TITLE XV.

OF OFFENCES INJURIOUS TO PUBLIC HEALTH.

CHAPTER I.

Of acts injurious to public health or safety.

Art. 331. No one shall carry on a manufactory of gunpowder, or shall keep more than ten pounds of gunpowder at one time, in any building within three hundred yards of any dwelling-house, or of any public road, or of any land belonging to any other person than the proprietor of the land on which such manufactory or building is erected, unless the owner of such adjacent land shall permit such manufactory to be carried on, and will agree not to build any dwelling-house within three hundred yards of such manufactory or building in which such gunpowder is stored. Any one offending against the provisions of this article, shall be fined five hundred dollars; and on conviction, may be enjoined by the court from carrying on such business.

Art. 332. Whoever shall carry on any trade, or business, or do any act that is injurious to the health of those who reside in the vicinity, or shall suffer any substance which shall have that effect, to remain on any real property possessed by him, shall be fined not exceeding three hundred dollars, and the party may be enjoined proceeding in the operations that are offensive to health, and ordered to remove such sub

stances.

Art. 333. Whoever shall wilfully ADULTERATE for the purpose of sale, or shall sell, knowing it to be adulterated, any wine, beer, spirits of any kind, or other liquor intended for drinking, with any substance that renders them injurious to the health of those who drink them, shall be fined not exceeding three hundred dollars, and the liquor so adulterated shall be forfeited and destroyed.

Art. 334. If any person shall fraudulently adulterate for sale, or shall sell, knowing them to be so adulterated, any drugs or medicines in such a manner as to lessen the efficacy or change the operation of such drugs or medicines, or to make them injurious to health, he shall be fined not less than one hundred nor more than five hundred dollars, and imprisoned not less than ten days nor more than six months, and the imprisonment may be in close custody.

TITLE XVI.

OF OFFENCES AGAINST MORALS.

CHAPTER I.

Of disorderly houses.

Art. 335. If any one shall keep a disorderly house, he shall be punished by fine not exceeding two hundred dollars, or by imprisonment in close custody not more than sixty days.

Art. 336. The houses that are punishable as disorderly, are:

1. Houses kept for the purpose of public prostitution, and DISTURB

ANCE.

2. Houses kept as taverns, or for the sale of spirituous liquors by retail, without license.

3. Licensed houses of the description last above mentioned, in which any act forbidden by the license, is permitted to be done.

4. Houses in which gambling is permitted in a manner contrary to some express law.

Art. 337. Any part of a building, appropriated to either of the purposes above enumerated, is a house within the meaning of this chapter. Art. 338. There must be more than one act of the kinds that are above forbidden, done in a house, to constitute it a disorderly house.

Art. 339. The wife may be punished with the husband, for keeping a disorderly house of the first description; but no house shall be comprehended in that term unless such acts are habitually permitted therein, as come within the description of those public exhibitions of person, which are made punishable by the next chapter, or unless acts are habitually done therein, which, if done in a public place, would amount to the offence of PUBLIC DISTURBANCE.

CHAPTER II.

Of offences against decency.

Art. 340. If any one shall make, publish or print any obscene print, picture or written or printed composition, manifestly designed to corrupt the morals of youth, or shall designedly make any indecent or obscene exhibitions of their persons or of those of another, in public,

by which pudicity is offended; he shall be imprisoned not more than six months, or fined not more than one thousand dollars, or both; and the imprisonment, or part of it, shall be in close custody.

Art. 341. If any one shall, with design to insult, in the hearing of any person of the female sex, utter any obscene or lascivious expressions, such as must shock the natural pudicity of that sex; he shall be imprisoned in close custody not less than five nor more than thirty days, or fined not exceeding fifty dollars, or both.

Art. 342. Whoever shall be guilty of SEDUCING a woman of good reputation under a promise of marriage, and shall violate his promise, shall be fined not less than one hundred nor more than one thousand dollars, or shall be imprisoned in close custody not less than one nor more than six months.

Art. 343. Whoever shall, for hire, procure the means of illicit connexion between persons of different sexes, or shall solicit or procure a woman to prostitute her person to another, shall be imprisoned not exceeding three months in close custody.

CHAPTER III.

Of adultery.

Art. 344. Adultery is a term of which the meaning, as affixed by this code, is precisely that which it bears in common parlance; it therefore needs no other description. When committed by the wife, it is an offence for which she forfeits all the matrimonial gains, to which she would otherwise be entitled; which immediately, on the conviction, are vested in those who would have been her legal heirs had she died on the day of conviction; she also forfeits her civil rights of the first class.

