Page:1887 Compiled Laws of Dakota Territory.pdf/1121

This page has been proofread, but needs to be validated.
Crimes Against the Public Health.
PENAL CODE.
§§ 6629-6634

person, in any other manner or in any other place than is authorized by law, is guilty of a misdemeanor.

Reconfining persons.
s. 428, Pen. C.

§ 6629. Every person who, either solely or as a member of a court, in the execution of a judgment, order or process, knowingly recommits, imprisons or restrains of his liberty, for the same cause, any person who has been discharged from imprisonment upon a writ of deliverance, is guilty of a misdemeanor; and, in addition to the punishment prescribed therefor, he forfeits to the party aggrieved one thousand dollars, to be recovered in a civil action.

Concealing persons.
s. 429, Pen. C.

§ 6630. Every person having in his custody or power, or under his restraint, a party who, by the provisions of the law relating to habeas corpus, would be entitled to a writ of habeas corpus, or for whose relief such writ has been issued, who, with intent to elude the service of such writ, to avoid the effect thereof, transfers the party to the custody, or places him under the power or control of another, or conceals or changes the place of his confinement, or who, without lawful excuse, refuses to produce him, is guilty of a misdemeanor.

Assisting in concealment.
s. 430, Pen. C.

§ 6631. Every person who knowingly assists in the violation of the last section is guilty of a misdemeanor.

CHAPTER 38.

OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY.

Section.

6682. Public nuisance defined.

6633. Unequal damage.

6634. Maintaining nuisance is a misdemeanor.

6635. Keeping gunpowder.

6636. Throwing gas tar into public water.

6637. Violations of the quarantine laws.

6638. Offense by ship master.

6639. Landing before visit of health officers.

6640. Restrictions relating to vessels in quarantine.

6641. Violating quarantine regulations.

6642. Obstructing health officer.

6643. Violating health laws.

6614. Unlicensed piloting.

6645. Same-Exceptions.

6646. Person assuming to be port werden.

6647. Apothecary liable for negligence.

6648. Record and witness of poison sale.

6649. Same-Violation of

6650. Record of poisons to be public.

6651. Laying out poisons.

6652. Omitting to mark hay.

6653. Increasing weight of barrels, boxes, etc.

Section.

6654. Adulterating food.

6655. Disposing of tainted food.

6656. Manufacturing slung shot.

6657. Carrying or using slang shot.

6658. Concealed weapon.

6659. Wilful prairie fires.

6660. Negligent prairie fires.

6661. Refusing aid at fires.

6662. Ferries must be licensed.

6663. Ferry bond violated.

6664. Failure to ring bell of locomotive.

6665. Drunken engineer, conductor, or driver.

6666. Agent's neglect of duty.

6667. Guards of ice cuttings.

6668. Guards maintained, how long.

6569. Same-Violation

6670. Obstructing navigation.

6671. Exposing person with contagious disease.

6672. Frauds to affect market price.

6673. False statements in newspapers.

6674. Eavesdropping,

6675. Racing upon highways.

Public nuisance defined.
s. 431, Pen. C.

§ 6632. A public nuisance is a crime against the order and economy of the territory, and consists in unlawfully doing any act or omitting to perform any duty required by the public good, which act or omission either:

1. Annoys or injures the comfort, repose, health or safety of any considerable number of persons; or,

2. Offends public decency; or,

3. Unlawfully interferes with, obstructs, or tends to obstruct, any lake, or any navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or,

4. In any way renders life or the use of property uncomfortable.

Unequal damage.
s. 432, Pen. C.

§ 6633. An act which affects a considerable number of persons in either of the ways specified in the last section, is not less a nuisance because the extent of the damage is unequal.

Maintaining nuisance is a misdemeanor.
s. 433, Pen. C.
§ 6634. Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed,

1097