P. L. 52.

assessor shall assess any person as a voter who is not qualified, or shall refuse to 17 April 1869 § 14. assess any one who is qualified, he shall be guilty of a misdemeanor in office, and on conviction, be punished by fine or imprisonment, and also be subject to an action for damages by the party aggrieved. And if any person shall fraudulently alter, add to, deface or destroy any list of voters, made out as directed by this act, or tear down or remove the same from the place where it has been fixed, with fraudulent or mischievous intent, or for any improper purpose, the person so offending shall be guilty of a high misdemeanor, and on conviction, shall be punished by a fine, not exceeding five hundred dollars, or imprisonment, not exceeding two years, or both, at the discretion of the court.

Ibid. § 38.

Fraudulently attempting to pro

153. If any person, upon any false representation, or by the production of any forged, false or spurious naturalization certificate, or upon any such certificate not duly issued according to the act of congress, shall cause his name to be placed, or shall attempt to have his name placed, upon any extra assessment list for election cure registry. purposes, or upon any list of qualified electors authorized or required to be made by any law of this commonwealth, or shall vote or attempt to vote at any general or presidential election, every such person, on conviction thereof, shall be adjudged guilty of a high misdemeanor, and shall be sentenced to imprisonment in the jail of the proper county for a term not less than twelve months, and every person who shall aid or abet any other person in any such false representation or attempt shall, on conviction thereof, be adjudged guilty of a high misdemeanor, and suffer the like penalty.(g)

P. L. 24.

154. It shall not be lawful for any person or persons keeping a public house or 18 March 1872 § 1. drinking-place, either licensed or unlicensed, to sell spirituous or malt liquors as a drink, to sell, furnish or give away, to be used as a drink, any spirituous or malt Liquors not to be liquors, wine or any other intoxicating beverage, on any part of any day set apart, sold or furnished or to be set apart for any general or special election, by the citizens in any election during election. district or division within this commonwealth, where an election is in progress, during the hours when, by law, in said district, the election polls are required to be kept open.

155. Any person violating any of the provisions of the first section of this act shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be subject to imprisonment in the jail of the proper county, for a term of not more than one hundred days, and in addition to the above, shall also be subject to a fine of not more than five hundred dollars and costs, at the discretion of the court.

156. It shall be the duty of the constables of the several townships, wards and boroughs of this commonwealth, under the same penalty as mentioned in section 2d, to make return to the next court of quarter sessions of the proper county, the name or names of any person or persons offending under the first section of this act: Provided, Nothing herein shall prevent any other person or persons from prosecuting for such offence.

Ibid. § 2.

Punishment.

Ibid. § 3.

Duties of consta

bles.

P. L. 40.

officers.

lists.

157. Any assessor, election officer or person appointed as an overseer, who shall 30 Jan. 1874 § 19. neglect or refuse to perform any duty enjoined by this act, without reasonable or legal cause, shall be subject to a penalty of one hundred dollars; and if any Penalty for neglect assessor shall knowingly assess any person as a voter who is not qualified, or shall of duty by election wilfully refuse to assess any one who is qualified, he shall be guilty of a misdemeanor in office, and on conviction, be punished by a fine, not exceeding one thousand dollars, or imprisonment, not exceeding two years, or both, at the discretion of the court, and also be subject to an action for damages by the party aggrieved. And if any person shall fraudulently alter, add to, deface or destroy any list of For altering or devoters made out as directed by this act, or tear down or remove the same from the facing registry place where it has been fixed, with fraudulent or mischievous intent, or for any improper purpose, the person so offending shall be guilty of a misdemeanor, and on conviction, shall be punished by a fine, not exceeding five hundred dollars, or imprisonment, not exceeding two years, or both, at the discretion of the court. And if any person shall, by violence or intimidation, drive or attempt to drive For obstructing from the polls any person or persons appointed by the court to act as overseers of overseers. an election, or in any way wilfully prevent said overseers from performing the duties enjoined upon them by this act, such person shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine, not exceeding one thousand dollars, or by imprisonment, not exceeding two years, or both, at the discretion of the court.

Ibid.

