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Proviso.

Definition

libel.

Bigamy.

if any such printer or printers shall refuse to testify in relation to the premises, either before the grand or petit jury, he or they shall be deemed guilty of a flagrant contempt of the court, and may be punished by fine and imprisonment, or either; Provided, however, That the testimony given by such witness shall in no case be used in any prosecution against such witness.

of SEC. 106. A libel is a malicious defamation, expressed either by printing or by signs, or pictures, or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or publish the natural defects of one who is alive, and thereby to expose him or her to public hatred, contempt or ridicule. Every person whether writer or publisher, convicted of this offense, shall be fined in a sum not exceeding five hundred dollars or imprisoned in the penitentiary not exceeding one year. In all prosecutions for a libel, the truth thereof may be given in evidence in justification, except libels tending to blacken the memory of the dead, or expose the natural defects of the living.

TITLE IX.

Offenses against public morality, health and police.

SEC. 107. Bigamy consists in the having of two wives or two husbands at one and the same time, knowing that the former husband or wife is still alive. If any person or persons within this territory, being married or who shall hereafter marry, do at any time marry any person or persons, the former husband or wife being alive, the person so offending, shall on conviction thereof, be punished by a fine not exceeding one thousand dollars, and imprisoned in the penitentiary not exceeding two years. It shall not be necessary to prove either of the said marriages by the register or certificate thereof, or other record evidence, but the same may be proved by such evidence as is admissible, to prove a marriage in other cases; and when such second marriage shall have taken place without this territory,

Absence of divo

cohabitation in this territory, after such second marriage,
shall be deemed proof of the commission of the crime of
bigamy, and the trial in such cases may take place in the
county where such cohabitation shall have occurred. Noth-
ing herein contained shall extend to any person or persons
whose husband or wife shall have been continually absent
from such person or persons, for the space of five years
together, prior to the second marriage, and he or she not years.
knowing such husband or wife to be living within that time.
Also nothing herein contained shall extend to any person
that is or shall be at the time of such second marriage
divorced by lawful authority from the bonds of such former
marriage, or to any person where the former marriage hath
been by lawful authority, declared void.

Sec. 108. Any person who shall under promise of Seduction. marriage, seduce and have illicit connection with

any unmarried woman of previous chaste character, shall be guilty of a misdemeanor, and upon conviction, shall be punished by imprisonment in the territorial prison not exceeding three years; Provided, That the subsequent Proviso. marriage of the parties may be pleaded in bar of a conviction.

Sec. 109. If any man or woman being unmarried, Biguiny. shall knowingly marry the husband or wife of another, such man or woman shall, on conviction, be fined not more than five hundred dollars, or imprisoned in the penitentiary not more than one year.

Sec. 110. Any man and woman who shall live together in an open state of adultery or fornication, or adultery and fornication, every such man and woman shall be indicted, and on conviction thereof, shall be fined in any sum not exceeding two hundred dollars each, or imprisoned in the county jail not exceeding six months. This offense shall be sufficiently proved by circumstances which raise the presumption of cohabitation and unlawful intimacy; and for a second offense, such man or woman shall be severally punished twice as much as the former punishment; and for a third offense, treble, and thus increasing the punishment for each succeed

.

.

Adultery

Fornicati

a

а

Incestuous marriage.

ing offense; Provided however, That it shall be in the power of the party or parties offending, to prevent or suspend the prosecution, by their intermarriage, if such marriage can be legally solemnized, upon the payment of costs of such prosecution.

Sec. 111. Marriage between parents and children, including grand-parents and grand-children of every degree, between brothers and sisters of the half as well as of the whole blood, and between uncles and nieces, aunts and nephews, and cousins in the first degree, are declared to be incestuous, and absolutely void. This section shall extend

as well to illegitimate as legitimate children and relations. Consanguinity. Sec. 112. Persons within the degree of consanguinity,

within which marriages are declared by the preceding section to be incestuous and void, who shall intermarry with each other, or who shall commit adultery or fornication with each other, or who shall lewdly and lasciviously cohabit with each other, shall be liable to indictment, and upon conviction, be punished by confinement in the penitentiary for a term not exceeding ten years.

