Page:1864-65 Territory of Dakota Session Laws.pdf/98

86 2. To cause such other person to be sent out of this territory against his will; or

3. To cause such person to be sold as a slave, or in any way held to service against his will, is punishable by imprisonment in the territorial prison not exceeding ten years.

Sec. 273. Upon any trial for a violation of the preceding section the consent of the person kidnapped or confined thereto shall not be a defense, unless it appear satisfactorily to the jury that such person was above the age of twelve years, and that such consent was not extorted by threats or by duress.

Sec. 274. Every person who, within this territory or elsewhere, sells or in any manner transfers, for any term, the services or labor of any black, mulatto, or other person of color, who has been forcibly taken or inveigled, or kidnapped from this territory is punishable by imprisonment in the territorial prison not exceeding ten years.

Sec. 275. Every person claiming that he or another is entitled to the service of a person alleged to be held to labor or service in a state or territory of the United States who, except as authorized by law, takes or removes or willfully does any act tending towards removing from this territory any such person, is guilty of felony, punishable by imprisonment in the territorial prison not exceeding ten years, and by a penalty of five hundred dollars, recoverable in a civil action by the party aggrieved.

Sec. 276. Every judge or other public officer of this territory who grants or issues any warrant, certificate or other process in any proceeding for the removal from this territory of any person claimed as held to labor or service in a state or territory of the United States, except in pursuance of positive enactment, is guilty of a misdemeanor; and in addition to the punishment therefor prescribed by law, he forfeits five hundred dollars to the party aggrieved, recoverable in a civil action.

Section 277. Administering poison.