemeanor, and in addition to the punishment prescribed therefor by this Code, he forfeits to the party injured treble damages, to be recovered in a civil action.

See 2 Rev. Stat., 287, §§ 69, 70.

"As attorney or as counselor." In general throughout the Code, the Commissioners have used the word "attor.

ney," as embracing all classes of legal practitioners,
conformably to the existing law by which both the
functions of the attorney and those of the counselor-
at-law are united in the same person. (See note to sec-
tion 198, above.) But it has been held that although
candidates for admission to the bar are now admitted as
attorneys and as counselors at the same time, yet the
offices are still distinct. (Easton v. Smith, 1 E. D. Smith,
318; Brady v. Mayor, &c., of N. Y., 1 Sandf., 559.) As
some of the acts prohibited in the above section might
be committed by one acting only as a counselor, and
who, though in fact also an attorney, had no retainer as
such in the cause to which the misconduct related, the
Commissioners have declared the acts punishable in
which ever capacity the defendant acts.

attorneys'

used.

$ 210. If any attorney knowingly permits any Permitting person, not being his general law partner or a names to be clerk in his office, to sue out any process or to prosecute or defend any action in his name, except as authorized by the next section, such attorney, and every person who shall so use his name, is guilty of a misdemeanor.

The existing law imposes a forfeiture of fifty dollars, instead of a criminal punishment, for this species of misconduct. (2 Rev. Stat., 287, § 70.) The Commissioners recommend that the prohibition be restricted by allow. ing an attorney to permit his name to be used in the cases specified in the following section; and that, except as therein permitted, such use of the name be made a misdemeanor.

cases law

$211. Whenever an action or proceeding is autho- In what rized by law to be prosecuted or defended in the ful name of the people, or of any public officer, board of officers, or municipal corporation, on behalf of another party, the attorney-general, or district attorney, or attorney of such public officer or board or corporation may permit any proceeding therein to be taken in his name by an attorney to be chosen by the party in interest.

pretenses

relative to

$212. Every person who fraudulently produces an Fraudulent infant, falsely pretending it to have been born of any parent whose child would be entitled to inherit any

birth of infant.

Substituting one child for another.

Importing foreign con victs.

real estate or to receive a share of any personal estate, with intent to intercept the inheritance of any such real estate, or the distribution of any such personal estate from any person lawfully entitled thereto, is punishable by imprisonment in a state prison not exceeding ten years.

This is substantially the provision of 2 Rev. Stat., 676, 51. The Commissioners would have recommended the enactment of a more extended provision, which should forbid the holding out of a child as born of other than its true parents, were it not that such an enactment would render necessary a system of provisions regulating and legalizing the adoption of children. The subject of adoptions is one which the Commissioners have under consideration, and some systematic provisions relative to it may perhaps be reported, but the topic does not come within the Penal Code.

S213. Every person to whom an infant has been confided for nursing, education, or any other purpose, who, with intent to deceive any parent or guardian of such child, substitutes or produces to such parent or guardian another child in the place of the one so confided, is punishable by imprisonment in a state prison not exceeding seven years.

Founded upon 2 Rev. Stat., 677, § 52. The changes introduced are two. The provisions of the Revised Statutes is limited to cases where the infant confided to the accused is under six years. The Commissioners are of opinion that while the substitution may become less and less feasible with the advancing age of the child, it is not the less criminal, if perpetrated, because the child has passed the age of six; and they therefore omit the restriction. They also use the words "substitutes or produces," in place of "substitutes and produces;" in order to embrace cases in which the child may not be exhibited in person to the parent or guardian.

S 214. Every owner, master or commander of any vessel arriving from a foreign country who know. ingly lands or permits to land at any port, city, harbor, or place within this state, any passenger or hand who is a foreign convict of any crime which, if committed within this state, would be punishable

therein, without giving notice thereof to the mayor of such city, or other principal municipal officer of such port or place, is guilty of a misdemeanor.

Founded upon Laws of 1833, ch. 230, § 1. That act renders the bringing within this state of any foreign convict of felony, a misdemeanor, if done with intent to land him or to permit him to land. The objection to this form of the provision is that if the character of the felon is not known to the master until after the ship has left the foreign port, upon her voyage home, the master may have no option but to bring him within this state. The provision might be relieved of injustice in its operation in this class of cases by specifying the taking on board of a foreign convict, with intent to bring him to this country, as the criminal act. But this would be to declare punishable an act committed without this state, which ought only to be done in cases involving a special necessity. The Commissioners have, therefore, allowed masters to relieve themselves of criminal responsibility by giving notice of the character of the passenger to the public authorities of the place where he is landed.

The Commissioners have also substituted the word "crime" for "felony," in view of the increasing evils suffered by our people from the influx of foreign criminals.

of duty by

officer.

$215. Where any duty is or shall be enjoined by Omission law upon any public officer, or upon any person public holding any public trust or employment, every willful omission to perform such duty, where no special provision shall have been made for the punishment of such delinquency, is punishable as a misdemeanor.

See 2 Rev. Stat., 696, §§ 38, 40. The enactment of this provision will render it unnecessary to embrace section 91 of the Rep. Code Cr. Pro. in this Code. That section is as follows. "Every magistrate or officer, authorized to keep the peace, having notice of an unlawful or riotous assembly, who neglects to proceed to the place of the assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, is guilty of a misdemeanor."

S216. Where the performance of any act is prohibited by any statute, and no penalty for the viola

tion of such statute is imposed in any statute, the doing such act is a misdemeanor.

See 2 Rev. Stat., 696, § 39.

Commis hibited acts.

sion of pro

Disclosing fact of indictment

found.

S217. Every grand juror, district attorney, clerk, having been judge, or other officer, who, excepting by issuing or in executing a warrant to arrest the defendant, willfully discloses the fact of a presentment or indictment having been made for a felony, until the defendant has been arrested, is guilty of a misdemeanor.

Grand juror disclosing

pired before the grand

jury.

See Rep. Code Cr. Pro., §§ 276, 277.

S218. Every grand juror who, except when rewhat trans- quired by a court, willfully discloses any evidence adduced before the grand jury or anything which he himself or any other member of the grand jury may have said, or in what manner he or any other grand juror may have voted on a matter before them, is guilty of a misdemeanor.

Instituting suit in false

name.

Malicionsly procuring search warrant.

Unauthorized communica

tions with

state prison

See Rep. Code Cr. Pro., §§ 267-269.

S 219. Every person who maliciously institutes or prosecutes any action or legal proceeding, or makes or procures any arrest, in the name of a person who does not exist or has not consented that it be instituted or made, is guilty of a misdemeanor.

This provision has been prepared as a substitute for 2 Rev. Stat., 550, § 1.

$ 220. Every person who maliciously, and without probable cause, procures a search warrant to be issued and executed, is guilty of a misdemeanor. Rep. Code Cr. Pro., § 881.

S221. Every person who, not being authorized by law, or by a written permission from an inspector, or convict in by the consent of the warden, communicates with any convict in any state prison, or brings into or conveys out of any state prison any letter or writing to or from any convict, is guilty of a misdemeanor. See Laws of 1847, ch. 460, § 7.

Neglect to return names of Constables.

S 222. Every town clerk who willfully omits to return to the county clerk the name of any person who has qualified as constable, as required by subdivision