Page:1887 Compiled Laws of Dakota Territory.pdf/1089

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Public Justice.
PENAL CODE.
§§ 6375-6384

person as a prisoner, wilfully neglects or refuses so to receive such person into his custody, is guilty of a misdemeanor.

Delaying to take before magistrate.
s. 175, Pen. C.

§ 6375. Every public officer or other person having arrested any person upon any criminal charge, who wilfully delays to take take such person before a magistrate having jurisdiction to take his examination, is guilty of a misdemeanor.

Arrest without lawful authority.
s. 176, Pen. C.

§ 6376. Every public officer or person pretending to be a public officer, who under the pretense or color of any process or other legal authority, arrests any person, or detains him against his will, or seizes or levies upon any property, or dispossesses anyone of any lands or tenements without due and legal process, is guilty of a misdemeanor.

Misconduct in executing search warrants.
s. 177, Pen. C.

§ 6377. Every peace officer who, in executing a search misconduct in warrant, wilfully exceeds his authority, or exercises it with unnecessary severity, is guilty of a misdemeanor.

Refusing to aid officer.
s. 178, Pen. C.

§ 6378. Every person who, after having been lawfully commanded to aid any officer in arresting any person or in retaking any person who has escaped from legal custody, or in executing any legal process, wilfully neglects or refuses to aid such officer, is guilty of a misdemeanor.

Refusing to make arrest.
s. 179, Pen. C.

§ 6379. Every person who, after having been lawfully Refusing to commanded by any magistrate to arrest another person, wilfully neglects or refuses so to do, is guilty of a misdemeanor.

Resisting execution of process.
s. 181, Pen. C.

§ 6380. Every person who, after proclamation issued by the governor declaring any county to be in a state of insurrection, resists or aids in resisting the execution of process in the county declared to be in a state of insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting a force ordered out by the governor to quell or suppress an insurrection, is punishable by imprisonment in the territorial prison for not less than two years.

Obstructing officer in performance of duty.
s. 181, Pen. C.

§ 6381. Every person who wilfully delays or obstructs any public officer in the discharge or attempt to discharge any duty of his office, is guilty of a misdemeanor.

Extrajudicial oaths.
s. 182, Pen. C.

§ 6382. Every person who takes an oath before an officer or person authorized to administer judicial oaths, except when such oath is required or authorized by law, or is required by the provisions of some contract as the basis of or in proof of a claim, or when the same has been agreed to be received by some person as proof of any fact, in the performance of any contract, obligation or duty, instead of other evidence, is guilty of a misdemeanor.

Administering same.
s. 183, Pen. C.

§ 6383. Every officer or other person who administers an oath to another person, or who makes and delivers any certificate that another person has taken an oath, except when such oath is required by the provisions of some contract as a basis of or proof of a claim, or when the same has been agreed to be received by some person as proof of any fact in the performance of any contract, obligation or duty, instead of other evidence, is guilty of a misdemeanor.

Compounding crimes.
s. 184, Pen. C.

§ 6384. Every person who, having knowledge of the actual commission of a crime or violation of statute, takes any money or property of another, or any gratuity or reward, or any engagement or promise therefor, upon any agreement or understanding, express or implied, to compound or conceal such crime, or violation of statute, or to abstain from any prosecution therefor, or to withhold any evidence thereof, is punishable as follows:

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