Page:1862-63 Territory of Dakota Session Laws.pdf/74

Rh Sec. 2. If any person of whom an oath shall be required by law, shall willfully, swear falsely in regard to any matter or thing, respecting which such oath is required, such person shall be deemed guilty of perjury.

Sec. 3. Every person who shall be guilty of a subornation of perjury, by procuring another person to commit the crime of perjury as aforesaid, shall be punished in the same manner as for the crime of perjury.

Sec. 4. If any person shall endeavor to procure or incite any other person to commit the crime of perjury though no perjury be committed, he shall be punished by imprisonment in the territorial prison, not more than three years, nor less than one year.

Sec. 5. Whenever it shall appear to any court of record, that any witness or party who has been legally sworn and examined, or has made an affidavit in any proceedings in a court of justice, has testified in such a manner as to induce a reasonable presumption that he has been guilty of perjury, therein, the court may take a recognizance with sureties for his appearing to answer to an indictment for perjury, and thereupon the witness to establish such perjury may be bound over to the proper court, and notice of the proceedings shall forthwith be given to the district attorney.

Sec. 6. If in any proceeding in a court of justice, in which perjury shall be reasonably presumed as aforesaid, and any papers, books, or documents shall have been produced which shall be deemed necessary to be used in any prosecution for such perjury, the court may order a certified copy of such books, papers, or documents to be taken, to be used in such prosecution, and such certified copy shall be used in such prosecution in the same manner as the original might have been.

Sec. 7. Every person who shall corruptly give, offer, or promise, to any executive, judicial, or legislative officer, after his election or appointment, and either before or after he shall have been qualified, or shall have taken his seat, any gift or gratuity whatever, with intent to influence his act, vote, opinion, decision or judgement in any matter, question, cause or proceeding, which may then be pending, or may by law come to be brought before him in his official capacity, shall be pun-