Page:1887 Compiled Laws of Dakota Territory.pdf/1121

Crimes Against the Public Health. person, in any other manner or in any other place than is authorized by law, is guilty of a misdemeanor.

§ 6629. Every person who, either solely or as a member of a court, in the execution of a judgment, order or process, knowingly recommits, imprisons or restrains of his liberty, for the same cause, any person who has been discharged from imprisonment upon a writ of deliverance, is guilty of a misdemeanor; and, in addition to the punishment prescribed therefor, he forfeits to the party aggrieved one thousand dollars, to be recovered in a civil action.

§ 6630. Every person having in his custody or power, or under his restraint, a party who, by the provisions of the law relating to habeas corpus, would be entitled to a writ of habeas corpus, or for whose relief such writ has been issued, who, with intent to elude the service of such writ, to avoid the effect thereof, transfers the party to the custody, or places him under the power or control of another, or conceals or changes the place of his confinement, or who, without lawful excuse, refuses to produce him, is guilty of a misdemeanor.

§ 6631. Every person who knowingly assists in the violation of the last section is guilty of a misdemeanor.

§ 6632. A public nuisance is a crime against the order and economy of the territory, and consists in unlawfully doing any act or omitting to perform any duty required by the public good, which act or omission either:

1. Annoys or injures the comfort, repose, health or safety of any considerable number of persons; or,

2. Offends public decency; or,

3. Unlawfully interferes with, obstructs, or tends to obstruct, any lake, or any navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or,

4. In any way renders life or the use of property uncomfortable.

§ 6633. An act which affects a considerable number of persons in either of the ways specified in the last section, is not less a nuisance because the extent of the damage is unequal.

§ 6634. Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed,