Page:1864-65 Territory of Dakota Session Laws.pdf/79

Rh Sec. 173. Every officer who, in violation of a duty imposed upon him by law as such officer to receive into his custody any person, as a prisoner, willfully neglects or refuses so to receive such person into his custody, is guilty of a misdemeanor.

Sec. 174. Every public officer or other person having arrested any person upon any criminal charge, who willfully delays to take such person before a magistrate having jurisdiction to take his examination, is guilty of a misdemeanor.

Sec. 175. Every public officer or person pretending to be a public officer, who under the pretence or color of any process or other legal authority, arrests any person, or detains him against his will, or seizes or levies upon any property, or dispossesses any one of any lands or tenements, without due and legal process, is guilty of a misdemeanor.

Sec. 176. Every peace officer, who, in executing a search warrant, willfully exceeds his authority, or exercises it with unnecessary severity is guilty of a misdemeanor.

Sec. 177. Every person, who, after having been lawfully commanded to aid any officer in arresting any person, or in retaking any person who has escaped from legal custody, or in executing any legal process, willfully neglects or refuses to aid such officer is guilty of a misdemeanor.

Sec. 178. Every person, who, after having been lawfully commanded by any magistrate to arrest another person, willfully neglects or refuses so to do, is guilty of a misdemeanor.

Sec. 179. Every person, who, after proclamation issued by the governor declaring any county to be in a state of insurrection, resists or aids in resisting the execution of process in the county declared to be in a state of insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting a force ordered out by the governor to quell or suppress an insurrection, is punishable by imprisonment in the territorial prison for not less than two years.

Sec. 180. Every person who willfully delays or obstructs any public officer in the discharge or attempt to discharge any duty of his office, is guilty of a misdemeanor.

Sec. 181. Every person who takes an oath before an officer