Bigamy, defi nition of. blacken the memory of the dead, or expose the natural defects of the living. ELEVENTH DIVISION. Offences against the public Morality, Health, and Police. SEC 121. 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 state, 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 imPunishment. prisoned 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 state, cohabitation in this state after such second marriage shall be deemed the commission of the crime of bigamy, and the trial in such case may take place in the county where such cohabitation shall have occurred. Nothing herein contained shall extend to not to extend to any person or persons whose husband or wife shall have husband or wife been continually absent from such person or persons for shall have been the space of five years together, prior to the said second absent for the marriage, and he or she not 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 bands of such former marriage, or to any person where the former marriage hath been by lawful authority declared void. This section persous whose space of five years; Nor to persons divorced from the first marriage. Single persons SEC. 122. If any man or woman being unmarried, marrying the shall knowingly marry the husband or wife of another, husband or wife such man or woman shall, on conviction, be fined not more than five hundred dollars, or imprisoned not more than one year. of another. Adultery and fornication. How proved. SEC. 123. 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, shall be fined in any sum not exceeding two hundred dollars each, or imprisoned not exceeding six months. This offence shall be sufficiently proved by circumstances which raise the pre sumption of cohabitation and unlawful intimacy; and for cution. SEC. 124. If any person shall hereafter bring or cause Persons selling to be brought or imported into this state for sale, or cards, &c. for shall sell, or offer to sell, any pack or packs of playing gaming. the purpose of cards, or any dice, billiard table, billiard balls, or any other device or thing invented or made for the purpose of being used at any game, or any obscene book, pamphlet, or print, every such person shall, on conviction, Punishment. be fined in a sum not exceeding twenty-five dollars, nor more than fifty dollars. SEC. 125. If any person shall be guilty of open lewd- Persons guilty ness, or other notorious act of public indecency, tending of lewdness to debauch the public morals, or shall keep open any or public indetippling house on the Sabbath day or night, or shall main-cency. tain 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 Punishment. hundred dollars, or imprisoned not exceeding six months. houses. SEC. 126. If any person shall, by himself, or herself, Persons keepservant, or other agent, for his or her gain, or profit, ing gaming keep, have, exercise, or maintain a common gaming house, table, or room, or in any house or place occupied by him or her, procure or permit any persons to frequent, or come together to play for money, or other valuable thing, at any game, every offender, on conviction, shall Punishment. be fined not exceeding one hundred dollars, or impris oned not exceeding six months. SEC. 127. If any person or persons shall play for mon- Playing at ey, or other valuable thing, at any game with cards, dice, cards, &c. checks, or at billiards, or with any other article or instrument, thing or things whatsoever, which may be used for the purpose of playing or betting upon, or winning or losing money, or any other thing or things, article or articles of value, or shall bet on any game others may be playing, every person so offending shall be fined not Punishment. exceeding one hundred dollars, and not less than ten dollars. Tavern loepers ming in their taverns. Punishment. Duty of offi- cers to give in SEC. 128. Every tavern keeper who shall suffer or perpermitting ga- mit any game or games, prohibited or intended to be prohibited by this act, to be played in his tavern, or in any out house appendant thereto, shall, on conviction, be fined not exceeding one hundred dollars, and shall forfeit his license, and shall not be again licensed as a tavern keeper for one year from such conviction. It shall be the duty of all justices of the peace, sheriffs, coroners, and grand jurors, now in office, or hereafter to be appointed, to take notice, and give information to the proper authorities, of all such offences as may be committed in their respective counties, contrary to the provisions of this act, whenever the same may in any wise come under their immediate observation. And if any officer, whose duty it is made to execute the provisions of this act, shall neglect to enforce its provisions upon view, or complaint, such officer, upon conviction thereof, shall be fined in the sum of one hundred dollars, and shall moreover be suspended from office for one year. all offences act. If officer shall fuse so to do. x Persons not ha tavern. SEC. 129. Every person who shall not have a legal ving a legal license to keep a tavern, who shall barter, exchange, or license to keep sell any wine, rum, brandy, gin, whiskey, or other vinous, spiritous, or mixed liquors, to any person or persons, by a less quantity than one quart, shall, on conviction, be fined for every offence ten dollars. Repeater slaves or ser vants. Tavern keepers Punishment. Persons ob roads. SEC. 131. If any person shall obstruct or injure, or structing public 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 any wise polute or obstruct any water course, lake, pond, marsh, or common sewer, or continue such