Page:1862-63 Territory of Dakota Session Laws.pdf/51

42 other person is engaged in the commission of a trespass, or other injury to private rights or property, or engaged in an attempt to commit such injury, or mere engaged in an unlawful act, which killing would not be manslaughter in the first or second degree, according to the provisions of the preceding sections of this chapter, shall be doomed manslaughter in the third degree.

Sec. 16. If the owner of a mischievous animal, knowing its propensities, willfully suffer it to go at large, or shall keep it without ordinary care, and such animal while so at large or not confined, kill any human being who shall have taken all the precautions which the circumstances may permit to avoid such animal, such owner shall be deemed guilty of manslaughter in the third degree.

Sec. 17. Any person navigating any boat or vessel for gain who shall willfully or negligently receive so many passengers, or such a quantity of other lading that by means thereof such boat or vessel shall sink or overset, and thereby any human being shall be drowned or otherwise killed, shall be deemed guilty of manslaughter in the third degree.

Sec. 18. If the captain, or any other person, having charge of any steamboat used for the conveyance of passengers, or if the engineer or other person, having charge of the boiler of such boat, or of any other apparatus, for the generation of steam, shall, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, create or allow to be created such an undue quantity of steam as to burst or break the boiler or other apparatus in which it shall be generated, or any apparatus or machinery connected therewith, by which in bursting or breaking any person shall be killed, every such captain, engineer or other person, shall be deemed guilty of manslaughter in the third degree.

Sec. 19. If any physician, while in a state of intoxication, shall without a design to effect death, administer any poison, drug or medicine, or do any other act to another person, which shall produce the death of such other, he shall be deemed guilty of manslaughter in the third degree.

Sec. 20. The involuntary killing of a human being by another, with any weapon not dangerous, or by any means neither