Page:1887 Compiled Laws of Dakota Territory.pdf/1100

§§ 6470-6477

§ 6470. A design to injure, disfigure or disable, is inferred from the fact of inflicting an injury which is calculated to disfigure or disable, unless the circumstances raise a reasonable doubt whether such design existed.

§ 6471. A premeditated design to injure, disfigure or disable, sufficient to constitute maiming, may be formed instantly before inflicting the wound.

§ 6472. Where it appears, upon a trial for maiming another person, that the person injured has, before the time of trial, se far recovered from the wound that he is no longer by it disfigured in personal appearance, or disabled in any member or organ of his body, or affected in physical vigor, no conviction for maiming shall be had; but the accused may be convicted of assault and battery, with or without a special intent, according to the proof.

§ 6473. Every person guilty of maiming is punishable by imprisonment in the territorial prison not exceeding seven years, or by imprisonment in a county jail not exceeding one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment.

§ 6474. Every person who, without lawful authority, forcibly seizes and confines another, or inveigles or kidnaps another, with intent, either:

1. To cause such other person to be secretly confined or imprisoned in this territory against his will; or,

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. Upon any trial for a violation of this section, the consent thereto of the person kidnaped or confined, shall not be a defense, unless it appears satisfactorily to the jury, that such person was above the age of twelve years, and that such consent was not extorted by threat, or by duress.

§ 6475. 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 kidnaped from this territory, is punishable by imprisonment in the territorial prison not exceeding ten years.

§ 6476. 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 wilfully does any act tending toward 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.

§ 6477. 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