158. Any person who shall, on the day of any election, visit a polling place in any election district at which he is not entitled to vote, and shall use any intimi- For intimidating dation or violence for the purpose of preventing any officer of election from per- voters. forming the duties required of him by law, or for the purpose of preventing any qualified voter of such district exercising his right to vote, or from exercising his right to challenge any person offering to vote, such person shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding two years, or both, at the discretion of the court. Any clerk, overseer or election officer,

(g) See 2 Brewst. 145-6.

P. L. 40.

For disclosing votes.

Ibid. § 20. For fraudulent issuing or use of tificates.

30 Jan. 1874 § 19. who shall disclose how any elector shall have voted, unless required to do so as a witness in a judicial proceeding, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine, not exceeding one thousand dollars, or by imprisonment, not exceeding two years, or both, at the discretion of the court. 159. If any prothonotary, clerk, or the deputy of either, or any other person, shall affix the seal of any court to any naturalization paper, or permit the same to be affixed, or give out, or cause or permit such naturalization paper to be given naturalization cer- out, in blank, whereby it may be fraudulently used, or furnish a naturalization certificate to any person who shall not have been duly examined and sworn in open court, in the presence of some of the judges thereof, according to the act of congress, or shall aid in, connive at, or in any way permit the issue of any fraudulent naturalization certificate, he shall be guilty of a misdemeanor; or if any one shall fraudulently use any such certificate of naturalization, knowing that it was fraudulently issued, or shall vote or attempt to vote thereon, or if any one shall vote or attempt to vote on any certificate of naturalization not issued to him, he shall be guilty of a misdemeanor; and either or any of the persons, their aiders or abettors, found guilty of either of the misdemeanors aforesaid, shall be fined in a sum not exceeding one thousand dollars, and imprisoned in the proper penitentiary for a period not exceeding three years.

Ibid. § 21.

For false swearing in reference to naturalization.

For voting on fraudulent papers.

18 April 1874 § 1. P. L. 64.

What expenses may be paid by candidates for

office.

How to be incurred.

Oath of office.

Ibid. § 2. Penalty for violation.

13 June 1883 § 1. P. L. 96.

Assessment of

160. Any person who, on oath or affirmation, in or before any court in this state, or officer authorized to administer oaths, shall, to procure a certificate of naturalization for himself or any other person, wilfully depose, declare or affirm any matter to be fact, knowing the same to be false, or shall in like manner deny any matter to be fact, knowing the same to be true, shall be deemed guilty of perjury; and any certificate of naturalization issued in pursuance of any such deposition, declaration or affirmation, shall be null and void; and it shall be the duty of the court issuing the same, upon proof being made before it that it was fraudulently obtained, to take immediate measures for recalling the same for cancellation. And any person who shall vote or attempt to vote on any paper so obtained, or who shall in any way aid in, connive at, or have any agency whatever in the issue, circulation or use of any fraudulent naturalization certificate, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall undergo an imprisonment in the penitentiary for not more than two years, and pay a fine not more than one thousand dollars, for every such offence, or either, or both, at the discretion of the court.(h)

161. No person who shall hereafter be a candidate for the nomination, or for election to the senate or house of representatives, or to any office of the judiciary, or to any state, municipal or county office in this commonwealth, shall pay or contribute, either directly or indirectly, any money or other valuable thing, or knowingly allow it to be done by others for him, either for the nomination, election or appointment, except necessary expenses as follows, to wit:

I. For printing and travelling expenses.

II. For dissemination of information to the public.

III. For political meetings, demonstrations and conventions. (i)

162. The foregoing expenses may be incurred, either in person, or through other individuals or committees of organizations duly constituted for the purpose, but nothing contained in this act shall be so construed as to authorize the payment of money or other valuable thing for the vote or influence of any elector, either directly or indirectly, at primary, township, general or special elections, nominating conventions, or for any corrupt purposes whatever incident to an election. And all judicial, state, county and municipal officers hereafter elected shall, before entering upon the duties of their respective offices, take and subscribe the oath prescribed by section first, of article seven, of the constitution of this commonwealth. 163. Every person violating either of the provisions of this act shall be guilty of a misdemeanor, and on conviction, shall be subject to a fine not exceeding one thousand dollars, and to imprisonment not exceeding one year, or both, or either, at the discretion of the court.

