Page:1887 Compiled Laws of Dakota Territory.pdf/1104

§§ 6505-6510

§ 6505. An assault is any wilful and unlawful attempt or offer, with force or violence, to do a corporal hurt to another.

§ 6506. A battery is any wilful and unlawful use of force or violence upon the person of another.

§ 6507. To use or to attempt to offer to use force or violence upon or toward 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 an 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 to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force and violence used is not more than is sufficient to expel the offending passenger, with a reasonable regard to his personal safety.

6. When committed by any person in preventing an idiot, lunatic, insane person or other person of unsound mind, including persons temporarily or partially deprived of reason, from committing an act dangerous to himself or to another, or enforcing such restraint as is necessary for the protection of his person or for his restoration to health, during such period only as shall be necessary to obtain legal authority for the restraint or custody of his person.

§ 6508. Assault or assault and battery shall be punishable by imprisonment in a county jail not exceeding thirty days, or by a fine of not less than five dollars or more than one hundred dollars, or both, at the discretion of the court.

§ 6509. Justices of the peace shall have jurisdiction to fine and imprison in all cases arising under the provisions of this act, and may try and determine the same, subject to appeal by defendant as in other cases.

[Section 6509 was enacted s section 3 of chapter 35, laws of 1879, which act fixed the penalty for assault, assault and battery and petit larceny so as to bring these offenses within the determinate jurisdiction of justices of the peace.]

§ 6510. Every person who, with intent to do bodily harm, and without justifiable or excusable cause, commits any assault