Official misconduct and neglect.

such officer, upon conviction thereof, shall suffer the punishment incident to the crime with which such prisoner, thus escaping, shall have been charged or convicted. 2 R. S. 447, 448.

CHARGE.

day of

in the year, at said

That A. B., on the county, was one of the constables within and for the township of in said county, and that C. D. was then and there one of the justices of the peace within and for said county, and that E. F., then and there, before said justice, made his complaint in writing, in the words and figures following: [here insert the complaint]; and then and there, before said justice, subscribed the same, and was duly sworn to the truth thereof; and afterward, to wit, on the day and year aforesaid, and at the county aforesaid, the said G. H., in said complaint named, was duly brought before the justice aforesaid, in the custody of the said A. B., constable as aforesaid, to be examined concerning the offense in said complaint mentioned; and such examination was then and there had before said justice, whereupon, and because the said G. H. could not then find sureties for his personal appearance at the next term of the · circuit court, to answer for said offense, he, the said justice, then and there made his certain warrant and mittimus, under his hand and seal, in the words and figures following: [here insert the mittimus], and the said justice then and there delivered the said warrant and mittimus to the said A. B., constable as aforesaid, and then and there required and commanded him immediately to convey the said G. H. (who was then and there in custody as aforesaid, before the said justice), to the jail of the county of and to deliver the said G. H. to the keeper thereof, together with the aforesaid warrant and mittimus; yet, the said A. B., constable as aforesaid, unlawfully and feloniously did suffer said G. H. to escape from the custody of the said A. B., and to go at large.

Recording deed without certificate of auditor.

SEC. 75. If any county recorder shall record any deed of conveyance without having the certificate of transfer indorsed thereon, by the proper auditor, he shall be fined five dollars. 2 R. S. 481.

Bribery.

and that, while acting as such recorder, at his office in said county, the said A. B., on the day aforesaid, unlawfully recorded a certain deed of conveyance of real estate, situate in said county, which conveyance was made from C. D. to E. F., and said deed was so recorded by the said A. B., in the deed records of said county, without having the certificate of transfer indorsed thereon by the auditor of said county.

SEC. 26. BRIBERY.

SEC. 39. If any officer intrusted with the administration of justice, or any person holding an office of trust or profit under the laws of this state, or any member of the general assembly of this state, or any officer thereof, or any member of any board of common council of any incorporated city, or trustee of any incorporated town in this state, shall take any money, gift, property, or undue reward, to influence his behavior, vote, or action in office or discharge of official duty; or any person who shall offer any money, gift, property, or undue reward to influence the behavior of such officer or member, shall on conviction thereof be fined in any sum not exceeding ten thousand dollars and be imprisoned in the state prison for any determined period not exceeding ten years, and be ineligible to hold any office of trust or profit and disfranchised for any determinate period. 2 R. S. 443.

CHARGES.

1. Offer to bribe justice of the peace.

day of

That A. B., on the in the year at the county aforesaid, was one of the justices of the peace within and for the said county; and that the said E. F., on the day and year last aforesaid, and at the county aforesaid, well knowing the premises, did unlawfully and feloniously propose and offer to the said A. B., a certain sum of money, to-wit, one United States treasury note, of the denomination and value of ten dollars, of the property of said E. F., as an undue reward to influence his behavior in his said office of justice of the peace, by inducing him to decide in favor of the said E. F., a certain action of debt then and there depending before the said A. B., as such justice of the peace, as aforesaid, in which the said

Bribery.

E. F. was defendant, and one G. H. was plaintiff. See Bicknell's Crim. Pr. 381.

2. Justice of the peace accepting bribe.

day of

in the

year

That A. B., on the at said county, was an officer intrusted with the administration of justice, to-wit, one of the justices of the peace within and for the said county, and that there was then and there depending before the said A. B., as such justice, a certain action of debt, wherein one C. D. was plaintiff, and one E. F. was defendant, and that the said A. B., as such justice, then and there unlawfully, feloniously, and corruptly took and received, from the said C. D., a certain sum of money, to-wit, one United States treasury note, of the denomination and value of ten dollars, and the property of said C. D., as an undue reward to influence his behavior and action in office, thereby inducing him, the said A. B., unlawfully, feloniously, and corruptly then and there to decide said cause for the said C. D., and against the said E. F.

