Page:Revised Codes of the State of North Dakota 1895.pdf/1277

Perjury. § 1966. Incompetency no defense. 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.

§ 6967. Materiality not necessary. It is no defense to a prosecution for perjury that 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 proceedling.

§ 6968. When deposition complete. 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.

§ 6969. False statement. 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.

§ 6970. False list under oath, perjury. Every person who willfully makes or gives under oath or affirmation a false list of his taxable property, or a false list of the taxable property in his use or possession or under his control and required by law to be listed by him, is guilty of perjury.

§ 6971. Perjury, how punished. Perjury is punishable by imprisonment in the penitentiary as follows:

1. When committed on the trial of an information or 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 less than one and not more than ten years.

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

§ 6972. Summary committal of witness for perjury. 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 an undertaking with sureties for his appearing and answering to an information or indictment for perjury.

§ 6973. Witness to perjury bound over to appear. Such court shall thereupon bind over the witnesses to establish such perjury to appear at the proper court to testify upon the trial in case an information or an indictment is filed or found for such perjury, and shall also cause immediate notice of such commitment or undertaking with the names of the witnesses so bound over, to be given to the state's attorney of the county.

§ 6974. Papers. Documents retained. 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 state's attorney.

§ 6975. Sabornation of perjury defined. Every person who willfully procures another person to commit any perjury, is guilty of subornation of perjury.