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.

death, how to account.

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

to enforce the or

SEC. 349. The transfer and settlement required to be made by Authority of court 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.

AN ACT Regulating Crimes and Punishments of Crimes against the persons of Individuals.

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:

first degree.

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.

degree.

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

murder in the

SEO. 3. Persons convicted of murder in the first degree shall Punishment for suffer death. Those convicted of murder in the second degree arst and second

Justifiable homi⚫ide.

Exeusable homioida.

Verdict of not guilty directed in

or excusable homicide.

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

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 manner.

SEC. 6. Whenever it shall appear to any jury, upon the trial base of justifiable 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.

Killing without

design to effect

alaughter in the ârst degree.

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

Assisting another

in self-murder,

SEC. 8. Every person deliberately assisting another in the manslaughter in commission of self-murder, shall be deemed guilty of manslaughter in the first degree.

Arst degree.

Killing of unborn

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

quick child, man

ree.

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

medicine, or using

instrument to de

stroy quick child, manslaughter in

the second degres.

SEC. 10. Every person who shall administer to any woman, Administering pregnant with a quick child, any medicine, drug or substance whatsoever, or shall use or employ 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, 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 effect death, in the heat of passion, but in a cruel or unusual manner, unless it be committed under such circumstances as to constitute excusable or justifiable homicide, shall be deemed manslaughter in the second degree.

Killing in heat of

passion, without

design, etc.

unnecessarily while resisting

attempt to commit felony, etc.,

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

any case

manslaughter ia

second degree.

passion, without design, etc., in what case manslaughter in third

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 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, procurement or culpable negligence of another, whilst such other 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 propensities, unlawfully suffer it to go at large, or shall keep it 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 deemed guilty of manslaughter in the third degree.

SEC. 16. Any person navigating any boat or vessel for gain, who shall willfully or negligently receive so many passengers, or such quantity of other lading, that, by means thereof, such boat 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 while perting trespass, &c.

son is commit

manslaughter in third degree.

owner of animal son, &c., guilty of

which kills a per

manslaughter in third degree.

Persons navigatof manslaughter

ing vessel-guilty in third degree,

when.

neer, &c., of

steamboat,

through ignorance or neglect,

and any person is killed, guilty of mauslaughter in third degree.

If captain, engi- steamboat, used for the conveyance of passengers, or if the engineer or other person having charge of the boiler of such boat, create steam, &c., or of any apparatus for the generation of steam, shall, from ignorance 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 run

ning engine when

-punishment for

SEC. 18. Any engineer, having charge of a steamboat engine, not in good repair 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.

Master of steam

boat running when engine or

repair-punishment for.

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 engineer 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.

Manslaughter in third degree.

Manslaughter in fourth 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 manslaughter in the fourth degree.

fourth 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 second degrees, shall be punished as follows: First, If in the 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.

Punishment for

animeter in

first and second

degree.

manslaughter third degree.

SEC. 24. Every person convicted of manslaughter in the third Punishment for degree, shall be punished by confinement and hard labor for a term 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 dollars, and imprisonment in the county jail not less than three

months.

manslaughter in fourth degree.

SEC. 25. Every person convicted of manslaughter in the fourth Punishment for degree, shall be punished by confinement and hard labor for two 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.

ment.

SEC. 26. Every person who shall be convicted of rape, either Rape-its punishby 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.

ing a woman over ten years, &c.

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.

man to marry, &e

SEC. 28. Every person who shall take any woman unlawfully, Compelling 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