Page:1864-65 Territory of Dakota Session Laws.pdf/94

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82
PENAL CODE.

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.

Sec. 254. 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.

Sec. 255. Every, captain or other person having charge of any steamboat used for the conveyance of passengers, or of the boilers and 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.

Sec. 256. 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.

Sec. 257. 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.

Sec. 258. Every person guilty of making or keeping gunpowder or saltpetre 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