164. It shall be unlawful for any committee, or member thereof, directly or indirectly, to demand of any public officer, subordinate or employé, holding any office or position of honor, trust or profit in this commonwealth, or otherwise officials for politi- engaged or employed in the service of this state, or from any officer, subordinate or employé, in any way engaged or employed in the service of any city or county of this state, any assessment or percentage of any money, property or their equiv alent in anything of value, with the understanding, either expressed or implied, that the same may or shall be used for any political purpose whatsoever.

cal purposes prohibited.

Ibid. § 2. Penalty.

165. Any person or persons violating any of the foregoing provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine not to exceed one hundred dollars.

(h) By section 42 of this act, it is provided that all funds arising from fines imposed and collected in pursuance of the foregoing sections, shall be applied to the common schools of the county in which said fines may have been collected, and to be apportioned

among the several school districts according to the population thereof.

(i) See Commonwealth v. Williams, 91 P. S. 493. Howard v. Jacoby, 2 Kulp 21.

XXIX. Embezzlement.

P. L. 410.

166. If any person, being a trustee of any property for the benefit, either wholly 31 March 1860 § 118. or partially, of some other person, or for any public or charitable purpose, shall, with intent to defraud, convert or appropriate the same, or any part thereof, to or Embezzlement by for his own use or purpose, or the use or benefit of any other person, or shall, with trustees. intent aforesaid, otherwise dispose of or destroy such property, or any part thereof, he shall be guilty of a misdemeanor.(k)

Ibid. § 114.

167. If any person, being a banker, broker, attorney, merchant or agent,(/) and being entrusted, for safe custody, with the property of any other person, shall, with Embezzlement by intent to defraud, sell, negotiate, transfer, pledge, or in any manner convert or ap- bankers, &c. propriate to or for his own use, or the use of any other person, such property, or any part thereof, he shall be guilty of a misdemeanor.

Ibid. § 115.

168. If any person entrusted with any power of attorney, for the sale or transfer of any property, shall fraudulently sell or transfer, or otherwise convert such prop Embezzlement by erty, or any part thereof, to his own use or benefit, or the use or benefit of any other attorneys in fact. person, he shall be guilty of a misdemeanor.

P. L. 196.

169. If any person, being an officer, director, superintendent, manager, receiver, 12 June 1878 § 1. employé, agent, attorney, broker, or member of any bank or other body corporate, or public company, municipal or quasi municipal corporation, shall fraudulently Embezzlement by take, convert or apply to his own use, or the use of any other person, any of the officers of bank money or other property of such bank, body corporate or company, municipal or quasi municipal corporation or association, or belonging to any person or persons, corporation or association, and deposited therein, or in possession thereof, he shall be guilty of a misdemeanor.(m)

and other corporations.

P. L. 562.

170. It shall not be lawful for any saving-fund society or company, or any officer 22 April 1863 § 1. or agent thereof, within this commonwealth, to receive on deposit any sum or sums of money whatever, when such society or company has not assets sufficient, at their Fraudulently recash value, to pay all its debts and liabilities; and any officer or agent of any such ceiving money on deposit. society or company, who shall knowingly violate the provisions of this act, by receiving a deposit of any sum or sums of money, shall be deemed guilty of a misdemeanor, and upon conviction, shall be liable to a fine, not exceeding one thousand dollars, and an imprisonment, in the jail of the proper county, for a term not exceeding three years, or both, or either, at the discretion of the court.

9 May 1889. P. L. 145. Receiving deposits with knowledge of insolvency.

Penalty.

171. Any banker, broker or officer of any trust or savings-institution, national, state or private bank, who shall take and receive money from a depositor with the knowledge that he, they or the bank is at the time insolvent, shall be guilty of embezzlement, and shall be punished by a fine in double the amount so received, and imprisoned from one to three years in the penitentiary. 172. Nothing herein contained shall affect any remedy at law or in equity, 31 March 1860 § 122. which any party aggrieved might have heretofore had, nor affect or prejudice any agreement entered into or security given, by any trustee, having for its object the restoration or repayment of any trust property misappropriated.

