Page:Revised Codes of the State of North Dakota 1895.pdf/1273

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Rescues.
PENAL CODE.
§§ 6942-6941

1. By means of any communication, oral or written, had with him except in the regular course of proceedings upon the trial of the cause:

2. By means of any book, paper or instrument exhibited otherwise than in the regular course of proceedings upon the trial of the cause:

3. By means of any threat or intimidation;

4. By means of any assurance or promise of any pecuniary or other advantage; or,

5. By publishing any statement, argument or observation relating to the cause,

Is guilty of a misdemeanor.

§ 6942. Drawing jurors fraudulently. Every person authorized by law to assist at the drawing of any jurors to attend any court, who willfully puts or consents to the putting upon any list of jurors as having been drawn, any name which shall not have been drawn for that purpose in the manner prescribed by law; or, who omits to place on such list any name that shall have been drawn in the manner prescribed by law; or, who signs or certifies any list of jurors as having been drawn which was not drawn according to law; or, who is guilty of any other unfair, partial or improper conduct in the drawing of any such list of jurors, is guilty of a misdemeanor.

§ 6943. Misconduct of officer in charge of jury. Every officer to whose charge any jury is committed by any court or magistrate, who negligently or willfully permits them or any of them, either:

1. To receive any communication from any person;

2. To make any communication to any person;

3. To obtain or receive any book or paper or refreshment; or,

4. To leave the jury room without the leave of such court or magistrate first obtained,

Is guilty of a misdemeanor.

CHAPTER 9.

RESCUES.

§ 6944. Rescuing persons from custody. Every person who by force or fraud rescues or attempts to rescue, or aids another person in rescuing or in attempting to rescue any prisoner from any officer or other person having him in lawful custody, is punishable as follows:

1. If such prisoner was in custody upon a charge or conviction of felony, by imprisonment in the penitentiary not less than ten years.

2. If such prisoner was in custody otherwise than upon a charge or conviction of felony, by imprisonment in a county jail not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment.