Page:1862 Territory of Dakota Session Laws.pdf/200

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CHAP. IX.]
CRIMINAL PROCEDURE.
183

If person shall unlawfully officiate in place of authority. Penalty.Sect. 104. If any person shall take upon himself to exercise or officiate in any office or place of authority in this territory, without being lawfully authorized thereto, he shall, upon conviction, be fined in any sum not exceeding two hundred dollars.

Embracery. Penalty for.Sect. 105. Embracery is an attempt to influence a juror or jurors corruptly on one side by threats or menaces, or by promises, persuasions, entreaties, money, entertainments, and the like. Every embracer who shall procure any juror to take money, gain, or profit, or shall corruptly influence any juror by persuasions, promises, entreaties, or by any other improper means, or shall threaten or menace any juror, shall be fined not exceeding five hundred dollars, and imprisoned in the penitentiary not exceeding one year. And any juror convicted of taking money, gain, or profit, or corruptly being influenced as aforesaid, shall suffer the like punishment, and be forever disqualified to act as juror. This section shall apply as well to the grand as the petit jurors.

If person shall wickedly stir up suits or quarrels. Penalty.Sect. 106. If any person or persons shall wickedly and wilfully excite and stir up any suits or quarrels between the people of this territory, either at law or otherwise, with a view to promote strife and contention, every such person so offending, shall be deemed to have committed the crime of "common barratry," and, upon conviction thereof, shall be fined in any sum not exceeding one hundred dollars; and if he be an attorney or counsellor at law, he shall be suspended from the practice for any time not exceeding six months.

Intermeddling improperly in suits deemed "maintenance." Penalty.Sect. 107. If any person shall officiously intermeddle in any suit at common law or in chancery, that in nowise belongs to, or concerns such person, by maintaining or assisting either party with money or otherwise, to prosecute or defend such suit, with a view to promote litigation, every such person so offending, shall be deemed to have committed the crime of "maintenance," and, upon conviction thereof, shall be fined and punished as in cases of "common barratry:" Proviso.Provided, That it shall not be considered "maintenance" for a man to maintain the suit of his kinsman or servant, or poor neighbor, out of charity.

If public officer shall receive or demand improper fee or reward.Sect. 108. If any judge, justice of the peace, sheriff, coroner, constable, clerk, or other officer of this territory, ministerial or judicial, shall wilfully or corruptly receive or take