five hundred dollars and imprisonment in the county jail not exceeding six months. En. February 14, 1872. § 102. Retaking goods from custody of officer. Every person who willfully injures or destroys, or takes or attempts to take, or assists any person in taking or attempting to take, from the custody of any officer or person any personal property which such officer or person has in charge under any process of law, is guilty of a misdemeanor. En. February 14, 1872. § 109. § 110. § 111. § 105. Assisting prisoner to escape. Carrying into prison things useful to aid in an escape. Escapes from state prison. Every prisoner confined in the state prison for a term less than for life, who escapes therefrom, is punishable by imprisonment in the state prison for a term equal in length to the term he was serving at the time of such escape; said second term of imprisonment to commence from the time he would otherwise have been discharged from said prison. En. February 14, 1872. Am'd. 1880, 42. Cal.Rep.Cit. 88, 170; 132, 348; 135, 343. See section 109 of this code for the punishment imposed in this state upon a person who assists a prisoner confined in any prison, or in the lawful custody of any officer or person, to escape. Escape suffered by officers: Post, sec. 108. Killing escaped prisoner is justifiable, when: See post, sec. 196. § 106. Attempt to escape from state prison. Every prisoner confined in the state prison for a term less than for life, who attempts to escape from such prison, is guilty of a felony, and, on conviction thereof, the term of imprisonment therefor shall commence from the time such convict would otherwise have been discharged from said prison. En. February 14, 1872. Am'd. 1880, 42. § 107. Escapes from other than state prison. Every prisoner confined in any other prison than a state prison, who escapes or attempts to escape therefrom, is guilty of a misdemeanor. En. February 14, 1872. § 108. Officers suffering convicts to escape. Every keeper of a prison, sheriff, deputy sheriff, constable, or jailer, or person employed as a guard, who fraudulently contrives, procures, aids, connives at, or voluntarily permits the escape of any prisoner in custody, is punishable by imprisonment in the state prison not exceeding ten years, and fine not exceeding ten thousand dollars. En. February 14, 1872. § 109. Assisting prisoner to escape. Every person who willfully assists any prisoner confined in any prison, or in the lawful custody of any officer or person, to escape, or in an attempt to escape from such prison or custody, is punishable as provided in section one hundred and eight of this code. En. February 14, 1872. § 110. Carrying into prison things useful to aid in an escape. Every person who carries or sends into a prison anything useful to aid a prisoner in making his escape, with intent thereby to facilitate the escape of any prisoner confined therein, is punishable as provided in section one hundred and eight of this code. En. February 14, 1872. § 111. Expense of trial for escape. Whenever a trial shall be had of any person under any of the provisions of sections one hundred and five and one hundred and six of this code, and whenever a convict in the state prison shall be tried for any crime committed therein, the county clerk of the county where such trial is had shall make out a statement of all the costs incurred by the county for the trial of such case, and of guarding and keeping such convict, properly certified to by a superior judge of said county, which statement shall be sent to the board of state prison directors for their approval; and after such approval, said board shall cause the amount of such costs to be paid out of the money appropriated for the support of the state prison, to the county treasurer of the county where such trial was had. En. Stats. 1880, 9. CHAPTER IV. FORGING, STEALING, MUTILATING, AND FALSIFYING JUDICIAL AND PUBLIC RECORDS AND DOCUMENTS. § 113. § 114. § 115. § 116. § 117. Larceny, destruction, etc., of records by officers. § 113. Larceny, destruction, etc., of records by officers. Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his hands for any purpose, who is guilty of stealing, willfully destroying, mutilating, defacing, altering or falsifying, removing or secreting the whole or any part of such record, map, book, paper, or proceeding, or who permits any other person so to do, is punishable by imprisonment in the state prison not less than one nor more than fourteen years. En. February 14, 1872. Cal.Rep.Cit. 96, 174; 96, 175; 96, 179; 96, 180. § 114. Larceny, destruction, etc., of records by others. Every person not an officer such as is referred to in the preceding section, who is guilty of any of the acts specified in that section, is punishable by imprisonment in the state prison not exceeding five years, or in a county jail not exceeding one year, or by a fine not exceeding one hundred dollars, or by both. En. February 14, 1872. Cal.Rep.Cit. 96, 174; 96, 180. § 115. Offering false or forged instruments to be recorded. Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instrument, if genuine, might be filed, or registered, or recorded under any law of this state, or of the United States, is guilty of felony. En. February 14, 1872. Cal. Rep.Cit. 84, 569; 133, 2. § 116. Adding names, etc., to jury lists. Every person who adds any names to the list of persons selected to serve as jurors for the county, either by placing the same in the jury-box, or otherwise, or extracts any name therefrom, or destroys the jury-box, or any of the pieces of paper containing the names of jurors, or mutilates or defaces such names so that the same cannot be read, or changes such names on the pieces of paper, except in cases allowed by law, is guilty of a felony. En. February 14, 1872. Am'd. 1873-4, 425. § 117. Falsifying jury lists, etc. Every officer or person required by law to certify to the list of persons selected as jurors, who maliciously, corruptly, or willfully certifies to a false or incorrect list, or a list containing other names than those selected, or who, being required by law to write down the names placed on the certified lists on separate pieces of paper, does not write down and place in the jury-box the same names that are on the certified list, and no more and no less than are on such lists, is guilty of a felony. En. February 14, 1872. § 123. § 124. § 125. § 126. § 127. § 128. Knowledge of materiality of testimony not necessary. Making depositions, etc., when deemed complete. Statement of that which one does not know to be true. Subornation of perjury. Procuring the execution of innocent persons. § 118. Perjury defined. Every person who, having taken an oath that he will testify, declare, depose, or certify truly before any competent tribunal, officer, or person in any of the cases in which such an oath may by law be administered, willfully and contrary to such oath states as true any material matter which he knows to be false, is guilty of perjury. En. February 14, 1872. Cal.Rep.Cit. 54, 528; 59, 374; 59, 379; 63, 63; 64, 271; 103, 427; 111, 658; 113, 75; 117, 682; 120, 132; 120, 134; 120, 135; 122, 680; 131, 260; 133, 368; 136, 392; 137, 264; 137, 266. See post, sec. 121, as to oaths administered in an irregular manner. § 119. Oath defined. The term "oath," as used in the last section, includes an affirmation and every other mode authorized by law of attesting the truth of that which is stated. En. February 14, 1872. Cal.Rep.Cit. 133, 370. Manner of administering oath.-That mode of swearing which the witness believes most obligatory may be adopted. No special form of oath or affirmation is required: Code Civ. Proc., secs. 2093-2097; see also sec. 121, post. § 120. Oath of office. So much of an oath of office as relates to the future performance of official duties is not |