Page:1864-65 Territory of Dakota Session Laws.pdf/74

62 Sec. 156. The making of a deposition or certificate is deemed to be complete, within the provisions of this chapter, from the time when it is delivered by the accused to any other person with intent that it be uttered or published as true.

Sec. 157. An unqualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be false.

Sec. 158. Perjury is punishable by imprisonment in the territorial prison as follows:

1. When committed on the trial of an indictment for felony, by imprisonment not less than ten years;

2. When committed on any other trial or proceeding in a court of justice, by imprisonment for not more than ten years.

3. In all other cases by imprisonment not more than five years.

Sec. 159. Whenever it appears probable to any court of record that any person who has testified in any action or proceeding in such court has committed perjury, such court may immediately commit such person by an order or process for that purpose to prison, or take a recognizance with sureties for disappearing and answering to an indictment for perjury.

Sec. 160. Such court shall thereupon bind over the witnesses to establish such perjury to appear at the proper court to testify before grand jury, and upon the trial in case an indictment is found for such perjury; and shall also cause immediate notice of such commitment or recognizance, with the names of the witnesses so bound over, to be given to the district attorney of the county.

Sec. 161. If, upon the hearing of such action or proceeding in which such perjury has probably been committed, any papers or documents produced by either party shall be deemed necessary to be used on the prosecution for such perjury, the court may by order detain such papers or documents from the party producing them, and direct them to be delivered to the district attorney.

Sec. 162. Every person who willfully procures another person to commit any perjury is guilty of subornation of perjury.