Page:Revised Codes of the State of North Dakota 1895.pdf/1299

Assault and Battery. § 7136. Attempts to induce challenge. Every person guilty of sending, uttering or making to another any words or signs whatever, with intent to provoke or induce such person to give or receive any challenge to fight a duel, is guilty of a misdemeanor.

§ 7137. Posting for not fighting. Every person who posts or publishes another for not fighting a duel or for not sending or accepting a challenge to fight a duel, or who uses any reproachful or contemptuous language, verbal, written or printed, to or concerning another for not sending or accepting a challenge to fight a duel or with intent to provoke a duel, is guilty of a misdemeanor.

§ 7138. Leaving state to evade laws. Every person who leaves this state with intent to evade any of the provisions of this chapter and to commit any act out of the state such as is prohibited by this chapter, and who does any act although out of this state which would be punishable by said provisions, if committed within this state, is punishable in the same manner as he would have been, in case such act had been committed within this state.

§ 7139. Where may be tried. Such person may be prosecuted, informed against or indicted and tried in any county within this state.

§ 7140. No privilege against testifying. No person shall be excused from testifying or answering any question upon any investigation or trial for a violation of either of the provisions of this chapter, upon the ground that his testimony might tend to convict him of a crime. But no evidence given upon any examination of a person so testifying shall be received against him in any criminal prosecution or proceeding.

CHAPTER 25.

ASSAULT AND BATTERY.

§ 7141. Assault defined. An assault is any willful and unlawful attempt or offer, with force or violence, to do a corporal hurt to another.

§ 7142. Battery defined. A battery is any willful and unlawful use of force or violence upon the person of another.

§ 7143, When force not unlawful. To use or to attempt or 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 unlaw-