§ 164. Grand juror acting after challenge has been allowed. Every grand juror who, with knowledge that a challenge interposed against him by a defendant has been allowed, is present at, or takes part, or attempts to take part in the consideration of the charge against the defendant who interposed the challenge, or the deliberations of the grand jury thereon, is guilty of a misdemeanor. En. February 14, 1872.

§ 165. Bribing boards of supervisors, etc. Every person who gives or offers a bribe to any member of any common council, board of supervisors, or board of trustees of any county, city, or corporation, with intent to corruptly influence such member in his action on any matter or subject pending before the body of which he is a member, and every member of either of the bodies mentioned in this section who receives or offers to receive any such bribe, is punishable by imprisonment in the state prison for a term not less than one nor more than fourteen years, and is disqualified from holding any office in this state. En. February 14, 1872.

Cal.Rep.Cit. 93, 631; 110, 372; 110, 374.

§ 166. Criminal contempts. Every person guilty of any contempt of court of either of the following kinds, is guilty of a misdemeanor:

1. Disorderly, contemptuous, or insolent behavior committed during the sitting of any court of justice, in immediate view and presence of the court, and directly tending to interrupt its proceedings or to impair the respect due to its authority.

2. Behavior of the like character committed in the presence of any referee, while actually engaged in any trial or hearing, pursuant to the order of any court, or in the presence of any jury while actually sitting for the trial of a cause, or upon any inquest or other proceedings authorized by law.

3. Any breach of the peace, noise, or other disturbance

directly tending to interrupt the proceedings of any court.

4. Willful disobedience of any process or order lawfully issued by any court.

5. Resistance willfully offered by any person to the lawful order or process of any court.

6. The contumacious and unlawful refusal of any person to be sworn as a witness; or, when so sworn, the like refusal to answer any material question.

7. The publication of a false or grossly inaccurate report of the proceedings of any court.

8. Presenting to any court having power to pass sentence upon any prisoner under conviction, or to any member of such court, any affidavit, or testimony, or representation of any kind, verbal or written, in aggravation or mitigation of the punishment to be imposed upon such prisoner, except as provided in this code. En. February 14, 1872.

Post, sec. 657.

Cal.Rep.Cit. 64, 438; 69, 543; 99, 361.
Contempt punishable as a crime:
Contempts.-Power of court to punish:

secs. 128, 177, 178.

Code Civ. Proc.,

§ 167. False certificates by public officers. Every public officer authorized by law to make or give any certificate or other writing, who makes and delivers as true ary such certificate or writing, containing statements which he knows to be false, is guilty of a misdemeanor. En. February 14, 1872.

§ 168. Disclosing fact of indictment having been found. Every grand juror, district attorney, clerk, judge, or other officer who, except by issuing or in executing a warrant of arrest, 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. En. February 14, 1872.

Cal.Rep.Cit. 63, 424.

§ 169. Disclosing what transpired before the grand jury. Every grand juror who, except when required 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. En. February 14, 1872.

§ 170. Maliciously procuring search warrant. Every person who maliciously and without probable cause procures a search warrant or warrant of arrest to be issued and executed, is guilty of a misdemeanor. En. February 14, 1872.

§ 171. Unauthorized communication with convict. Every person, not authorized by law, who, without the consent of the warden, or other officer in charge of the state prison, communicates with any convict therein, or brings into or conveys out of the state prison any letter or writing to or from any convict, is guilty of a misdemeanor. En. February 14, 1872.

§ 172. Keeping liquor within two miles of state prison. Every person who, within two miles of the land belonging to this state, upon which the state prison is situated, or within one mile of the insane asylum at Napa, or within one mile of the grounds belonging and adjacent to the University of California in Alameda County, or in the state capitol, or within the limits of the grounds adjacent and belonging thereto, sells, gives away, or exposes for sale, any vinous or alcoholic liquors, is guilty of a misdemeanor. En. February 14, 1872. Am'd. 1875-6, 109. Cal.Rep.Cit. 61, 437.

Act to prevent sale of liquors near Soldiers' Home: See post, Appendix, title Intoxicating Liquors.

Act to prohibit sale of intoxicants in state capitol: See post, Appendix, title Intoxicating Liquors.

Act to prohibit sale of intoxicants near state university: See post, Appendix, title Intoxicating Liquors.

§ 173. Importing foreign convicts. Every captain, master of a vessel, or other person, who willfully imports, brings, or sends, or causes or procures to be brought or sent into this state, any person who is a foreign convict of any crime which, if committed within this state, would be punishable therein, (treason and misprision of treason excepted) or who is delivered or sent to him from any prison or place of confinement in any place without this state, is guilty of a misdemeanor. En. February 14, 1872.

$174. Bringing Chinese into the state. Every person bringing to or landing within this state any person born either in the empire of China or Japan, or the islands adjacent to the empire of China, without first presenting to the commissioner of immigration evidence satisfactory to such commissioner that such person desires voluntarily to come into this state, and is a person of good character, and obtaining from such commissioner a permit describing such person and authorizing the landing, is punishable by a fine of not less than one nor more than five thousand dollars, or by imprisonment in the county jail not less than two nor more than twelve months. En. February 14, 1872.

§ 175. Separate and distinct prosecution. Every individual person of the classes referred to in the two preceding sections, brought to or landed within this state contrary to the provisions of such sections, renders the person bringing or landing liable to a separate prosecution and penalty. En. February 14, 1872.

§ 176. Omission of duty by public officer. Every willful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision shall have been made

for the punishment of such delinquency, is punishable as a misdemeanor. En. February 14, 1872.

Cal. Rep.Cit. 47, 130; 47, 131; 84, 310.

§ 177. Offense for which no penalty is prescribed. When an act or omission is declared by a statute to be a public offense, and no penalty for the offense is prescribed in any statute, the act or omission is punishable as a misdemeanor. En. February 14, 1872. Am'd. 1873-4, 426. Cal.Rep. Cit. 62, 310.

§ 178. Officers of corporations not to employ Chinese. Any officer, director, manager, member, stockholder, clerk, agent, servant, attorney, employee, assignee, or contractor of any corporation now existing or hereafter formed under the laws of this state, who shall employ, in any manner or capacity, upon any work or business of such corporation any Chinese or Mongolian, is guilty of a misdemeanor, and is punishable by a fine of not less than one hundred nor more than one thousand dollars, or by imprisonment in the county jail of not less than fifty nor more than five hundred days, or by both such fine and imprisonment; provided, that no director of a corporation shall be deemed guilty under this section who refuses to assent to such employment, and has such dissent recorded in the minutes of the board of directors.

1. Every person who, having been convicted for violating the provisions of this section, commits any subsequent violation thereof after such conviction, is punishable as follows:

2. For each subsequent conviction, such person shall be fined not less than five hundred nor more than five thousand dollars, or by imprisonment not less than two hundred and fifty days nor more than two years, or by both such fine and imprisonment. En. Stats. 1880, 1.

179. Corporations not to employ Chinese. Any corporation now existing, or hereafter formed under the laws