Page:1887 Compiled Laws of Dakota Territory.pdf/1098

§§ 6453-6462

§ 6453. Every person guilty of manslaughter in the first degree is punishable by imprisonment in the territorial prison for not less than four years.

§ 6454. Every killing of one human being by the act, procurement or culpable negligence of another, which, under the provisions of this chapter, is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree.

§ 6455. If the owner of a mischievous animal, knowing its propensities, wilfully suffers it to go at large, or keeps it without ordinary care, and such animal, while so at large or not confined, kills any human being who has taken all the precautions which the circumstances permitted, to avoid such animal, the owner is deemed guilty of manslaughter in the second degree.

§ 6455. Every person navigating any vessel for gain who wilfully or negligently receives so many passengers or such a quantity of other lading on board such vessel that by means thereof such vessel sinks, or is overset or injured, and thereby any human being is drowned or otherwise killed, is guilty of manslaughter in the second degree.

§ 6457. Every captain or other person having charge of any steamboat used for the conveyance of passengers, or of the boilers or engines thereof, who, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, creates or allows 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 bursting or breaking any person is killed, is deemed guilty of manslaughter in the second degree.

§ 6458. Every engineer, or other person having charge of any steam boiler, steam engine or other apparatus for generating or employing steam, employed in any manufactory, railway or other mechanical works, who wilfully or from ignorance or gross neglect creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine or apparatus, or to cause any other accident whereby the death of a human being is produced, is guilty of manslaughter in the second degree.

§ 6459. Every physician who, being in a state of intoxication, without a design to effect death, administers any poison, drug or medicine, or does any other act as such physician, to another person, which produces the death of such other person, is guilty of manslaughter in the second degree.

§ 3460. Every person guilty of making or keeping gunpowder or saltpeter within any city or village, in any quantity or manner such as is prohibited by law or by any ordinance of said city or village, in consequence whereof any explosion occurs whereby any human being is killed, is guilty of manslaughter in the second degree.

§ 6461. Every person guilty of manslaughter in the second degree is punishable by imprisonment in the territorial prison not more than four years, and not less than 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 fine and imprisonment.

§ 6462. Homicide is excusable in the following cases:

1. When committed by accident and misfortune, in lawfully correcting a child or servant, or in doing any other lawful act, by