Page:1864-65 Territory of Dakota Session Laws.pdf/60

48 is made criminal when committed with reference to the election of a candidate, is equally criminal when committed with refer. ence to the determination of a question submitted to electors to be decided by votes cast at an election.

Sec. 95. Upon any prosceution for procuring, offering or casting an illegal vote, the accused may give in evidence any facts tending to show that he honestly believed upon good rea- son that the vote complained of was a lawful one ; and the jury may take such facts into consideration in determining whether the acts complained of, were knowingly done or not.

Section 96. Acting in a public office without having qualified.

97. Acts of officer de facto, not affected.

98. Giving or offering bribes.

99. Asking or receiving bribes.

100. Attempting to prevent officers from performing duty.

101. Resisting officers.

102. Taking excessive fees.

103. Taking reward for omitting or delaying official acts.

104. Taking fees for services not rendered.

105. Taking unlawful reward for services in extradition of fugitives.

106. Buying appointments to office.

107. Selling appointments to office.

108. Taking rewards for deputation.

109. Unlawful grant or deputation void, except as to official acts done before conviction.

110. Exercising functions of office, after successor has qualified

111. Refusal to surrender books, &c., of office to successor upon demand.

112. Administrative officers.

Sec. 96. Every person who executes any of the functions of