Page:1862 Territory of Dakota Session Laws.pdf/205

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188
CRIMINAL PROCEDURE.
[CHAP. IX.

cumstances which raise the presumption of cohabitation and unlawful intimacy; and for a second offence such man or woman shall be severally punished twice as much as the former punishment, and for the third offence treble, and thus increasing the punishment for each succeeding offence: Proviso.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, and upon the payment of the costs of such prosecution.

Family intermarriage incestuous and void.Sect. 123. Marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as of the whole blood, and between uncles and neices, aunts and nephews, are declared to be incestuous and absolutely void. This section shall extend to illegitimate as well as legitimate children and relations.

Persons so intermarrying or cohabiting. Penalty.Sect. 124. Persons within the degrees 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 imprisonment in the penitentiary not exceeding ten years.

If father cohabits with daughter. Penalty.Sect. 125. If a father shall rudely and 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.

If person guilty of lewdness, keep open tippling on the Sabbath, or keep disorderly house for encouragement of wrong practices.Sect. 126. If any person shall be guilty of open lewdness, or other notorious act of public indecency, tending to debauch keep disorderly the public morals, or shall keep open any tippling-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 incouragement of idleness, gaming, drinking, fornication, or misbehavior, every such person shall, on conviction, be fined not exceeding one hundred dollars, or imprisoned not exceeding six months.

If any person brings or offers for sale obscene books and prints. Penalty.Sect. 127. If any person shall hereafter bring, or cause to be brought or imported into this territory for sale, or shall sell or offer to sell, any obscene book, pamphlet, print, picture, or