5. Prosecuting attorney accepting bribe.

day of

in the year

day of, in the year

the

circuit

That on the one A. B., and one C. D., were duly charged at said county, with having committed a felony, to-wit, the crime of larceny, in having theretofore, to wit, on the day of, in the year — at said county, feloniously stolen, taken, and carried away ten bushels of wheat, of the value of ten dollars, of the goods and chattels of E. F. That afterward, to-wit, on the grand jury of said county, duly returned into the court, an indictment, then and there, and thereby and therein charging and presenting them, the said A. B. and the said C. D., with the felony aforesaid, and said indictment was then and there depending and undisposed of, and that G. H., on the day of in the year --, at said county, was an officer intrusted with the administration of justice, to-wit, prosecuting attorney within and for the judicial circuit of said state, duly elected, qualified, and acting as such, and that it then and there became the duty of said G. H., on behalf of said State of Indiana, to prosecute said indictment so depending against said A. R. and C. D.; but that the said G. H., being then and there prosecuting attorney, at aforesaid, on the day aforesaid, at said county, did feloniously and corruptly receive, accept, and take from the said A. B., a certain sum of

Bribery.

money, to-wit, one United States treasury note, of the denomination and value of ten dollars, as an undue reward to influence his, the said G. H.'s, behavior and action, in office, in the prosecution of said felony, thereby inducing the said G. H., unlawfully, feloniously, and corruptly then and there to enter a nolle prosequi in said

cause.

A prosecution will lie against a justice of the peace, even though the case in which the bribe is offered is not yet instituted. 2 Whart. Crim. Law, § 2815.

It is not necessary that any improper act should result on the part of the officer. It is enough if he corruptly agree to open himself to improper influence. Id. § 2517, and note.

A prosecuting attorney is an officer intrusted with the administration of justice. 33 Ind. 189.

Bribery of jurors.

SEC. 17. Every person who shall attempt to influence a jury by promises, entreaties, money, entertainments, or the like, or who, being a juror, shall take gain for giving a verdict, shall be fined not exceeding five hundred dollars, be imprisoned not exceeding six months, and be ever after incapable of serving as a juror. 2 R. S. 465.

CHARGE.

day of

to-wit, at

That A. B., on the in the year the term, in the year of the circuit court, was duly and legally appointed, impaneled, qualified, and sworn as a petit juror, in a cause then depending and being tried in said court, wherein C. D. was plaintiff, and E. F. was defendant. That during the progress of the trial of said cause, and while the said A. B. was then and there a juror in the same, as aforesaid, he, the said A. B., was given by, and unlawfully took of and from, the said E. F., a certain sum of money, to-wit, one United States treasury note, of the denomination and value of ten dollars, of the property of said E. F., which said sum, he, the said A. B., then and there so did take as and for a gain for giving a verdict for the said E. F.

Failing to return marriage certificate, etc.

SEC. 27. FAILING TO RETURN MARRIAGE CERTIFICATE, ETC.

SEC. 54. Any person having solemnized a marriage, who shall fail to return a certificate thereof, within the time prescribed by law, shall be fined not less than five nor more than one hundred dollars. 2 R. S. 475.

Who may solemnize marriage.

SEC. 3. Marriages may be solemnized by ministers of the gospel and priests of every church throughout the state, judges of courts of record, and justices of the peace, within their respective counties, and by the Society of Friends, and German Baptists, according to the rules of their societies: Provided, that no marriage, legal in other respects, shall be void on account of the incapacity of the person solemnizing the same. 1 R. S. 625.

Within what time certificate must be returned.

SEC. 8. Every person who shall solemnize any marriage, by virtue of the provisions of this act, shall, within three months. thereafter, file a certificate thereof in the clerk's office of the county in which such marriage was solemnized, which certificate shall by such clerk be recorded, together with such license, and such record or a copy thereof shall be presumptive evidence of the facts therein stated. 1 R. S. 625.

CHARGE.

at said

That A. B., on the day of, in the year county, was a justice of the peace, within and for said county, and, as such justice of the peace, did then and there solemnize a marriage between one A. B. and one C. D., they, the said A. B. and C. D., being then and there competent to contract said marriage; and that, although more than three months have elapsed since the said soleminzation of said marriage, yet the said A. B. has not, at any time since the said solemnization, filed in the office of the clerk of said county a certificate of the solemnization of said marriage, but has unlawfully failed and neglected so to do for more than three months immediately following said marriage. Bicknell's Crim. Pr.