Page:1887 Compiled Laws of Dakota Territory.pdf/1079

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Executive Power.
PENAL CODE.
§§ 6298-6307

Falsely assuming an office.
s. 98, Pen. C.

§ 6298. Every person who shall falsely assume or pretend to be any territorial, county or township officer, or who shall knowingly take upon himself to act as such, or to require any person to act as such, or assist him in any matter pertaining to such office, shall be punished by imprisonment in the county jail, not more than two years nor less than three months, and by fine not exceeding five hundred nor less than fifty dollars.

Giving or offering bribes to executive officer.
s. 99, Pen. C.

§ 6299. Every person who gives or offers any bribe to any executive officer of this territory, with intent to influence him in respect to any act, decision, vote, opinion, or other proceedings of such officer, is punishable by imprisonment in the territorial prison not exceeding ten years, or by a fine not exceeding five thousand dollars, or both.

Asking or receiving bribes.
s. 100, Pen. C.

§ 6300. Every executive officer or person elected or appointed to executive office who asks, receives or agrees to receive any bribe upon any agreement or understanding that his vote, opinion or action upon any matter then pending, or which may by law be brought before him in his official capacity, shall be influenced thereby, is punishable by imprisonment in the territorial prison not exceeding ten years, or by a fine not exceeding five thousand dollars, or both; and in addition thereto, forfeits his office and is forever disqualified from holding any public office under this territory.

Preventing officer's duty.
s. 101, Pen. C.

§ 6301. Every person who attempts, by means of any threat or violence, to deter or prevent any executive officer from performing any duty imposed upon such officer by law, is guilty of a misdemeanor.

Resisting executive officer.
s. 102, Pen. C.

§ 6302. Every person who knowingly resists, by the use of force or violence, any executive officer in the performance of his duty, is guilty of a misdemeanor.

Taking excessive fees.
s. 103, Pen. C.

§ 6303. Every executive officer who asks or receives any emolument, gratuity or reward, or any promise of any emolument, gratuity or reward, excepting such as may be authorized by law, for doing any official act, is guilty of a misdemeanor.

Taking reward for omitting or delaying official acts.
s. 104, Pen. C.

§ 6304. Every executive officer who asks or receives any for omitting or emolument, gratuity or reward, or any promise of any emolument, gratuity or reward, for omitting or deferring the performance of any official duty, is guilty of a misdemeanor.

Fees for service not rendered.
s. 105, Pen. C.

§ 6305. Every executive officer who asks or receives any fee or compensation for any official service which has not been actually rendered, except in cases of charges for prospective costs, or of fees demandable in advance in the cases allowed by law, is guilty of a misdemeanor.

Taking unlawful reward.
s. 106, Pen. C.

§ 6306. Every officer of this territory who asks or receives any compensation, fee or reward of any kind for any service rendered or expense incurred in procuring from the governor of this territory a demand upon the executive authority of a state or territory of the United States, or of a foreign government, for the surrender of a fugitive from justice, or of any service rendered or expense incurred in procuring the surrender of such fugitive, or of conveying him to this territory or for detaining him therein, except upon an employment by the governor of this territory, and upon an account duly audited and paid out of the territorial treasury, is guilty of a misdemeanor.

Buying appointments to office.
s. 107, Pen. C.
§ 6307. Every person who gives or agrees, or offers to give any gratuity or reward in consideration that himself or any other person shall be appointed to any public office, or shall be permitted to, or to exercise, perform or discharge the preroga-

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