Page:Revised Codes of the State of North Dakota 1895.pdf/1295

Kidnaping. which is calculated to disfigure or disable, unless the circum- stances raise a reasonable doubt whether such design existed.

§ 7107. Premeditated design suficient. A premeditated design to injure, disfigure or disable, sufficient to constitute maiming, may be formed instantly before inflicting the wound.

§ 7108. Subsequent recovery. Conviction. When it appears, upon a trial for maiming another person, that the person injured has, before the time of trial, so 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.

§ 7109. Punishment for maiming. Every person guilty of maiming is punishable by imprisonment in the penitentiary not less than one and 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.

CHAPTER 20.

KIDNAPING.

§ 7110. Kidnaping defined. Defense. Exception. 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 state against his will; or,

2. To cause such other person to be sent out of this state 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 penitentiary not less than one and 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.

§ 7111. Selling services of other persons. Every person who, within this state 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 his state, is punishable by imprisonment in the penitentiary not less than one and not exceeding ten years.

§ 7112. Removing from state persons held to service. 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