Page:1887 Compiled Laws of Dakota Territory.pdf/1130

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§§ 6699-6709
PENAL CODE.
Crimes Against Revenue.

4. Wilfully omits or refuses to pay over to this territory, or its officer or agent authorized by law to receive the same, any money received by him under any duty imposed by law so to pay over the same,

Is guilty of a felony.

Other violation of official conduct.
s. 498, Pen. C.

§ 6699. Every officer or other person mentioned in the last section, who wilfully disobeys any provisions of law regulating his official conduct, in cases other than those specified in that section, is guilty of a misdemeanor.

Fraud by officers.
s. 499, Pen. C.

§ 6700. Every public officer, being authorized to sell or lease any property, or make any contract in his official capacity, who voluntarily becomes interested individually in such sale, lease or contract, directly or indirectly, is guilty of a misdemeanor.

Refusal of officer to perform duty.
s. 500, Pen. C.

§ 6701. Every register of deeds, judge of the probate court, district attorney, county commissioner, sheriff, coroner or county superintendent of public schools, who wilfully fails or refuses to perform the duties of his office according to law, is guilty of a misdemeanor.

Obstructing the collection of taxes.
s. 501, Pen. C.

§ 6702. Every person who wilfully obstructs or hinders any public officer from collecting any revenue, taxes, or other sums of money in which, or in any part of which the people of this territory are directly or indirectly interested, and which such officer is by law empowered to collect, is guilty of a misdemeanor.

Applies to all officers.
s. 502, Pen. C.

§ 6703. The provisions of section 6701 shall also apply to county treasurers, justices of the peace, and all other county and precinct officers.

Wilful neglect by territorial officers.
s. 503, Pen. C.

§ 6704. Every territorial auditor, territorial treasurer, superintendent of public instruction for this territory, or any other territorial officer who wilfully neglects or refuses to perform the duties of his office, as prescribed by law, is guilty of a misdemeanor.

Auctioneer shall have but one business place.
s. 504, Pen. C.

§ 6705. No auctioneer in any town or county of this territory, shall at one time have more than one place for carrying on the general business of an auctioneer.

Selling in any other place.
s. 505, Pen. C.

§ 6706. No such auctioneer shall expose to sale by public auction any articles liable to auction duties at any other place than that so designated, except goods sold in original packages, as imported pictures, household furniture, libraries, stationery, and such bulky articles as have usually been sold in warehouses, or in the public streets or on the wharves.

Punishment for so selling.
s. 506, Pen. C.

§ 6707. A violation of either of the last two sections is punishable by a fine not exceeding two hundred and fifty dollars for each offense.

Fraud in quality of goods.
s. 507, Pen. C.

§ 6708. Every person carrying on, interested in, or employed about the business of selling property or goods by auction, who sells any goods or property in a damaged condition, which he offers as sound or in a good condition, is guilty of a misdemeanor.

Sales must be by day, except when.
s. 508, Pen. C.

§ 6709. All sales of goods by public auction by a licensed auctioneer shall be made in the day time between sunrise and sunset, unless otherwise authorized by the law under which he holds his license, excepting:

1. Books, prints, pictures or stationery.

2. Goods sold in the original packages as imported, according to a printed catalogue, of which samples shall have been opened and exposed to public view at least one day previous to the sale. Every person who violates the provisions of this section is guilty of misdemeanor; and in addition to the punish-

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