Page:1864-65 Territory of Dakota Session Laws.pdf/62

50 ment gratuity or reward, for omitting or deferring the performance of any official duty, is guilty of a misdemeanor.

Sec. 104. Every executive officer who asks or receives any fee or compensation for any official service which has not been actually rendered, except in cases of charges for prospective costs, or of fees demandable in advance in the cases allowed by law, is guilty of a misdemeanor.

Sec. 105. Every officer of this Territory who asks or receives any compensation, fee or reward of any kind for any service rendered or expense incurred in procuring from the Governor of this Territory & demand upon the executive authority of a state or territory of the United States, or of a foreign government, for the surrender of a fugitive from justice; or of any service rendered or expense incurred in procuring the surrender of such fugitive, or of conveying him to this Territory, or for detaining him therein, except upon an employment by the Governor of this Territory, and upon an account duly audited and paid out of the Territorial treasury, is guilty of a misdemeanor.

Sec. 106. Every person who gives or agrees, or offers to give any gratuity or reward in consideration that himself or any other person shall be appointed to any public office, or shall be permitted to, or to exercise, perform or discharge the prerogatives or duties of any office, is punishable by imprisonment in the county jail not less than six months nor more than two years or by a fine of not less than two hundred dollars or more than one thousand dollars, or both.

Sec. 107. Every person who, directly or indirectly, asks or receives or promises to receive any gratuity or reward or any promise of a gratuity or reward, for appointing another person or procuring for another person an appointment to any public office or any clerkship, deputation or other subordinate position in any public office is punishable by imprisonment in the county jail not less than six months nor more than two years, or by a fine not less than two hundred dollars por more than one thousand dollars, or both.

Sec. 108. Every public officer who, for any gratuity or reward, appoints another person to a public office, or permits another person to exercise, perform.or discharge any of the