Any public officer who being prompted by corrupt or dishonest motives, does any act as an officer which he is not by law authorized to do, in such a manner as is likely to deceive and mislead others, commits the offense of malfeasance in office.28 For instance one who wilfully disregards his plain duty as a public officer in awarding a contract for the public and lets the contract to the disadvantage of the public, commits an offense.29

23 State vs. Sales, 2 Nev., 268.

24 People vs. Squires, 99 Cal., 327.

25 State vs. McCrystol, 43 La., 907;

White vs. State, 103 Ala., 72. 26 People vs. Meyers, 70 Cal., 582;

State vs. Williams, 136 Mo., 293 27 State vs. Brown, 95 N. C, 685.

28 State vs. Wedge, 24 Minn., 150;

4 Blackstone Com., 141; 2

McClain Cr. Law, Sec. 914;

1 Bish. New Cr. Law, Sec. 573;

Underbill's Cr. Ev., Sec. 456;

Hughes Cr. Law, Sec. 1542. 29 State vs. Kern, 51 N. J. L., 259.

A public officer by depositing in a bank, public money entrusted to him, on which he receives interest for himself, commits an offense under a statute forbidding any public officer to use for his own gain any funds of the public entrusted to him as such officer.30

An officer who refuses to discharge his plain duty commits malfeasance, such for instance as a collector of taxes, when the same is tendered him though not by the person owing the taxes.31 A justice of the peace by doing an act corruptly knowing that he is not authorized to do so commits malfeasance.32