Page:1864-65 Territory of Dakota Session Laws.pdf/104

92 306 Use of force or violence declared not unlawful in certain cases.

307. Punishment of assault or assault and battery.

308. Assaults with dangerous weapons, &c.

Sec. 304. An assault is any willful and unlawful attempt or offer, with force or violence, to do a corporal hurt to another.

Sec. 305. A battery is any willful and unlawful use of force or violence upon the person of another.

Sec. 306. To use or to attempt to offer to use force or violence upon or towards the person of another is not unlawful in the following cases:

1. When necessarily committed by a public officer in the performance of any legal duty; or by any other person assisting him or acting by his direction;

2. When necessarily committed by any person in arresting one who has committed any felony, and delivering him to a public officer competent to receive him in custody;

3. When committed either by the party about to be injured or by any other person in his aid or defense, in preventing or attempting to prevent in offense against his person, or any trespass or other unlawful interference with real or personal property in his lawful possession ; provided the force or violence used is not more than sufficient to prevent such offense.

4. When committed by a parent or the authorized agent of any parent, or by any guardian, master, or teacher, in the exercise of a lawful authority to restrain or correct his child, ward, apprentice or scholar; provided restraint or correction has been rendered necessary by the misconduct of such child, ward, apprentice or scholar, or by his refusal to obey the lawful command of such parent, or authorized agent or guardian, master or teacher, and the force or violence used is reasonable in manner and moderate in degree;

5. When committed by a carrier of passengers, or the authorized agents or servants of such carrier, or by any person assisting them, at their request, in expelling from any carriage, railroad car, vessel or other vehicle, any passenger who refuses