Page:1864-65 Territory of Dakota Session Laws.pdf/73

Rh Section 157. Statement of that which one does not know to be true.

158. Punishment of perjury.

159. Summary committal of witnesses who have committed perjury:

160. Witnesses necessary to prove the perjury, may be bound over to appear.

161. Documents necessary to prove such perjury may be detained.

162. Subornation of perjury detined.

163. Punishment of subornation.

164. Convict of perjury declared incompetent as a witness.

Sec. 150. Every person who, having taken in oath that he will testify, declare, depose or certify truly before any competent tribunal, officer or person, in any of the cases in which such an oath may by law be administered, willfully and contrary to such oath, states any material matter which he knows to be false, is guilty of perjury.

Sec. 151. The term "oath" as used in the last section, includes an affirmation, and every other mode of attesting the the truth of that which is stated, which is authorized by law.

Sec. 152. So much of an oath of office as relates to the future performance of official duties is not such an oath as is intended by the previous sections.

Sec. 153. It is no defense to a prosecution for perjury that the oath was administered or taken in an irregular manner.

Sec. 154. It is no defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition or certificate of which falsehood is alleged. It is sufficient that he actually was required to give such testimony or make such deposition or certificate.

Sec. 155. It is no defense to a prosecution for perjury that the accused did not know the materiality of the false statement made by him; or that it did not in fact affect the proceeding or for which it was made. It is sufficient that it was material, and might have been used to affect such proceeding.