Page:Revised Codes of the State of North Dakota 1895.pdf/1401

General Provisions. § 7705. When term of imprisonment commences to run. The term of imprisonment fixed by the judgment in a criminal action commences to run only from the time of the sentence of the defendant; but if thereafter, during such term, the defendant escapes or by any legal means is temporarily released from such imprisonment and subsequently returned thereto the time during which he was at large must not be computed as part of such term.

§ 7706. Civil rights suspended. A sentence of imprisonment in the penitentiary for any term less than for life, suspends all the civil rights of the person 50 sentenced, and forfeits all public offices, and all private trusts, authority or power, during the term of such imprisonment.

§ 7707. Civil death. A person sentenced to imprisonment in the penitentiary for life, is thereafter deemed civilly dead.

§ 7708. Last two sections limited. The provisions of the last two sections must not be construed to render the person therein mentioned incapable of making and acknowledging a sale or conveyance of property.

§ 7709. Person convicted under protection of law. The person of a convict sentenced to imprisonment in the penitentiary is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if he was not convicted or sentenced.

§ 7710. Conviction does not work forfeiture. No conviction of any person for crime works any forfeiture of any property, except in cases where a forfeiture is expressly imposed by law.

§ 7711. Testimony. Perjury. Privilege. The various sections of this code which declare that evidence obtained upon the examination of a person as a witness shall not be received against him in any criminal proceeding, do not forbid such evidence being proved against such person upon any proceedings founded upon a charge of perjury committed in such examination.

§ 7712. Definitions of terms. Wherever the terms mentioned in the following sections are employed in this code, they are deemed to be employed in the senses hereafter affixed to them, except when a different sense plainly appears.

§ 7713. Willfully defined. The term “willfully," when applied to the intent with which an act is done or omitted implies simply a purpose or willingness to commit the act or omission referred to.

§ 7714. Negligent. Negligence. The terms "neglect," "negligence," "negligent," and "negligently," when so employed, import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns.

§ 7715. Corruptly. The term "corruptly." when so employed, imports a wrongful design to acquire, or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person.

§ 7716. Malice. Maliciously. The terms "malice," and "maliciously," when so employed. import a wish to vex, annoy or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.

§ 7717. Knowingly. The term “knowingly," when so applied, imports only a knowledge that the facts exist which bring the act or 1367