the animal, the owner is guilty of manslaughter in the second degree. a $197. A person navigating a vessel for gain, who will. fully or negligently receives so many passengers or such quantity of other lading on board the vessel, that, by means thereof, the vessel sinks, or is overset or injured, and thereby a human being is drowned, or otherwise killed, is guilty of manslaughter in the second degree. Killing by ger vessel. overloading passen of persons of steami § 198. A person having charge of a steamboat used for Liability the conveyance of passengers, or of a boiler or engine in charge thereof, who, from ignorance, recklessness, or gross neglect, boats. 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 the boiler, or other apparatus in which it is generated or contained, or to break any apparatus or machinery connected therewith, whereby the death of a human being is occasioned, is guilty of manslaughter in the second degree. of persons of steam engines. § 199. An engineer or other person, having charge of a Liability steam boiler, steam engine, or other apparatus for generat- in charge ing or applying steam, employed in a boat or railway, or in a manufactory, or in any 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 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. of physi § 200. A physician or surgeon, or person practicing as Liability such, who, being in a state of intoxication, without a design cians. to effect death, administers a poisonous drug or medicine, or does any other act as a physician or surgeon, to another person, which produces the death of the latter, is guilty of manslaughter in the second degree. of persons §201. A person who makes or keeps gunpowder or any Liability other explosive substance within a city or village, in any making or der con trary to law. gunpow- quantity or manner prohibited by law, or by ordinance of the city or village, if any explosion thereof occurs, whereby the death of a human being is occasioned, is guilty of manslaughter in the second degree. Punish ment of man slaughter $202. Manslaughter in the second degree is punishable by imprisonment for not less than one year, nor more than in second fifteen years, or by a fine of not more than one thousand dollars, or by both. degree. Homicide, when excusable. homicide 203. Homicide is excusable when committed by acci dent and misfortune, in lawfully correcting a child or servant, or in doing any other lawful act, by lawful means, with ordinary caution, and without any unlawful intent. Justifiable § 204. Homicide is justifiable when committed by a public officer, or a person acting by his command and in his aid and assistance, either Same. or 1. In obedience to the judgment of a competent court; 2. Necessarily, in overcoming actual resistance to the execution of the legal process, mandate or order of a court or officer, or in the discharge of a legal duty; or 3. Necessarily, in retaking a prisoner who has committed, or has been arrested for, or convicted of a felony, and who has escaped or has been rescued, or in arresting a person who has committed a felony and is fleeing from justice; or in attempting by lawful ways and means to apprehend a person for a felony actually committed, or in lawfully suppressing a riot, or in lawfully preserving the peace. § 205. Homicide is also justifiable when committed, either 1. In the lawful defense of the slayer, or of his or her husband, wife, parent, child, brother, sister, master or servant, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony, or to do some great personal injury to the slayer, or to any such person, and there is imminent danger of such design being accomplished; or 2. In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling or other place of abode in which he is. CHAPTER III. MAIMING. SECTION 206. Maiming defined; how punished. 207. Maiming one's self to escape performance of a duty. .208. Maiming one's self to obtain alms. 209. What injury may constitute maiming. 210. Subsequent recovery of injured person, when a defense. defined, § 206. A person who willfully, with intent to commit a Maiming felony, or to injure, disfigure, or disable, inflicts upon the how punperson of another an injury which, 1. Seriously disfigures his person by any mutilation thereof; or 2. Destroys, or disables any member or organ of his body; or of 3. Seriously diminishes his physical vigor by the injury any member or organ; Is guilty of maiming, and is punishable by imprisonment for not less than three, nor more than fifteen years. The infliction of the injury is presumptive evidence of the intent. ished. one's self perform § 207. A person who, with design to disable himself Maiming from performing a legal duty, existing or anticipated, in- to escape fiicts upon himself an injury, whereby he is so disabled ance of a is guilty of a felony. duty. one's self to obtain alms. § 208. A person who inflicts upon himself an injury, Maiming such as if inflicted upon another would constitute maiming, with intent to avail himself of such injury, in order to excite sympathy, or to obtain alms, or any charitable relief, is guilty of a felony. What injury § 209. To constitute maiming, it is immaterial by what means or instrument, or in what manner, the injury was maiming. inflicted. may constitute Subsequent injured person, when a defense. § 210. Where it appears, upon a trial for maiming an recovery of other person, that the person injured has, before the time of trial, so far recovered from the wound, that he is no longer by it disfigured in personal appearance, or disabled in any member or organ of his body, or affected in physical vigor, no conviction for maiming can be had; but the defendant may be convicted of assault in any degree. Kidnapping defined. CHAPTER IV. KIDNAPPING. SECTION 211. Kidnapping defined. 14. Selling services of person of color. 215. Removing from this state persons held to service in another state. 216. Penalty imposed on judicial officers. § 211. A person who willfully, 1. Seizes, confines, inveigles, or kidnaps another, with intent to cause him, without authority of law, to be secretly confined or imprisoned within this state, or to be sent out of the state, or to be sold as a slave, or in any way held to service or kept or detained, against his will; or 2. Leads, takes, entices away, or detains a child under the age of twelve years, with intent to keep or conceal it from its parent, guardian, or other person having the lawful care, or control thereof, or to extort or obtain money or reward for the return or disposition of the child, or with intent to steal any article about or on the person of the child: or 3. Abducts, entices, or by force or fraud unlawfully takes, or carries away another, at or from a place without the state, or procures, advises, aids, or abets such an abduction, enticing, taking, or carrying away, and afterwards sends, brings, has, or keeps such person, or causes him to be kept or secreted within this state; Is guilty of kidnapping, and is punishable by imprisonment for not more than fifteen years. ment, triable. § 212. An indictment for kidnapping may be tried either Indictin the county in which the offense was committed, or in any where county through or in which the person kidnapped or confined was taken or kept, while under confinement or restraint. consent of person. § 213. Upon a trial for a violation of this chapter, Effect of the consent thereto of the person kidnapped or confined injured shall not be a defense, unless it appear satisfactorily to the jury that such person was above the age of twelve years, and that the consent was not extorted by threats or duress. vices of color. § 214. A person who, within this state or elsewhere, selling sersells or in any manner transfers, for any term, the services person of or labor of any person who has been forcibly taken, inveigled, or kidnapped in or from this state, is punishable by imprisonment in a state prison not exceeding ten years. from this sons another § 215. A person claiming that he or another is enti- Removing tled to the services of a person alleged to be held to labor state peror service in a state or territory of the United States who, held to except as authorized by special statute, takes, or removes, or state. willfully does any act tending towards removing from this state any such person, is guilty of felony, punishable by imprisonment in the state prison not exceeding ten years, and by a penalty of five hundred dollars, recoverable in a civil action by the party aggrieved. § 216. A judge, or other public officer of this state Penalty who grants or issues any warrant, certificate or other pro- on judicial imposed officers. |