Page:Revised Codes of the State of North Dakota 1895.pdf/1292

§§ 7085-7092 § 7085. Abortion. Killing unborn quick child. The willful killing of an unborn quick child by an injury committed upon the person of the mother of such child, and not prohibited in the next following section, is manslaughter in the first degree.

§ 7086. Abortion by administering drugs. Instruments. Every person who administers to any woman pregnant with a quick child, or who prescribes for such woman, or advises or procures any such woman to take any medicine, drug or substance whatever or who uses or employs any instrument or other means with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, is guilty in case the death of the child or of the mother is thereby produced, of manslaughter in the first degree.

§ 7087., Manslaughter in second degree defined. Every killing of one human being by the act, agency, 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.

§ 7088. Owner of mischievous animal. If the owner of a mischievous animal, knowing its propensities, willfully 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.

§ 7089. Negligently navigating vessel. Overloading. Every person navigating any vessel for gain who willfully 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.

§ 7090. Steamboat. Passengers. Negligence. Racing. 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.

§ 7091. Engineer. Negligence. Producing death. 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 willfully 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.

§ 7092. Physician. Intoxication. Producing death. 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.