Page:1864-65 Territory of Dakota Session Laws.pdf/61

Rh a public office without having taken and duly filed the required oath of office, or without having executed and duly filed the required security, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor, he forfeits his right to the office.

Sec. 97. The last section shall not be construed to affect the validity of acts done by a person exercising the functions of a public office in fact, where other persons than himself are interested in maintaining the validity of such acts.

Sec. 98. Every person who gives or offers any bribe to any executive officer of this Territory with intent to influence him in respect to any act, decision, vote, opinion, or other proceedings of such officer, is punishable by imprisonment in the Territorial prison not exceeding ten years, or by a fine not exceeding five thousand dollars, or both.

Sec. 99. Every executive officer or person elected or appointed to an executive office who asks, receives or agrees to receive any bribe upon any agreement or understanding that his vote, opinion or action upon any matter then pending or which may by law be brought before him in his official capacity, shall be influenced thereby, is punishable by imprisonment in the territorial prison not exceeding ten years, or by a fine not exceeding five thousand dollars, or both; and in addition thereto forfeits his office and is forever disqualified from holding any public office under this Territory.

Sec. 100. Every person who attempts, by means of any threat or violence, to deter or prevent any executive officer from performing any duty imposed upon such officer by lai, is guilty of a misdemeanor.

Sec. 101. Every person who knowingly resists, by the use of force or violence, any executive officer, in the performance of his duty is guilty of a misdemeanor.

Sec. 102. Every executive officer who asks or receives any emolument, gratuity or reward, or any promise of any emolument, gratuity or reward, excepting such as may be authorized by law, for doing any official act, is guilty of a misdemeanor.

Sec. 103. Every executive officer who asks or receives any emolument, gratuity or reward, or any promise of any emolu-