Page:1864-65 Territory of Dakota Session Laws.pdf/87

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PENAL CODE.
73

trust or employment, every willful omission to perform such duty where no special provision shall have been made for the punishment of such delinquency, is punishable as a misdemeanor.

Sec. 216. Where the performance of an act is prohibited by any statute, and no penalty for the violation of such statute is imposed in any statute, the doing such act is a misdemeanor.

Sec. 217. Every grand juror, district attorney, clerk, judge, or other officer, who, excepting by issuing or in executing a warrant to arrest the defendant, willfully discloses the fact of a presentment or indictment having been made for a felony, until the defendant has been arrested, is guilty of a misdemeanor.

Sec. 218. Every grand juror who, except when required by or court willfully discloses any evidence adduced before the grand jury or anything which he himself or any other member of the grand jury may have said, or in what manner he or any other grand juror may have voted on a matter before them is guilty of a misdemeanor.

Sec. 219. Every person who maliciously institutes or prosecutes any action or legal proceeding, or makes or procures any arrest, in the name of a person who does not exist or has not consented that it be instituted or made, is guilty of a misdemeanor.

Sec. 220. Every person who maliciously, and without probable cause, procures a search warrant to be issued and executed, is guilty of a misdemeanor.

Sec. 221. Every person who, not being authorized by law, or by a written permission from an inspector, or by the consent of the warden, communicates with any convict in the Territorial prison, or brings into or conveys out of the Territorial prison any letter or printing to or from any convict, is guilty of a misdemeanor.

Sec. 222. Every register of deeds who willfully refuses or neglects to canvass the election returns of his county, or neglects to make proper abstracts thereof, and forward the same to the proper officer, as is or may hereafter be provided by law, or fails to issue certificates of election to such persons lawfully entitled thereto, is punishable by fine not exceeding one hundred dollars for each refusal or neglect.