Page:1887 Compiled Laws of Dakota Territory.pdf/1094

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§§ 6416-6425
PENAL CODE.
Conspiracy.

other principal municipal officer of such port or place, is guilty of a misdemeanor.

Omission of duty by officer.
s. 216, Pen. C.

§ 6416. Where any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every wilful omission to perform such duty where no special provisions shall have been made for the punishment of such delinquency, is punishable as a misdemeanor.

Prohibited act.
s. 217, Pen. C.

§ 6417. Where 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 such act is a misdemeanor.

Disclosing indictment.
s. 218, Pen. C.

§ 6418. Every grand juror, district attorney, clerk, judge, or other officer, who, excepting by issuing or in executing a warrant to arrest the defendant, wilfully 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.

Disclosing proceedings of grand jury.
s. 219, Pen. C.

§ 6419. Every grand juror, who, except when required by a court, wilfully 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.

Prosecuting suit or bringing action in false name.
s. 220, Pen. C.

§ 6420. 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.

Maliciously procuring search.
s. 221, Pen. C.

§ 6421. Every person who maliciously, and without probable cause, procures a search warrant to be issued and executed, is guilty of a misdemeanor.

Communicating with a convict.
s. 222, Pen. C.

§ 6422. Every person who, not being authorized by law, or by a written permission from an inspector, or by the consent of the warden, communicates with any convict in the territorial prison, or brings into or conveys out of the territorial prison any letter or printing to or from any convict, is guilty of a misdemeanor.

Neglect to canvass election returns.
s. 223, Pen. C.

§ 6423. Every county clerk who wilfully 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 such persons lawfully entitled thereto, is punishable by fine not exceeding one hundred dollars for each refusal or neglect.

False certificate.
s. 224, Pen. C.

§ 6424. 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.

CHAPTER 15.

CONSPIRACY.

Section.

6425. Criminal conspiracies defined.

6426. Conspiracy against the peace of the territory.

Section.

6427. Overt act necessary.

Criminal conspiracies defined.
s. 225, Pen. C.

§ 6425. If two or more persons conspire, either:

1. To commit any crime; or,

2. Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime; or,

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