Page:1887 Compiled Laws of Dakota Territory.pdf/1086

§§ 6351-6361

§ 6351. Every person who, having taken an 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, wilfully and contrary to such oath, states any material matter which he knows to be false, is guilty of perjury.

§ 6352. The term "oath", as used in the last section, includes an affirmation, and every other mode of attesting the truth of that which is stated, which is authorized by law.

§ 6353. So much of an oath of office as relates to the future performance of official duties is not such an oath as is intended

§ 6354. It is no defense to a prosecution for perjury that administration the oath was administered or taken in an irregular manner.

§ 6355. 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 made such deposition or certificate.

§ 6356. It is no defense to a prosecution for perjury that testimony not necessary. the accused did not know the materiality of the false statement made by him; or that it did not in fact affect the proceeding in or for which it was made. It is sufficient that it was material, and might have been used to affect such proceeding.

§ 6357. 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.

§ 6358. 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.

§ 6359. 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.

§ 6360. 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 his appearing and answering to an indictment for perjury.

§ 6361. Such court shall thereupon bind over the witnesses to establish such perjury to appear at the proper court to testify