Page:1864-65 Territory of Dakota Session Laws.pdf/133

Rh mark made upon any log or lumber, whether such mark be recorded or not, or puts a false mark upon any log or lumber floating in any of the waters of this territory or lying upon land, is guilty of a misdemeanor.

Sec. 422. Every officer who, without authority of law detains any wrecked property or the proceeds thereof, after the salvage and expenses chargeable thereon have been paid or offered to him, or who is guilty of any fraud, embezzlement or extortion in the discharge of his duties, or who violates any provision of the stautes [sic] relating to salvage, is guilty of a misdemeanor.

Sec. 423. Every member of a limited partnership who is guilty of any fraud in the affairs of the partnership, is guilty of a misdemeanor.

Sec. 424. Every minister or magistrate who solemnizes any marriage where either of the parties is known to him to be within the age of legal consent, or to be an idiot or an insane person, or any marriage to which within his knowledge any legal impediment exists, is guilty of a misdemeanor.

Sec. 425. Every overseer of the poor, constable, keeper of a jail or other person who confines any idiot, lunatic, or insane person, in any other manner or in any other place than is authorized by law, is guilty of a misdemeanor.

Sec. 426. Every person who directly or indirectly receives any interest, discount, or consideration upon the loan or forbearance of any money, goods or things in action greater than is allowed by law, is guilty of a misdemeanor.

Sec. 427. Every person who either solely or as a member of a court, in the execution of a judgment, order or process, knowingly recommits, imprisons or restrains of his liberty, for the same cause, any person who has been discharged from imprisonment upon a writ of deliverance, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor, he forfeits to the party aggrieved, one thousand dollars to be recovered in a civil action.

Sec. 428. Every person having in his custody or power, or under his restraint a party who, by the provisions of the law relating to habeas corpus, would be entitled to a writ of habeas corpus, or for whose relief such writ has been issued, who, with