195. By negligent use of machinery. A person who, by any act of negligence or misconduct in a business or employment in which he is engaged, or in the use or management of any machinery, animals, or property of any kind, intrusted to his care, or under his control, or by any unlawful, negligent or reckless act, not specified by or coming within the foregoing provisions of this chapter, or the provisions of some other statute, occasions the death of a human being, iз guilty of manslaughter in the second degree.

3 R. S. 934, § 24.

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

3 R. S. 934, § 19.

§ 197. Killing by overloading passenger vessel. A person navigating a vessel for gain, who willfully or negligently receives so many passengers or such a 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.

3 R. S. 934, § 20.

§ 198. Liability of persons in charge of steamboats. A person having charge of a steamboat used for the conveyance of passengers, or of a boiler or engine thereof, who, from ignorance, recklessness, 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 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.

3 R. S. 934, § 21.

§ 199. Liability of persons in charge of steam engines. An engineer or other person, having charge of a steam boiler, steam engine, or other apparatus for generating 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.

8 R. S. 934, § 21.

200. Liability of physicians. A physician or surgeon, or person practicing as such, who, being in a state of intoxication without a design 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 man. slaughter in the second degree.

Id. § 22.

§ 201. Liability of persons making or keeping gunpowder contrary to law. A person who makes or keeps gunpowder or any other explosive substance within a city or village, in any 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.

§ 202. [am'd 1892.] Punishment of manslaughter in second degree. Manslaughter in the second degree is punishable by imprisonment for a term not exceeding fifteen years, or by a fine of not more than one thousand dollars, or by both.

3 R. S. 935, § 25.

203. Homicide, when excusable. Homicide is excusable when committed by accident 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.

Id. 932, § 4.

§ 204. Justifiable homicide. Homicide is justifiable when committed by a public officer, or a person acting by his command and in his aid and assistance, either

1. In obedience to the judgment of a competent court; or

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. 3 R. S. 932, § 23.

§ 205 Same.

either

Homicide is also justifiable when committed,

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 accom plished; 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.

3 R. S. 932, § 23.

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.

§ 206. [Repealed 1894.]

§ 207. Maiming one's self to escape performance of a duty. A person who, with design to disable himself from performing a legal duty, existing or anticipated, inflicts upon himself an injury, whereby he is so disabled is guilty of a felony.

§ 208. Maiming one's self to obtain alms. A person who inflicts upon himself an injury, 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.

§ 209. What injury may constitute maiming. To constitute maiming, it is immaterial by what means or instrument, or in what manner, the injury was inflicted.

§ 210. Subsequent recovery of injured person, when a defense. Where it appears, upon a trial for maiming another 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 appear

ance, 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.

CHAPTER IV.

KIDNAPPING.

SECTION 211. Kidnapping defined.

212. Indictment, when triable.

213. Effect of consent of injured person.

214. 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. Kidnapping defined. 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. [am'd 1888.] Leads, takes, entices away, or detains a child under the age of sixteen years, with intent to keep or conceal it from its parents, guardian, or other person having the lawful care or control therecf, 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.

3 R. 8. 936, § 35.

§ 212. Indictment, where triable. An indictment for kidnap ping may be tried either in the county in which the offense was committed, or in any county through or in which the person kidnapped or confined was taken or kept, while under confinement or restraint.

3 R. S. 937, § 36.

§ 213. Effect of consent of injured person. Upon a trial for a violation of this chapter, the consent thereto of the person kidnapped or confined 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.

3 R. 8. 937, § 40.

§ 214. Selling services of person of color. A person who, within this state or elsewhere, sells or in any manner transfers, for any term, the services 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.

3 R. S. 937, § 42.

215. Removing from this state persons held to service in another state. A person claiming that he or another is entitled to the services of a person alleged to be held to labor or service in a state or territory of the United States who, except as authorized by special statute, take,, or removes, or 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. Penalty imposed on judicial officers. A judge, or other public officer of this state who grants or issues any warrant, certificate or other process, in any proceeding for the removal from this state of any person claimed as held to labor or service in a state or territory of the United States, except in pursuance of the statute of this state, is guilty of a misdemeanor; and in addition to the punishment therefor prescribed by law, he forfeits five hundred dollars to the party aggrieved, recoverable in a civil action.

CHAPTER V

ASSAULTS.

SECTION 217. Assault in first degree defined.

218. Id.; in second degree.

219. Id.; in third degree.

220. Assault in first degree, how punished.

221. Id.; in second degree.

222. Id.; in third degree.

228.

Use of force or violence, declared not unlawful, etc.

§ 217. Assault in first degree defined. A person who, with an intent to kill a human being, or to commit a felony upon the person or property of the one assaulted, or of another,