Page:1864-65 Territory of Dakota Session Laws.pdf/174

162 whether it has been delivered or issued as a valid instrument or not.

Sec. 609. Upon any indictment for embezzlement it is a sufficient defense that the property was appropriated openly and avowedly, and under a claim of title preferred in good faith even though such claim is untenable. But this provision shall not excuse the retention of the property of another to offset or pay demand held against him.

Sec. 610. The fact that the accused intended to restore the property embezzled, is no ground of defense, or of mitigation of punishment, if it has not been restored before an information has been laid before a magistrate, charging the commission of the offense.

Sec. 611. Whenever it is made to appear that prior to any information laid before a magistrate, charging the commission of embezzlement, the person accused voluntarily and actually restored or tendered restoration of the property alleged to have been embezzled, or any part thereof, such fact is not a ground of defense to the indictment, but it authorizes the court to mitigate punishment in its discretion.

Sec. 612. Every person guilty of embezzlement is punishable in the manner prescribed for feloniously stealing property of the value of that embezzled. And where the property embezzled is an evidence of debt or right in action, the sum due upon it, or secured to be paid by it, shall be taken as its value.

Section 613. Extortion defined.

614. What throats may constitute extortion.

615. Punishment of extortion in certain cases.

616. Punishment of extortion committed under color of official right.

617. Obtaining signature by means of threats.

618. Sending threatening letters.