Page:1862 Territory of Dakota Session Laws.pdf/196

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CHAP. IX.]
CRIMINAL PROCEDURE.
179

ished by confinement in the penitentiary, for a term not less than one year, nor more than seven years.

Inhuman jailer, how punished.Sect. 88. Every jailer who shall be guilty of wilful inhumanity or oppression to any prisoner under his care or custody, shall be fined in any sum not exceeding five hundred dollars, and be removed from office.

Officer withholding records, papers, &c., improperly.Sect. 89. If any officer, whose office shall be abolished by law, or who, after the expiration of the time for which he may be appointed or elected, or after he shall have resigned or been legally removed from his office, shall wilfully and unlawfully withhold or detain from his successor or other person entitled thereto by law, the records, papers, documents, or other writing appertaining or belonging to his office, or mutilate, destroy, or take away the same, the person so offending shall, on conviction, be punished by confinement in the penitentiary, for a term not less than one year, nor more than five years. Same applies to other persons.The provisions of this section shall apply to any person or persons who shall have records, documents, papers, or other writings in his, her, or their possession, and who shall wilfully mutilate, destroy, withhold, or detain the same as aforesaid.

Personating another and committing fraud thereby. Penalty for.Sect. 90. If any person shall, without due authority so to do, acknowledge or confess, or procure to be acknowledged or confessed, any fine, common recovery, deed, bond, power of attorney, mortgage, recognizance, bail or judgment, in the name of any other person, by personating any such other person, the person so offending, on conviction thereof, shall be punished by confinement in the penitentiary for any term not less than one year, nor more than ten years.

Persons opposing officer or person in execution of lawful process or order. Penalty for.Sect. 91. If any person shall knowingly and wilfully obstruct, resist, or oppose any sheriff, deputy-sheriff, coroner, constable, or other officer of this territory, or other person duly authorized, in serving or attempting to serve any lawful process or order of any court, judge, or justice of the peace, or any other legal process whatsoever, or shall assault or beat any sheriff, deputy-sheriff, coroner, constable, or other officer, or person duly authorized, in serving or executing, or attempting to serve or execute any process, or order aforesaid, or for having served or executed, or attempted to serve or execute the same, every person so offending shall be fined in any sum not exceeding five hundred dollars, and imprisoned