Page:1864-65 Territory of Dakota Session Laws.pdf/105

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PENAL CODE.
93

to obey a lawſul 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.

Sec. 307. Assault or assault and battery is punishable by imprisonment in a county jail not exceeding one year, or by fine not exceeding one thousand dollars, or both.

Sec 308. Every person who, with intent to do bodily harm, and without justifiable or excusable cause, commits any assault 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 fire-arms, 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.

CHAPTER X.

LIBEL

Section 309. Libel defined.

310. Libel a misdemeanor.

311. Malice presumed.

312. Truth may be given in evidence.

313. Publication defined.

314. Liability of editors and others.

315. Publishing a true report of public official proceedings privileged.