Page:1887 Compiled Laws of Dakota Territory.pdf/1078

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§§ 6290-6297
PENAL CODE.
Crimes by and Against the

ground that his statement might tend to criminate himself, but any person so testifying against the other party shall thereafter be exempt from punishment for such offense mentioned in said section.

Election defined.
s. 90, Pen. C.

§ 6290. The word "election," as used in this chapter, designates only elections had within this territory for the purpose of enabling electors, as such, to choose some public officer or officers under the laws of this territory, or of the United States.

Irregularities in election no defense.
s. 91, Pen. C.

§ 6291. Irregularities or defects in the mode of noticing, convening, holding or conducting an election authorized by law, form no defense to a prosecution for a violation of the provisions of this chapter.

Not apply to legal interference.
s. 92, Pen. C.

§ 6292. Nothing in this chapter shall be construed to authorize the punishment of any persons who, by authority of law, may interfere to prevent or regulate an election which has been unlawfully noticed or convened, or is being, or is about to be, unlawfully conducted.

Election for determination of question.
s. 93, Pen. C.

§ 6293. Every act which by the provisions of this chapter is made criminal when committed with reference to the election of a candidate, is equally criminal when committed with reference to the determination of a question submitted to electors to be decided by votes cast at an election.

Good faith a defense.
s. 94, Pen. C.

§ 6294. Upon any prosecution for procuring, offering, or casting an illegal vote, the accused may give in evidence any facts tending to show that he honestly believed upon good reason that the vote complained of was a lawful one; and the jury may take such facts into consideration in determining whether the acts complained of were knowingly done or not.

Selling liquor on election day.
s. 95, Pen. C.

§ 6295. Every person who sells, gives away or disposes of any intoxicating liquors as a beverage, on the day of any general election, or special or local election, in the town, city or county where held, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by imprisonment in the county jail not to exceed twenty days, and by fine not exceeding one hundred and not less than fifty dollars, such fine to go to the county general fund.

CHAPTER 6.

OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE TERRITORY.

Section.

6296. Usurping office.

6297. Acts of officer de facto.

6298. Falsely assuming office.

6299. Giving or offering bribes to executive officer.

6300. Asking or receiving bribes.

6301. Preventing officer's duty.

6302. Resisting executive officer.

6303. Taking excessive fees.

6304. Taking reward for omitting or delaying official acts.

Section.

6305. Fees for service not rendered.

6306. Taking unlawful reward.

6307. Buying appointinents to office.

6308. Selling appointments to office.

6309. Reward for deputation.

6310. Unlawful deputation is void.

6311. Exercising functions of office after term expires.

6312. Refusal to surrender books.

6313. Administrative officers.

Usurping office.
s. 96, Pen. C.

§ 6296. Every person who executes any of the functions of a public office without having taken and duly filed the required oath of office, or without having executed and duly filed the required security, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor, he forfeits his right to the office.

Acts of officer de fecto.
s. 97, Pen. C.

§ 6297. The last section shall not be construed to affect the validity of acts done by a person exercising the functions of a public office in fact, where other persons than himself are interested in maintaining the validity of such acts.

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