а

death, to ac

,

belonging to him, remaining in his hands, after deducting a sufficient sum to satisfy expenses which have been incurred in the execution of his trust and his lawful commission.

Sec. 348. In case of the death of such convict, the trustee del caschof his shall, in like manner, account with the personal representatives, count. and deliver to them the property and effects remaining.

Seo. 349. The transfer and settlement required to be made by Authority of conrt either of the two preceding sections, may be enforced by the der. court in a summary manner, on the application of the party interested.

Sec. 350. The trustee shall be allowed, as a full compensation Compensation of for his services, a commission at the rate of five per cent. on the whole sum which shall have come into his hands by virtue of his trust.

SEC. 351. This act to take effect and be in force from and after the first day of June next.

A. LARZALERE,
Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council. Approved February 9, 1859.

S. MEDARY, Governor.

trustee

CHAPTER XXVIII.

AN ACT Regulating Crimes and Punishments of Crimes against the persons

of Individuals.

first degree.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. Every murder which shall be committed by means Murder in the of poison or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, burglary or other felony, shall be deemed murder in the first degree.

Sec. 2. Every murder which shall be committed purposely and Murder in soad maliciously, but without deliberation and premeditation, shall be deemed murder in the second degree.

Seo. 3. Persons conyicted of murder in the first degree shall Punishment for suffer death. Those convicted of murder in the second degree det end second

degree.

shall be punished by confinement and hard labor for not less than

ten years.

Justifiablo bomiside.

Rrousable homioido.

Seo. 4. Homicide shall be deemed justifiable when committed by any person in either of the following cases : First, In resisting any attempt to murder such person, or to commit any felony upon him or her, or in any dwelling house in which such person shall be: or, Second, When committed in the lawful defence of such person, or of his or her husband or wife, parent, child, master, mistress, apprentice or servant, when there shall be reasonable cause to apprehend a design to commit a felony, or to do some great personal injury, and there shall be immediate danger of such design being accomplished : or, Third, When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot or insurrection, or in lawfully keeping or preserving the peace.

SEC. 5. Homicide shall be deemed excusable when committed by accident or misfortune in either of the following cases : First, in lawfully correcting a child, apprentice, servant, or in doing any other lawful act by lawful means, with usual and ordinary caution, and without unlawful intent: or, Second, In the heat of passion, upon any sudden or sufficient provocation, or upon sudden combat without any undue advantage being taken, and without any dangerous weapon being used, and not done in a cruel and unusual inanner.

Sec. 6. Whenever it shall appear to any jury, upon the trial
Suse t justifahlo of any person indicted for murder or manslaughter, that the

alleged homicide was committed under circumstances or in a case
where, by any statute or the common law, such homicide was
justifiable or excusable, the jury shall return a general verdict of
not guilty.

Sec. 7. The killing of a human being, without a design to
effect death, by the act, procurement or culpable negligence of
another, while such other is engaged in the perpetration or at-
tempt to perpetrate any crime or misdemeanor, not amounting to
a felony, in cases when such killing would be murder at the com-
mon law, shall be deemed manslaughter in the first degree.

Sec. 8. Every person deliberately assisting another in tho manslaughter in commission of self-murder, shall be deemed guilty of manslaugh

ter in the first degree.

Sec. 9. The wilful killing of any unborn quick child, by any Slaughter in first injury to the mother of such child, which would be murder if it

Verdict of not guilty directed in

or excusable ioido.

Killing without design to effect death, &n., manslaughter in the Orst degree.

Assisting another

,

irst degree.

child,

in

passion, without

unnecessarily

aitempt

,

second degree.

passion, design, ,

slaughter in third

resulted in the death of such mother, shall be deemed manslaughter in the first degree.

Sec. 10. Every person who shall administer to any woman, Administering pregnant with a quick child, any medicine, drug or substance instrument to ille whatsoever, or shall use or employ any instrument or other means, the second degree. with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, or shall have been advised by a physician to be necessary for that purpose, shall be deemed guilty of manslaughter in the second degree.

Sec. 11. The killing of a human being, without a design to Killing in the most a effect death, in the heat of passion, but in a cruel or unusual design, etc. manner, unless it be committed under such circumstances as to constitute excusable or justifiable homicide, shall be deemed manslaughter in the second degree.

SEC. 12. Every person who shall unnecessarily kill another, Killing person either while resisting an attempt by such other person to commit wikálo preto some any felony, or do any other unlawful act, after such attempt shall manslaughter is have failed, shall be deemed guilty of manslaughter in the second degree.

Sec. 13. The killing of another, in the heat of passion, with Killing in heat of out a design to effect death, by a dangerous weapon, in any case donde no se contabile except wherein the killing of another is justifiable or excusable, degree. shall be deemed manslaughter in the third degrec.

Sec. 14. The voluntary killing of a human being, by the act, konting online procurement or culpable negligence of another, whilst such other ting trespass, do person is engaged in the commission of a trespass, or other injury to private rights or property, or engaged in any attempt to commit such injury, shall be deemed manslaughter in the third degree.

