Page:1862 Territory of Dakota Session Laws.pdf/193

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176
CRIMINAL PROCEDURE.
[CHAP. IX.

such money into evidence of indebtedness, and depositing same.charged with the collection, safe keeping, transfer, or disbursement of public money, shall convert any of such public money into any order, warrant, certificate, or any evidence of public indebtedness, and shall deposit the same with any public officer of this territory, in lieu of money, he shall be deemed guilty of a felony, and upon conviction thereof, shall be punished by confinement in the penitentiary, not less than one nor more than three years.

OFFENCES AGAINST PUBLIC POLICY.

Persons interested in circulation of bill, check, &c., as money without legislative authority.Sect. 80. If any person shall subscribe or become a member of, or be in any way interested in any association or company formed for the purpose of issuing or putting in circulation, any bill, check, ticket, certificate of deposit, promissory note, receipt, or other paper of any bank, to circulate as money in this territory, without being authorized so to do by charter from the general assembly of this territory, he shall be punished by imprisonment in the penitentiary, not more than one year, or by a fine of not more than one thousand dollars.

CRIMES AND OFFENCES AGAINST PUBLIC JUSTICE.

Perjury. Penalty for.Sect. 81. Every person having taken a lawful oath, or made affirmation in any judicial proceeding, or in any other matter where, by law, an oath or affirmation is required, who shall swear or affirm, wilfully, corruptly, and falsely, in a matter material to the issue or point in question, or shall suborn any other person to swear or affirm as aforesaid, shall be deemed guilty of perjury or subornation of perjury (as the case may be), and upon conviction thereof, shall be punished by confinement in the penitentiary, for a term not less than one year, nor more than fourteen years.

If perjury causes execution of innocent persons, deemed murder.Sect. 82. Every person, who, by wilful and corrupt perjury, or subornation of perjury, shall procure the conviction and execution of any innocent persons, shall be deemed and adjudged guilty of murder, and upon conviction thereof, shall suffer the punishment of death.

Indictment for perjury.Sect. 83. In every indictment for perjury, or subornation of perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, and before what