P. L. 411.

Construction of the preceding section.

Ibid. § 123.

No person to be excused from tes

173. No such trustee, banker, merchant, broker, attorney, agent, director, officer or member as aforesaid, shall be enabled or entitled to refuse to make a full and complete discovery by answer to any bill in equity, or to answer any question or interrogatory in any civil proceeding in any court of law or equity, but no answer tifying. to any such bill, question or interrogatory, shall be admissible in evidence against such person charged with any of the said misdemeanors.(n)

Ibid. § 124.

174. The word "trustee" herein shall mean a trustee on some express trust created by deed, will or instrument in writing, and shall also include the heir, Definition of the devisee and personal representative of any such trustee, and all executors, adminis- words "trustee " trators and assignees; the word "property" shall include every description of real and “ property." and personal property, money, debts and legacies, and all deeds and instruments relating or evidencing the title or right to recover or receive any money or goods, and shall also include not only such property as may have been the original subject of a trust, but any property in which the same may have been converted, and the proceeds thereof, respectively, or anything acquired by such proceeds.

175. If any consignee or factor having the possession of merchandise, (o) with authority to sell the same, or having possession of any bill of lading, permit, cer

(k) This and the succeeding sections are taken from the act of 15 April 1858, P. L. 271. The 123d section is added to the otherwise excellent provisions of this law, in order that the criminal liabilities created by it may not interfere with the obligation of a defendant to answer civilly to the discovery sought by a bill in equity. The 125th section is taken from the 6th section of the act of 14 April 1834, P. L. 377. The 126th section is taken from the 1st and 2d sections of the act of 17 April 1846, P. L. 362. Report on the Penal Code 31.

(1) See Commonwealth v. Newcomer, 49 P. S. 478. Commonwealth v. Gerdemann, 11 Phila. 374; Ibid.

Ibid. § 125.

(m) Embezzlement by the cashier of a national bank is only indictable under the act of congress. Commonwealth v. Ketner, 92 P. S. 372. This section is an amendment of the act 31 March 1860, § 116. By section 5 of this act, the punishment is fixed at a fine not exceeding one thousand dollars, and to undergo an imprisonment by separate or solitary confinement at labor not exceeding six years.

(n) See Schott v. Bragg, 1 T. & H. Pr. § 124. Philadelphia v. Keyser, 10 Phila. 50.

(6) Horses are merchandise within this section. Commonwealth v. Keller, 9 C. C. 253.

P. L. 411.

31 March 1860 §125. tificate, receipt or order for the delivery of merchandise with the like authority, shall deposit, or pledge such merchandise or document, consigned or entrusted to him as aforesaid, as a security for any money borrowed, or negotiable instrument received by such consignee or factor, and shall apply or dispose of the same to his own use, in violation of good faith, with intent to defraud the owner of such merchandise, and if any consignee or factor shall, with like fraudulent intent, apply or dispose of, to his own use, any money or negotiable instrument, raised or acquired by the sale or other disposition of such merchandise, such consignee or Embezzlement by factor in every such case shall be guilty of a misdemeanor, and sentenced to pay a fine, not exceeding two thousand dollars, and undergo an imprisonment, not exceeding five years.(p)

consignees and

factors.

Ibid. § 126.

Embezzlement by transporters, and buying and receiving embezzled goods.

22 April 1863 § 1. P. L. 531.

Embezzlement by

guardians.

1 May 1861 § 36.

P. L. 515.

By bank officers.

11 April 1862 § 1. P. L. 425.

insurance compa

nies.

176. If any person engaged in carrying or transporting coal, iron, lumber or other articles of merchandise or property whatsoever, within this commonwealth, shall fraudulently sell or dispose of, or pledge the same or any part thereof, without the consent of the owner thereof, such offence shall be deemed a misdemeanor, and the offender shall, on conviction, be sentenced to pay a fine, not exceeding five hundred dollars, and to undergo an imprisonment, not exceeding one year, or if any person shall knowingly buy and receive the said merchandise, knowing the same to have been sold, disposed of or pledged fraudulently, he shall, on conviction, be sentenced to the like punishment.