Art. 345. The person with whom a woman commits adultery shall suffer fine not less than one hundred and not exceeding two thousand dollars, or imprisonment not more than six months, or both.

Art. 346. The husband who commits adultery, by keeping a concubine in the house with his wife, or by forcing her by ill-treatment to abandon his house, and keeping his concubine in it, shall be fined not less than one hundred nor more than two thousand dollars; and his civil right of being tutor or curator to any minor, including his own children, is suspended from the time of conviction, for one year, and as much longer as he shall live with his concubine in the same house.

Art. 347. No prosecution for adultery shall be commenced, but on the complaint of the husband or wife; and the prosecution shall cease if the parties are reconciled before judgment.

Art. 348. A sentence of separation, in person and estate, for cause of adultery, must always be preceded by a conviction for that offence.

Art. 349. The indictment or information for adultery against the wife must be a joint one, against the woman and the man with whom the adultery is said to have been committed, if he be alive, and the one

cannot be found guilty without the other-subject to the modifications. contained in the Code of Procedure.

CHAPTER IV.

Of the violation of places of interment.

Art. 350. Whoever shall open a grave, or other place of interment, for the purpose of stealing the coffin, or any part thereof, or the vestments, or other articles, interred with any dead body which is deposited in such place of interment; shall be imprisoned at hard labour not less than one nor more than three years.

Art. 351. Whoever, for the purpose of sale, exposure or dissection, shall remove any dead body from the grave, or other place of interment-shall be fined not less than fifty nor more than three hundred dollars, or imprisoned not less than thirty nor more than ninety days.

Art. 352. The last preceding article does not extend to cases where a dead body shall be disinterred in the manner directed by the Code of Procedure, for the purpose of examination into the means by which the

deceased lost his life.

Art. 353. Whoever shall purchase, or sell, or otherwise than is hereinafter provided, shall dissect any dead body before its interment-shall be fined not less than fifty nor more than two hundred dollars, or shall be imprisoned not more than ninety days.

Art. 354. The last preceding article does not extend to cases where a dissection is ordered in case of suspicion of murder, according to the provisions of the Code of Procedure:

To cases where the deceased has himself directed it.

To cases where it is performed by the permission of the next of kin to the deceased.

Or, to cases where dissection is ordered by law to be perfomed upon the bodies of those who die in prison, under conviction of certain offences.

Art. 355. The dead body, intended by this chapter, is that of a human being.

TITLE XVII.

OF OFFENCES WHICH AFFECT PERSONS IN THE EXERCISE OF THEIR RELIGION.

Art. 356. If any one shall MALICIOUSLY prevent any person from doing any lawful act that is required by the religion he professes; or shall, by force or threats of force, or of injury to person or property, oblige, or endeavour to oblige, any one to follow any forms of worship, or to profess any mode of religious belief, or to perform any religious rites or ceremonies; he shall be fined not less than twenty nor more than two hundred dollars, or imprisoned in close custody not exceeding forty days, or both.

Art. 357. If the offence, described in the last preceding article, shall be committed by a judicial or executive officer, under COLOUR of authority derived from his office, or by any priest or minister, or preacher of any religious congregation or sect, the punishment shall be doubled.

Art. 358. Nothing in this chapter contained shall prevent a parent or tutor, or curator, or master, from obliging his child, or ward, or apprentice, being a minor, by all such means as are permitted by law for the enforcement of his other legal commands, to conform to the forms of worship in which such minor was educated.

Art. 359. Nor do the provisions of this chapter prevent the enforcement of the rules, canons, or ordinances, made by different churches, or religious congregations or societies, for the preservation of discipline or order among their members: provided, that such enforcement shall not be made by the infringement of any civil or political right, or by any act declared by this code to be an offence.

Art. 360. If any act which by this code is made an offence, shall be committed in a place of public worship during the celebration thereof, so as to disturb any religious society in the legal performance of their worship, or their religious rites and ceremonies. The punishment for such offence shall be doubled and shall not in any case be less than a fine of fifty dollars or imprisonment in close custody for fifteen days.

Art. 361. If such disturbance be intentionally made by any act which is not otherwise created an offence, the punishment shall be fine not exceeding fifty dollars, or imprisonment not exceeding thirty days.