Page:1862-63 Territory of Dakota Session Laws.pdf/52

Rh cruel nor unusual, in the heat of passion, shall be deemed man- slaughter in the fourth degree.

Sec. 21. Every other killing of a human being by the act, procurement, or culpable negligence of another where such killing is not justifiable or excusable, or is not declared in this chapter murder, or manslaughter is some other degree, shall be deemed manslaughter in the fourth degree.

Sec. 22. Persons convicted of manslaughter in the first, second, or third degrees, shall be punished by imprisonment in the territorial prison as follows: Persons convicted of manslaughter in the first degree, for term not less than seven years; if convicted of manslaughter in the second degree, for a term not more than seven nor less than four years; if convicted of manslaughter in the third degree, for & term not more than four years nor less than two years.

Sec. 23. Every person convicted of manslaughter in the fourth degree, shall be punished by imprisonment in the territorial prison for two years, or by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment.

Sec. 24. Every person who shall by previous engagement or appointment, fight a duel within the jurisdiction of this territory, and in so doing shall inflict a wound upon any person, whereof the person so injured shall die, shall be deemed guilty of murder in the second degree.

Sec. 25. Every person who shall be the second of either party in such duel as is mentioned in the preceding section, and shall be present when such wound shall be inflicted, whereof death shall ensue, shall be deemed to be an accessory before the fact to the crime of murder in the second degree.

Sec. 26. Every person who shall fight a duel, or act as a second or surgeon in the same, by previous arrangement, without this territory, shall be incapable of voting or holding any office within this territory, forever thereafter.

Sec. 27. Every person who shall engage in a duel with any deadly weapon, although no homicide ensue, or shall challenge another to fight such duel, or shall send or deliver any written or verbal message, purporting or intending to be such challenge, although no duel ensue, shall be punished by imprisonment in the territorial prison not more than ten years, nor less