177. The 124th section of the act to which this is a supplement, shall also extend to and include any guardian or guardians of a minor child or children, appointed by the orphans' court of the respective counties, in the same manner as executors, administrators and assignees.

178. Every president, director, cashier, teller, clerk or agent of any bank who shall embezzle, abstract or wilfully misapply any of the moneys, funds or credits of such bank, or shall, fraudulently and without authority from the directors, issue or put in circulation any of the notes of such bank, or shall, without such authority, fraudulently issue or put forth any certificate of deposit, draw any order or bill of exchange, make any acceptance, sign any note, bond, draft, bill of exchange, mortgage or other instrument of writing, or shall make any false entry on any book, report or statement of the bank, with an intent, in either case, to injure or defraud such bank, or to injure or defraud any other company, body corporate or politic, or any individual person, or to deceive any officer or agent appointed to inspect the affairs of any bank, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be confined in the penitentiary, at hard labor, not less than one, nor more than ten years.

179. If any director, officer, agent or other person connected with, or doing business for or with any of said (insurance) companies, shall fraudulently embezzle By officers, &c., of or appropriate to his own use, or the use of any other person or persons, any money or other property belonging to the said institution, or left with or held by the said company, in trust, as a special deposit or otherwise, he or they, on conviction thereof, shall be fined in a sum not less than the amount so appropriated or embezzled, and sentenced to undergo an imprisonment in the penitentiary, in separate and solitary confinement, at labor, for a term not exceeding five years, at the discretion of the court: Provided, That this shall not prevent any person aggrieved from pursuing his, her or their civil remedy against such person or persons.

17 June 1878 § 1. P. L. 212.

Embezzlement by

officers, &c., of insurance and trust

companies, domes

tic or foreign.

31 March 1860 § 65. P. L. 399.

180. If any director, officer, agent or other person connected with or doing business for or with any fire, marine, or life insurance company, trust or annuity company, or any health or casualty insurance company, or any company for the insurance of horses, mules, cattle and live-stock, incorporated by the state of Pennsylvania, or any other state of the United States, or by any foreign government, or organized under the laws of any state or foreign government which has complied with the insurance laws of this commonwealth, shall fraudulently embezzle or appropriate to his own use, or the use of any other person or persons, any money or other property belonging to such company or companies, or left with or held by such company or companies in trust, as a special deposit or otherwise, he or they, on conviction thereof, shall be fined in a sum not exceeding nor less than the amount so appropriated or embezzled, and sentenced to undergo an imprisonment in the penitentiary for a term not exceeding five years, or both such fine and imprisonment, at the discretion of the court. And in the indictment and trial of any case under this act, it shall not be necessary, in order to establish a primâ facie case for the commonwealth, to set forth or prove the incorporation or organization of any such company or companies, except by the verbal testimony of any competent witness.

181. If any state, county, township or municipal officer of this commonwealth,(q) charged with the collection, safe-keeping, transfer or disbursement of public Embezzlement by money,(r) shall convert to his own use, in any way whatsoever, or shall use, by public officers. way of investment in any kind of property or merchandise, any portion of the

(p) See Commonwealth v. Cart, 2 Pitts. 495.

(q) This embraces the treasurer of a school district. Commonwealth v. Morrisey, 86 P. S. 416.

(r) This includes the money of a city. Commonwealth v. Marcer, 29 L. I. 52.

P. L. 399.

public money entrusted to him for collection, safe-keeping, transfer or disburse- 31 March 1860 § 65. ment, or shall prove a defaulter, or fail to pay over the same when thereunto legally required by the state, county or township treasurer, or other proper officer or person authorized to demand and receive the same, every such act shall be deemed and adjudged to be an embezzlement of so much of said money as shall be thus taken, converted, invested, used or unaccounted for, which is hereby declared a misdemeanor; and every such officer, and every person or persons whomsoever aiding or abetting, or being in any way accessory to said act, and being thereof convicted, shall be sentenced to an imprisonment, by separate or solitary confinement at labor, not exceeding five years, and to pay a fine equal to the amount of the money embezzled.(s)

