Page:1862 Territory of Dakota Session Laws.pdf/208

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CHAP. IX.]
CRIMINAL PROCEDURE.
191

vided, That this section shall not extend to defacing, tearing down, obliterating, or destroying any law, proclamation, publication, advertisement, or notification, after the time for which the same was by law to remain set up shall have expired.

Persons having housebreaking tools, or being found in buildings with intent to steal. Penalty.Sect. 135. If any person shall be found having upon him or her, any picklock, crow, key, bit, or other instrument or tool, with intent feloniously to break and enter into any dwelling-house, store, warehouse, shop, or other building containing valuable property, or shall be found in any of the aforesaid buildings, with intent to steal any goods and chattels, every such person so offending shall, on conviction, be deemed a vagrant, and punished by confinement in the penitentiary for a term not exceeding two years. Person having offensive weapon, with intent to assault. Penalty.And if any person shall have upon him any pistol, gun, knife, dirk, bludgeon, or other offensive weapon, with intent to assault any person, every such person, on conviction, shall be fined in a sum not exceeding one hundred dollars, or imprisoned not exceeding three months.

Male person refusing to join the posse comitatus. Penalty.Sect. 136. Every male person above eighteen years of age, who shall neglect or refuse to join the posse comitatus, or power of the county, by neglecting or refusing to aid and assist in taking or arresting any person or persons against whom there may have issued any civil or criminal process, or by neglecting or refusing to aid and assist in retaking any person or persons, who after having been arrested or confined, may have escaped from such arrest or imprisonment, or by neglecting or refusing to aid and assist in preventing any breach of the peace, or the commission of any criminal offence, being thereto lawfully required by any sheriff, deputy-sheriff, coroner, constable, judge, or justice of the peace, or other officer concerned in the administration of justice, shall, upon conviction, be fined in a sum not less than ten dollars nor more than fifty dollars.

Persons opening graves and tombs, and removing dead bodies, or assisting, without consent of relatives. Penalty.Sect. 137. If any person or persons shall open the grave or tomb where the body or bodies of any deceased person or persons shall have been deposited, and shall remove the body or bodies, or remains of any deceased person or persons from the grave or place of sepulture, for the purpose of dissection, or any surgical or anatomical experiment, or for any other purpose, without the knowledge and consent of the near rela-