CHAPTER XXIX.

 

OBSTRUCTING AND PERVERTING THE COURSE OF JUSTICE.

 

CONTENTS.

 

SECTION 1, 2, 3. Escape.

4.   Rescue.

5.   Aiding in escape or rescue.

6.   Officer permitting escape.

7.   Suffering escape by negligence—Refusing to receive a prisoner

8.   Refusal to serve process.

9.   Refusing assistance to an officer.

10. Rescue of goods.

11. Pretending to be an officer.

12. Compounding for offenses.

13. Preventing or suppressing evidence.

14. Threats and intimidation.

15. Corruptly influencing jurors.

16. Bribery of a public officer.

17.   Receiving a bribe.

18.    Contempt—summary proceeding.

19.   Liable to indictment for misconduct before the courts₁ if the offense be indictable, etc

20.   Contempt as to refusal to perform an act.

 

1.  Whoever being lawfully made prisoner, or lawfully detained, on conviction or charge of any offense, or as a witness in any capital case, escapes from such imprisonment or detention against the will of the officer having him in custody, shall, in case the offense be capital, or punishable by imprisonment for life, or for ten years or more, be punished therefore by imprisonment at hard labor not more than three years, or by fine not exceeding five hundred dollars.

 

2.  In case of such escape from imprisonment on conviction or charge of, or as a witness in respect to, any offense otherwise punishable than as described in the preceding section, the, person so escaping shall be punished by imprisonment at hard labor not more than one year, or by fine. not exceeding one hundred dollars.

 

3.  Whomever, being a prisoner lawfully detained in the custody of any officer or other person authorized by law to detain such prisoner, in any other case than those provided for in the preceding sections, escapes, shall be punished by imprisonment at hard labor not more than three months, and by fine not exceeding ten dollars.

 

4.  Whoever rescues any prisoner or person lawfully held in custody on conviction or charge of any offense, or as a witness on a criminal charge; or aids or assists any such prisoner, witness or person so held in custody in his design or endeavor to escape, whether his escape be or be not effected or attempted; or conveys into any fort or other prison, any disguise, tool, weapon, or other thing adapted to facilitate, and with intent to facilitate the escape therefrom of any such prisoner, witness or other person, shall, in case the aforesaid offense or criminal charge be capital, or punishable by imprisonment for life, or for ten years or more, be punished. by imprisonment at hard labor not more than three years, and by fine not exceeding five hundred dollars: In any other case, he shall be punished by imprisonment at hard labor not more than one year, and by fine not exceeding one hundred dollars.

 

5.  Whoever aids any prisoner lawfully imprisoned for any other cause, than those mentioned in the preceding section, to escape from the custody of an officer or other person authorized by law to detain such prisoner, shall be punished by imprisonment not more than six months, and by fine not exceeding fifty dollars.

 

6.  Any jailor or other officer who voluntarily suffers any prisoner in his custody upon conviction of or charged with any offense, to escape, shall suffer like punishment amid penalties as the prisoner so suffered to escape was sentenced to, or would be liable to suffer upon conviction for the crime or offense wherewith he stood charged.

 

7.  Any jailor or other officer who, through negligence, suffers any prisoner in his custody, upon conviction of or charged with any offense, to escape; or who willfully refuses to receive into his custody any prisoner lawfully committed thereto, shall be punished by imprisonment at bard labor not exceeding two years, or by fine not exceeding five hundred dollars.

 

8. Any officer authorized by law to serve or execute any lawful process to him directed, delivered or offered, requiring him to apprehend or confine any person convicted of or charged with aim offense, who willfully and corruptly refuses, neglects, or delays to serve the same, whereby such person shall avoid arrest and go at large, shall be punished by imprisonment at hard labor not more than one year, or fine not exceeding three hundred dollars.

 

9. Any person required by the marshal, or by any sheriff, deputy sheriff or constable to assist him, in case of emergency, in the execution of his office in any criminal case, or in the preservation of the peace, or the apprehending or securing of any person for a breach of the peace, who refuses or neglects to render the assistance so required, shall be punished by fine not exceeding fifty dollars.

 

10.  Whoever rescues a thing that is under, legal seizure or detention, with intent to defeat such seizure or detention, or impede, oppose, or defeat the process whereby the thing is seized or detained, shall be punished by fine not exceeding five hundred dollars.

 

11.  Whoever falsely assumes to be a district justice, marshal, sheriff, deputy sheriff, constable or officer of the government, and takes upon himself to act as such, shall be punished by imprisonment at hard labor not more than one year, or by fine not exceeding one hundred dollars.