3 June 1885. P. L. 72.

failure to pay over

182. If any person charged with the collection, safe-keeping or transfer of any state, county, township, school, city, borough or municipal taxes, under any law or laws of this commonwealth, shall convert or appropriate the moneys so col- Conversion, mislected, or any part thereof, to his own use, in any way whatsoever, or shall use by appropriation, or way of investment in any kind of property or merchandise any portion of the by tax collectors to money so collected by him from such tax or taxes, and shall prove a defaulter or be embezzlement. fail to pay over the same or any part thereof at the time or times, place or places, required by law, and to the person or persons legally authorized to demand and receive the same, every such act shall be deemed and adjudged to be an embezzlement of so much of said money as shall be thus taken, converted, appropriated, embezzled, invested, used or unaccounted for, which is hereby declared a misdemeanor; and every such tax collector and every person or persons whomsoever aiding or abetting, or being in any way accessory to the act, and being thereof convicted, shall be sentenced to an imprisonment, not exceeding five years, or Punishment. to pay a fine, not exceeding five thousand dollars, or both, at the discretion of the court.

P. L. 439.

183. It shall be lawful, in cases of embezzlement by clerks, servants or other 31 March 1860 § 28. persons in the employ of another, to charge in the indictment, and proceed against an offender for any distinct acts of embezzlement, not exceeding three, which may Distinet acts of have been committed by him against the same master or employer, within the embezzlement may be charged in one space of six calendar months, from the first to the last of such acts, and in every indictment. such indictment, except where the offence shall relate to a chattel, it shall be sufficient to allege the embezzlement to be of money, without specifying any particular coin or valuable security; and such allegation, so far as regards the description of the property, shall be sustained, if the offender shall be proved to have embezzled any amount, although the particular species of coin or valuable security of which such amount was composed, shall not be proved, or if he shall be proved to have embezzled any piece of coin or valuable security, or any portion of the value thereof, although such piece of coin or valuable security may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same, and such part shall have been returned accordingly.

XXX. Embracery.

P. L. 387.

184. If any person shall attempt to corrupt or influence any juror in a criminal 31 March 1860 § 12. or civil court,(t) or any arbitrator appointed according to law, by endeavoring, either in conversation or by written communication, or by persuasion, promises or Embracery deentreaties, or by any other private means, to bias the mind or judgment of such fined. juror or arbitrator, as to any cause pending in the court to which such juror has been summoned, or in which such arbitrator has been appointed or chosen, except by the strength of evidence or the arguments of himself or his council, during the trial or hearing of the case;(u) he shall be guilty of a misdemeanor, and on conviction, be sentenced to pay a fine, not exceeding five hundred dollars, or suffer an imprisonment, not exceeding one year, or both, or either, at the discretion of the court.(v)

(8) This appears to have supplied the 10th section of the act 27 May 1841; tit. "County Treasurers.”

(f) It is both a criminal misdemeanor and a high contempt in an individual to communicate with a grand jury, in reference to any matter which is, or may come before them. Commonwealth v. Crans, 2 Clark 172.

(u) See Commonwealth v. McBride, 41 L. I. 104. (r) The offence prescribed against in this section is that known at the common law as embracery, which consists in any attempt whatsoever to corrupt or influence a jury in a case beforehand, or in any way to incline them to be more favorable to the one side than to the other, by money, promises, letters, threats or persuasions, except only by the strength of the evidence and the arguments of counsel, in open court, at

the trial of the cause. This mischievous and dangerous offence is punished at common law by fine and imprisonment, at the discretion of the court. It was also punished by the statute 38 Edw. III., which was recommended to be incorporated into our statutes by the report of the judges of the supreme court made to the legislature in 1808. The section extends the crime to arbitrators, and makes no other modification in the common-law punishment, except to fix a limit not to be transcended by the courts. The only existing legislation on this crime is to be found in the 162d section of the act of the 14th April 1834, P. L. 369, which provides for its punishment as a criminal misdemeanor. Report on the Penal Code 14. See Commonwealth v. Kauffman, 1 Phila. 534. Blaine v. Chambers, 1 S. & R. 169. Chahoon v. Hackley, 2 Luz. L. Obs. 83.