obstruction or pollution, so as to render the same offensive or unwholesome to the county, town, village, or neighborhood thereabouts; every person so offending Punishment. shall, upon conviction thereof, be fined not exceeding one hundred dollars. And every such nuisance may, by or- Nuisances to be der of the circuit court, before whom the conviction may abated. take place, be removed, and abated by the sheriff of the proper county; and any inquest and judgment thereon, had under the provisions of any law authorizing a writ of ad quod damnum, shall be no bar to a prosecution under this act. SEC. 132. If any person or persons shall, knowingly, Persons selling sell any flesh of any diseased animal, or other unwhole- unwholesome some provisions, or any pernicious or adulterated drink, provisions, &c. or liquors, every person so offending, shall be fined not exceeding one hundred dollars, or imprisoned not exceeding three months. legislature. SEC. 133. If any person, number of persons, or corpo- No person or ration in this state, without special leave from the corporation gene- shall emit bills ral assembly, shall emit or utter any bill of credit, make, of credit withsign, draw, or endorse, any bond, promissory note, or out special auwriting, bill of exchange, or order to be used as a gene- thority of the ral circulating medium, as, and in lieu of money, or other currency, every such person persons, or members of such corporation, assenting to such proceedings, being thereof duly convicted, shall pay a fine not exceeding three hundred dollars, or be imprisoned not exceeding one year. or tices. SEC. 134. If any person shall intentionally deface, Defacing noobliterate, tear down, or destroy, in whole or in part, any copy or transcript, or extract from or of, any law of the United States, or of this state, or any proclamation, advertisement, or notification, set up at any place in this state, by authority of any law of the United States, or of this state, or by order of any court, such "person, on conviction, shall be fined in a sum not ex- Punishment. ceeding fifty dollars, nor less than five dollars, or imprisoned for a term not exceeding one month: Provided, Proviso. That this section shall not extend to defacing, tearing down, obliterating, or destroying any law, proclamation, publication, advertisement, or notification, after the time for which the same was by law to remain set up shall have expired. SEC. 135. Any person able to work and support him- Vagrants. self in some honest and respectable calling, not having wherewithal to maintain himself, who shall be found loitering, strolling about, frequenting of public places where liquor is sold, begging, or leading an idle, immoral, or profligate course of life, shall be liable to be indicted or arrested, on the complaint, under oath of any out. resident citizen of the county, and carried before any two justices of the peace, who shall examine said accused person, and hear the testimony in relation thereto; and if they shall be satisfied that he is a vagrant, as above set forth, the fact having been established by a jury, which shall in all such cases be summoned, and sworn to inquire the truth thereof, whether the person be a vagrant or not, shall make out a warrant, under their hands and seals, authorizing and requiring the officer having him in charge or custody, to hire out such Shall be hired vagrant within twenty-four hours to the best bidder, by public outcry, or on a notice given, as they shall direct, for the highest price that can be had, for any term not exceeding four months: and such vagrant shall be subject to, and governed by, all the provisions of the act regulating apprentices, during the time for which he has been so hired. The money received for his hire shall, after deducting the costs, be, if he be without a family, paid into the county treasury; but if he have a family, the same shall be appropriated for their use and benefit: Provided, That any such vagrant, when arrested, and before judgment, may release himself by giving to said justices a bond, with good security, conditioned that he will for the next twelve months be of good behavior, and betake himself to some honest employment for support, and that he shall not, or his family, become a county charge, through, or by reason of his idleness, immorality, or profligacy. Persons having intent to break SEC. 136. If any person shall be found, having upon in possession him or her, any pick-lock, crow, key, bit, or other instruany instrument ment, or tool, with intent feloniously to break and enter or tools, with into any dwelling house, store, ware-house, shop, or other into any dwel- building, containing valuable property, or shall be found ling house. in any of the aforesaid buildings, with intent to steal any goods and chattels; every such person so offending shall, Shall be deem- on conviction, be deemed a vagrant, and punished by confinement in the penitentiary, for any term not exHaving weap- ceeding two years. And if any person shall have upon ons with int at him any pistol, gun, knife, dirk, bludgeon, or other offensive weapon, with intent to assault any person, every such person, on conviction, shall be fined in a sum not Punishment. exceeding one hundred dollars, or imprisoned not exceeding three months. ed vagrants. to assault. Persons refu sing to join SEC. 137. Every male person above eighteen years of age who shall neglect or refuse to join the posse comitaposse comita- tus, or power of the county, by neglecting or refusing to aid and assist in taking or arresting any person or per tus. sons against whom there may have issued any civil or > |