Page:1887 Compiled Laws of Dakota Territory.pdf/1078

§§ 6290-6297 ground that his statement might tend to criminate himself, but any person so testifying against the other party shall thereafter be exempt from punishment for such offense mentioned in said section.

§ 6290. The word "election," as used in this chapter, designates only elections had within this territory for the purpose of enabling electors, as such, to choose some public officer or officers under the laws of this territory, or of the United States.

§ 6291. Irregularities or defects in the mode of noticing, convening, holding or conducting an election authorized by law, form no defense to a prosecution for a violation of the provisions of this chapter.

§ 6292. Nothing in this chapter shall be construed to authorize the punishment of any persons who, by authority of law, may interfere to prevent or regulate an election which has been unlawfully noticed or convened, or is being, or is about to be, unlawfully conducted.

§ 6293. Every act which by the provisions of this chapter is made criminal when committed with reference to the election of a candidate, is equally criminal when committed with reference to the determination of a question submitted to electors to be decided by votes cast at an election.

§ 6294. Upon any prosecution for procuring, offering, or casting an illegal vote, the accused may give in evidence any facts tending to show that he honestly believed upon good reason that the vote complained of was a lawful one; and the jury may take such facts into consideration in determining whether the acts complained of were knowingly done or not.

§ 6295. Every person who sells, gives away or disposes of any intoxicating liquors as a beverage, on the day of any general election, or special or local election, in the town, city or county where held, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by imprisonment in the county jail not to exceed twenty days, and by fine not exceeding one hundred and not less than fifty dollars, such fine to go to the county general fund.

§ 6296. Every person who executes any of the functions of 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.

§ 6297. 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.