Seo. 15. If the owner of a mischievous animal, knowing its owner of animal propensities, unlawfully suffer it to go at large, or shall keep it on their without ordinary care, and such animal, while so at large or not confined, kills any human being, who shall have taken the precautions, which the circumstances may permit, to avoid such animal, such owner shall be decmed guilty of manslaughter in the third degree.

Sec. 16. Any person navigating any boat or vessel for gain, Persona navigatwho shall willfully or negligently receive so many passengers, or of humalaehter such quantity of other lading, that, by means thereof, such boat when, or vessel shall sink or overset, and thereby any. human being shall be drowned, or otherwise killed, such person shall be deemed guilty of manslaughter in the third degree. Sec. 17. If any captain or other person having charge of

any

Killing per

in

third degree.

which kills & por

in

third degree.

ing vessel-guilty in degree,

,

neer, &c., of steamboat, through ignor

,

and any is mauslaughtor tbird degree.

ning engine when

Master of steamboat running

If captain, engi- steamboat, used for the conveyance of passengers, or if the en

gineer or other person having charge of the boiler of such bout, creato steam, &, or of any apparatus for the generation of steam, shall, from igLilled, builty of norance or gross neglect, or for the purpose of excelling any

other boat in speed, create or allow to be created such an undue quantity of steam as to break or burst 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 shall be killed, every such captain, engineer or other person

shall be deemed guilty of manslaughter in the third degree. Engineer ran- Sec. 18. Any engineer, having charge of a steamboat engine, not in Sweden for who shall, willfully or negligently, run said engine when it is not

in good repair, or any of the machinery connected therewith is in a condition from which explosions or breakages may be reasonably expected, or shall, willfully or negligently, fail to report to the master or owner the condition of such engine, or other machinery therewith connected, so being out of repair, or in a condition unsafe for navigation, shall be fined in a sum not less than one hundred nor more than one thousand dollars.

Sec. 19. If any master or owner of a steamboat shall make, machinery out of or cause to be made, a trip with such boat, after the engine or

machinery connected therewith shall have been reported to him as unsafe or out of repair, according to the provisions of the preceding sections, without making adequate repairs; or if any engincer shall willfully or negligently take charge of and run an engine on such boat, knowing it has been so reported unfit or out of repair, unless, in either case, the engineer last aforesaid has followed the business of steamboat engineering for five years, and, upon examination of said engine and machinery, shall report, upon oath and in writing, that said engine and machinery are in good order, such master, owner or engineer shall be fined in a sum not less than five hundred dollars; and, if any accident happen, by which any person is killed, shall be deemed guilty of manslaughter in the third degree.

Sec. 20. If any physician, while in a state of intoxication, shall, without a design to effect death, administer any potion, drug or medicine, or do any other act to another person which shall produce the death of such other, he shall be deemed guilty of manslaughter in the third degree.

Sec. 21. The involuntary killing of another, by a weapon, or by means neither cruel or unusual, in the heat or passion, in any cases other than justifiable homicide, shall be deemed manslaugh. ter in the fourth degree.

repair-punishment for.

Manslaughter la third degree.

Manslaughter in foarth degree.

.

first and second

manslaughter third degree.

SEC. 22. Every other killing of a human being, by the act, Manslaughter in procurement or culpable negligence of another, which would be manslaughter at the common law, and which is not excusable or justifiable, or is not declared in this article to be manslaughter in some other degree, shall be deemed manslaughter in the fourth degree.

Sec. 23. Persons convicted of manslaughter in the first and manslaughter in second degrees, shall be punished as follows: First, If in the degree. first degree, by confinement and hard hard labor for a term not less than five years nor more than twenty-one years : Second, If in the second degree, by confinement and hard labor for a term not less than three nor more than five years.

Sec. 24. Every person convicted of manslaughter in the third Punishment for degree, shall be punished by confinement and hard labor for a

'm not exceeding three years, or by imprisonment in the county jail, not less than six months, or by fine not less than five hundred dollars, or by both a fine, not less than one hundred dol. lars, and imprisonment in the county jail not less than three months.

SEC. 25. Every person convicted of manslaughter in the fourth Punishment for degree, shall be punished by confinement and hard labor for two fourth degree. years, or by imprisonment in the county jail not less than six months, or by fine, not less than five hundred dollars, or by both a fine, not less than one hundred dollars, and imprisonment in the county jail not less than three months.

Sec. 26. Every person who shall be convicted of rape, either Rape-its pue ishby carnally and unlawfully knowing auy female child under the age of ten years, or by forcibly ravishing any woman of the age of ten years or upwards, shall be punished by confinement and hard labor, not less than five years nor more than twenty-one years.

Sec. 27. Every person who shall have carnal knowledge of Carnally knowany woman above the age of ten years, without her consent, by administering to her any substance or liquid or any potion, by inhalation or otherwise, which shall produce such stupor, or such imbecility of mind or weakness of body as to prevent effectual resistance, shall, upon conviction, be adjudged guilty of rape, and be punished as in the last section specified.

Sec. 28. Every person who shall take any woman unlawfully, Commedlings against her will, and by force, menace or duress, compel her to marry him, or to marry any other person, or to be defiled, upon conviction thereof, shall be punished by confinement and hard

manslanghter in

.

ment

ing a woman over ten years, &c.