Page:1864-65 Territory of Dakota Session Laws.pdf/53

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Section 57. Treason defined.

58. Levying war defined.

59. Resistance to a statute, when levying war.

60. Punishment.

Sec. 57. The following acts constitute treason against the people of this Territory.

1. Levying war against the people of this Territory, within the Territory; or,

2. A combination of two or more persons, by force to usurp the government of this Territory, or to overturn the same, evidenced by a forcible attempt made within this territory to accomplish such purpose; or,

3. Adhering to the enemies of this Territory while separately engaged in war with a foreign enemy in the cases prescribed in the Constitution of the United States, and giving to such enemies aid and comfort in this Territory or elsewhere.

Sec. 58. To constitute levying war against the people of this Territory, an actual act of war must be committed. To conspire merely to levy war is not enough.

Sec. 59. Where persons rise in insurrection with intent to prevent in general by force and intimidation, the execution of a statute of this Territory, or to force its repeal, they are guilty of levying war. But an endeavor, although by numbers and force of arms to resist the execution of a law in a single instance, and for a private purpose, is not levying war.

Sec. 60. Every person convicted of treason shall suffer death for the same.

Section 61. Bribery, menace, and other corrupt practices, at elections.

62. Betting upon elections.

63. Unlawful offers to procure offices for election