Page:1887 Compiled Laws of Dakota Territory.pdf/1105

Libel. upon the person of another with any sharp or dangerous weapon, or who, without such cause, shoots or attempts to shoot at another, with any kind of firearm or air gun or other means whatever, with intent to injure any person, although without intent to kill such person or to commit any felony, is punishable by imprisonment in the territorial prison not exceeding five years, or by imprisonment in a county jail not exceeding one year.

§ 6511. Any malicious injury to good name, other than by words orally spoken, is a libel.

§ 6512. Every person who wilfully, and with a malicious intent to injure another, publishes any libel, is guilty of a misdemeanor.

§ 6513. An injurious publication is presumed to have been malicious, if no justifiable motive for making it is shown.

§ 6514. In all criminal prosecutions or indictments for libel, the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous is true and was published with good motives and for justifiable ends, the party shall be acquitted.

§ 6515. To sustain a charge of publishing a libel it is not needful that the words complained of should have been read by any person. It is enough that the accused knowingly parted with the immediate custody of the libel under circumstances which exposed it to be read by any other person than himself.

§ 6516. Each author, editor and proprietor of any book, newspaper or serial publication, and each member of any partnership or incorporated association by which any book, newspaper or serial publication is issued, is chargeable with the publication of any words contained in any part of said book, or number of such newspaper or serial.

§ 6517. No reporter, editor or proprietor of any newspaper is liable to any prosecution for a fair and true report of any judicial, legislative or other public official proceedings, or of any statement, speech, argument or debate in the course of the same, except upon proof of malice in making such report, which shall in no case be implied from the mere fact of publication.

§ 6518. Libelous remarks or comments connected with matter privileged by the last section, receive no privilege by reason of their being so connected.

§ 6519. A communication made to a person interested in other the communication, by one who was also interested or who stood in such a relation to the former as to afford a reasonable ground for supposing his motive innocent, is not presumed to be malicious, and is called a privileged communication.

§ 6520. Every person who threatens to another to publish a libel concerning him or any parent, husband, wife or child of such person, or member of his family, is guilty of a misdemeanor.