Sec. 113. If a father shall licentiously cohabit with his own daughter, the father shall on conviction, be punished by confinement in the penitentiary for a term not exceeding twenty years.

Sec. 114. If any person shall be guilty of open lewdness, or other notorious act of public indecency, tending to debauch the public morals; or shall keep open any tippling or gaming house on the Sabbath day or night; or shall maintain or keep a lewd house or place for the practice of fornication; or shall keep a common, ill-governed and disorderly house, to the encouragement of idleness, gaming, drinking, fornication or other misbehavior, every such person shall, on conviction, be fined not exceeding one hundred dollars or imprisoned in the county jail not exceeding six months.

Sec. 115. If any person shall hereafter bring or cause Obsceno books.

to be brought or imported into this territory, for sale, or

Incest.

Lewdness.

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shall sell or offer to sell any obscene book, pamphlet or print, every such person shall on conviction, be fined in a sum not less than twenty-five dollars nor more than two hundred dollars.

SEC. 116. If any person shall, by any device or pretense, entice, or tempt and prevail upon, or cause any le minor to engage with such person, or with any other person or persons, in any game whatsoever, for any sum of money or property of value, or shall make any bet or wager with such minor, or cause the same to be done upon the result of any game, every such person shall, on conviction thereof, be deemed guilty of a misdemeanor, and fined in any sum not less than one hundred and fifty dollars.

SEC. 117. All fines collected upon any indictment, shall be paid the one half thereof to the person giving information of the offense, and the remainder shall be paid into the school fund of the county in which the offense was committed, and the person receiving the one half of such fine as informer, shall be deemed and held to be a competent witness upon the trial of such offender.

Prevailing up on minors to gam

SEC. 118. All contracts, promises, agreements, conveyances, secureties and notes made, given, granted, executed, drawn, or entered into, where the whole or any part of the consideration thereof shall be for any money, property, or other valuable thing won by any gaming, or by playing at cards, or any gambling device or game of chance, or by betting on the side or hands of any person gaming, or for the reimbursing or paying any money or property knowingly lent or advanced at the time and place of such play, to any person or persons so gaming or betting shall be utterly void and of no effect. No assignment of any bill, bond, note or other evidence of indebtedness, where the whole or any part of the consideration for such assignment shall arise out of any gaming transaction, shall in any manner off-set the defense of the person or persons making, entering into, executing or giving such instrument so assigned, or the remedies of any person interested therein.

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vern keeper.

roads.

or

Sec. 119. Every tavern keeper who shall suffer or permit any game or games prohibited, or intended to be prohibited by this act, to be played in his tavern, or any outhouse appendant thereto, shall, on conviction, be fined not exceeding one hundred dollars, and shall forfeit his license, and shall not be again license l as a tavern keeper for one

year from such conviction. Obstruction of

SEC. 120. If any person shall obstruct or injure, or cause or procure to be obstructed or injured, any public road or highway or common street or alley of any town or village, or any public bridge, or causeway, or public river, or stream, declared navigable by law, or shall continue such obstruction, so as to render the same inconvenient or dangerous to pass, or shall erect or establish any offensive trade, or manufacture or business, or continue the same after it has been erected or established, or shall in anywise pollute or obstruct any water course, lake, pond, marsh or common sewer, continue such obstruction or pollution,

pollution, so as to render the same offensive or unwholesome to the county, town, village or neighborhood thereabouts ; every person so offending, shall upon conviction thereof, be fined not exceeding one hundred dollars; and every such nuisance may, by order of the district court before whom the conviction may take place, be removed and abated by the sheriff of the proper county.

[SEC. 120. If any person or persons, shall knowingly Diseased meat. sell any flesh of any diseased animal, or other unwholesome

provisions, or any pernicious or adulterated drink or liquors ; every person so offending, shall be fined not exceeding two hundred dollars.]

Sec. 121. It shall not be lawful for any person acting as territorial treasurer, territorial auditor, or any other territorial officer holding office in this territory, or any county treasurer, clerk, collector, or any other county officer, holding office in this territory, cither directly or indirectly, to buy or barter or trade for, sell or traffic in, any territorial or county scrip, county order, auditor's warrant or certificate of indebtedness, or other evidence of indebtedness of the

Nuiannce.

County scrip.

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