Page:1862-63 Territory of Dakota Session Laws.pdf/63

54 verdict of the jury or otherwise, the amount of the sum embezzled, they shall impose such fine as in their discretion shall be adequate and corresponding as nearly as may be, with the penalty imposed by this section; and every refusal by an officer, to pay any sum lawfully demanded, shall be deemed an embezzlement of the sum so demanded.

Sec. 28. Any person demanding of any officer any sum of money which he may be entitled to demand and receive, who shall be unable to obtain the same, by reason of the money having been embezzled as aforesaid, if he shall neglect or refuse, for thirty days after making such demand, to make complaint against such officer, shall be deemed an accessory, and upon conviction thereof, shall be fined in a sum not exceeding one hundred dollars.

Sec. 29. The reſusal of any officer to pay any demand in specie, where the sum so demanded was actually received by such officer, in good faith, in checks, drafts, certificates of deposit, or currency which may have depreciated in value, provided payment be tendered in the checks, drafts, certificates of deposit, or currency by such officer, or to.pay any sum demunded of him, when there is reasonable doubt as to his duty or authority to pay the same, on such demand, or where such refusal is not with a wrongful intent, shall not be construed to be an embezzlement, according to the intent and meaning of the twenty-sixth and twenty-seventh sections of this chapter.

Sec. 30. Every officer or other person mentioned in the twenty-sixth section of this chapter, shall pay over the same money that he may have received in the discharge of his duties, and shall not set up any amount as a set-off against any money so received, and all justices of the peace, clerks of the district courts, sheriffs, and other officers, shall pay into the respective treasuries, all the money collected on fines, within thirty days after said moneys may be collected.

Sec. 31. If any warehouseman, miller or storage, forwarding or commission merchant, or his or their agents, clerks or servants, shall willfully and fraudulently make or utter any receipt, or other written evidence of the delivery into any warehouse, mill, store, or other building belonging to him, them, or either of them, or his, or their employers of any.