Page:Revised Codes of the State of North Dakota 1895.pdf/1285

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Other Offenses.
PENAL CODE.
§§ 7028-7036

§ 7028. Public officer. Duty omitted. Punishment. When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every willful omission to perform such duty when no special provisions shall have been made for the punishment of such delinquency, is punishable as a misdemeanor.

§ 7029. Doing prohibited act. Punishment. When the performance of an act is prohibited by any statute and no penalty for the violation of such statute is imposed in any statute the doing of such act is a mislemeanor.

§ 7030. Disclosing presentment, Indictment. Every grand juror, state's attorney, clerk, judge or other officer, who, excepting by the issuing or in the executing of a warrant to arrest the defendant, 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.

§ 7031. Disclosing jury's proceedings. 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.

§ 7032. Action in a false name. Every person who maliciously institutes or prosecutes any action or legal proceeding, or makes or procures any arrest in the name of a person who does not exist or has not consented that it be instituted or made, is guilty of a misdemeanor.

§ 7033. Maliciously procuring search. Every person who maliciously and without probable cause, procures a search warrant to be issued and executed, is guilty of a misdemeanor.

§ 7034. Communicating with inmate of penitentiary. Every person who, not being authorized by law or by consent of the waren, deputy warden or other person in charge of the penitentiary, communicates with any inmate of the penitentiary or brings into, or conveys out of, the penitentiary any letter or printing, to or from any such inmate, is guilty of a misdemeanor.

§ 7035. County Auditor. Neglect to canvass returns. Every county auditor who willfully refuses or neglects to canvass the election returns of his county, or neglects to make proper abstracts thereof and forward the same to the proper officer, as is or may hereafter be provided by law, or fails to issue certificates of election to the persons lawfully entitled thereto, is punishable by a fine not exceeding one hundred dollars for each refusal or neglect.

§ 7036. False certificates. Every public officer who, being authorized by law to make or give any certificate or other writing, knowingly makes and delivers as true any such certificate or writing containing any statement which he knows to be false, is guilty of a misdemeanor.