Page:1862 Territory of Dakota Session Laws.pdf/201

From Wikisource
Jump to navigation Jump to search
This page has been validated.
184
CRIMINAL PROCEDURE.
[CHAP. IX.

any fee or reward, to execute or do his duty as such officer, except such as is or shall be allowed by law, or if any such officer shall wilfully or corruptly ask or demand as a condition precedent to the performance of his duty as such officer, any fee or reward, except such as shall be allowed by law, every such officer so offending shall be deemed guilty of extortion, and, on conviction thereof, shall be fined in any sum not exceeding two hundred dollars.

Public officers palpably omitting duty, &c. Penalty.Sect. 109. Every clerk, sheriff, coroner, constable, county commissioner, justice of the peace, recorder, county surveyor, attorney-general, or district attorney, who shall be guilty of any palpable omission of duty, or who shall wilfully or corruptly be guilty of oppression, malfeasance, or partiality in the discharge of his official duties, shall, upon conviction thereof, be fined in a sum not exceeding two hundred dollars, and the court shall have power, upon the recommendation of the jury, to add to the judgment of the court, that any officer so convicted, shall be removed from office. When certain officers indicted, offices, how filled.The court shall have power, whenever any clerk of the district or supreme court, attorney-general or district attorney, shall be presented or indicted, to appoint for that occasion a prosecuting attorney or clerk, as the case may require, who shall thereby be invested, in relation to such presentment or indictment, with all the powers of clerk, or attorney-general, or district attorney. When judgement extends to removal from office.It shall be the duty of the court, when the judgment shall extend to removal from office, to cause immediate notice of such removal to be given to the proper department, in order that the vacancy thus occasioned may be filled.

If person guilty of threatening letters, &c. Penalty.Sect. 110. If any person shall knowingly send or deliver any letter or writing, threatening to accuse another of a crime or misdemeanor, or to expose or publish any of his infirmities or failings, with intent to extort money, goods, chattels, or other valuable things, or threatening to maim, wound, kill, or murder, or to burn or destroy his or her house or other property, or to accuse another of a crime or misdemeanor, or to expose or publish any of his or her infirmities or failings, though no money, goods, chattels, or valuable thing be demanded, such person, so offending, shall, on conviction, be fined in a sum not exceeding five hundred dollars, and imprisoned not exceeding six months.