 

12.  Whoever, having knowledge of the commission of any offense punishable with death, or by imprisonment for life, shall give or receive any money, service, or other gratuity or reward, to compound or conceal such offense, or not to prosecute therefor, or not to give evidence thereof, shall be punished by imprisonment at hard labor not more than five years, or by fine not exceeding five hundred dollars. Where the offense is not punishable as aforesaid, Ito shall be punished by imprisonment at hard labor not more than one year, or by fine not exceeding one hundred dollars.

 

13.  Whoever, willfully intending to prevent or obstruct the course of justice, shall give any gratuity or reward, or make any promise thereof, express or implied, that any one shall evade giving his testimony, or shall destroy, conceal or suppress any deposition or other legal evidence in any suit or proceeding, criminal or civil, shall be punished by imprisonment at hard labor not more than one year, or by fine not exceeding five h₉udred dollars.

 

14. Whoever willfully obstructs or attempts to obstruct the public legislation, or the due administration of the law, by threats of violence against, or intimidation of, or endeavoring to intimidate any member of the privy council, legislature, or any legislative, judicial, executive or other officer charged with any duty in the administration, enforcement or execution of the law, shall be punished by imprisonment not more than one year, or by fine not exceeding five hundred dollars.

 

15. Whoever is guilty of corruptly influencing or attempting to corruptly influence any one serving or summoned as a jury-man, in favor of or against any party to any suit or matter pending at the time, or that may thereafter come before such juryman for his verdict or decision, shall be punished by imprisonment at hard labor not more than one year, or by fine not exceeding five hundred dollars.

 

16.  Whoever corruptly gives or promises to any executive, legislative or judicial officer, or to any master in chancery, juror, appraiser, referee, arbitrator or umpire, any gift, gratuity, service or benefit, with intent to influence his vote, judgment, opinion, decision or other acts as such in any case, question, proceeding or matter pending, or that may by law come or be brought before him in his capacity as aforesaid, shall be punished by imprisonment at hard labor not more than two years, or by fine not exceeding five hundred dollars.

 

17.  Every executive, legislative, judicial or civil officer, or any master in chancery, or any person acting or summoned as a juror; or any appraiser, referee, arbitrator or umpire, who corruptly accepts any gift, gratuity, beneficial service, or act or promise of either, under an agreement, or with an understanding that he shall in the exercise of any function in his capacity as aforesaid, vote, decide, or act in any particular manner in any cause, question, proceeding or matter pending or that may by law come or be brought before him shall be punished by imprisonment at hard labor not more than five years, or by fine not exceeding one thousand dollars.

 

18.  Whoever, after trial by jury, is adjudged guilty of contempt any judicial court, whether by open resistance to the process or proceedings thereof, or of any judge or justice thereof in the lawful exercise of his judicial functions; or by insulting, contemptuous, contumelious, disrespectful or disorderly language, behavior or act, or breach of the peace, noise or other disturbance in the presence or hearing thereof when in session; or by willful disobedience or neglect of any lawful process or order; or by refusing to be sworn as a witness, or when sworn, to answer any legal and proper interrogatories; or by publishing animadversions on the evidence or proceedings in a pending trial tending to prejudice the public respecting the same, and to obstruct and prevent the administration of justice; or by knowingly publishing an unfair report of the proceedings of a court, or malicious invectives against a court or jury tending to bring such court or jury, or the administration of justice into ridicule, contempt, discredit or odium, shall be punished by imprisonment at hard labor not exceeding two years, or by fine not exceeding five hundred dollars provided, however, that every judicial tribunal, acting as such, and every magistrate acting by authority of law in a judicial capacity, may summarily punish persons guilty of contempt, as follows: (Civil Code chap. 24.)

 

1. The Supreme Court, by imprisonment at hard labor not more than three months, or by fine not exceeding one hundred dollars, or by both such fine and imprisonment, in the discretion of the court.

 

2. Any circuit court, or any court of probate, by imprisonment at hard labor not more than two months, or by fine not exceeding one hundred dollars.

 

3. Any circuit judge, or police justice, by imprisonment at hard labor not more than thirty days, or by fine not exceeding fifty dollars.

 

4. Any district justice, coroner, or other person acting in a judicial capacity by authority from any court of record, by imprisonment at hard labor not more than ten days, or by fine not exceeding ten dollars.

 

19.  Persons punished according to the provisions of this chapter, shall also be liable to indictment for the same misconduct, if it be aim indictable offense; but the court before which a conviction is had on the indictment, in passing sentence, shall take into consideration the punishment before inflicted.

 

 20.  When the contempt consists in the omission or refusal to perform an act which is yet in the power of the party to perform, he may be imprisoned until her have performed it, and in that case the act shall be specified in the warrant of commitment.