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they shall be deemed guilty of a riot, and on conviction shall be severally fined in a sum not exceeding five hundred dollars, or imprisoned in the county jail not exceeding six months; and if two or more persons shall actually do an unlawful act of violence, either with or without a common cause of quarrel, or even do an unlawful act in a violent, tumultuous and illegal manner, they shall be deemed guilty of a riot, and upon conviction thereof, shall be fined in any sum not exceeding five hundred dollars each, or be imprisoned in the county jail for any term not exceeding six months, or both such fine and imprisonment

SEC. 122. Every person who shall wilfully disquiet or disturb any congregation, or assembly of people, met for religious worship, by making a noise, or by rude or indiscreet behavior, or profane discourse within their place of worship, or so near the same as to disturb the order or solemnity of the meeting, or menace, threaten, or assault any person there being, shall be deemed guilty of a misdemeanor, and punished by a fine not less than five hundred dollars, or by imprisonment in the county jail not exceeding three months.

SEC. 123. Every person who shall erect or keep a booth, tent, stall, or other contrivance, for the purpose of selling or otherwise disposing of any wine, or spirituous or fermented liquors, or any drinks of which wine, spirituous or fermented liquors form a part, within one mile of any camp or field meeting for religious worship, during the time of holding such meeting, shall be deemed guilty of a misdemeanor, and be punished by fine not exceeding five hundred dollars.

SEC. 124. If any judge, justice of the peace, sheriff, or other officer, bound to preserve the public peace, shall have knowledge of an intention on the part of two persons, to fight with any deadly weapon or weapons, and such officer shall not use and exert his official authority to arrest the parties and prevent the deed, every such officer shall be fined in a sum not exceeding one thousand dollars.

SEC. 125. A libel is a malicious defamation expressed either by printing, or by signs or pictures, or the like, intended 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 expose him or her to public hatred, contempt, or ridicule. Every person, whether the writer or publisher,

convicted of the offence, shall be fined in a sum not exceeding five. thousand dollars, or imprisoned in the county jail, not exceeding six months. In all prosecutions for libel the truth may be given in evidence to the jury, and if it shall appear to the jury, that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

CHAPTER X

OFFENCES AGAINST PUBLIC MORALITY, HEALTH, AND POLICE. SEC. 126. Bigamy consists in having 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 be imprisoned in the Territorial prison not less than one year, nor more than five years. It shall not be necessary to prove either of the said marriages by the register, and 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, cohabitation in this Territory, after such second marriage, shall be deemed the commission of the crime of bigamy. Nothing 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 said second 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 the second marriage, divorced by lawful authority from the bond of such former marriage, or to any person, when the former marriage has been by lawful authority rendered void.

SEC. 127. If any man or woman, being unmarried, shall knowingly marry the wife or husband of another, such man or woman shall, upon conviction, be fined not less than one thousand dollars, or imprisoned in the Territorial prison, not less than one year,

nor more than two years. Any man and woman who shall live Mont 360 together in an open state of adultery or fornication, shall be indicted, and on conviction shall be fined in any sum not exceeding five hundred dollars, or imprisoned in the Territorial prison not exceeding one year.

SEC. 123. Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who shall intermarry with each other, or who shall commit fornication or adultery with each other, shall, on conviction, be punished by imprisonment in the Territorial prison not less than one nor exceeding ten years.

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SEC. 129. If any person shall obstruct or injure, or cause or6789-82 procure to be obstructed or injured, any public road or highway, or common, street, or alley, of any city, town, or village, or any public bridge or causeway, mill race, mill dam, or ditch, or public river 58 or stream, or shall continue such obstruction so as to render the 2 Mont 94 same inconvenient or dangerous to pass, or shall erect or establish any offensive trade, manufacture, or business, or continue the same after it has been erected or established, or shall in any wise pollute 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, city, village, or neighborhood thereabouts, every person so offending shall, upon conviction, be fined not exceeding one thousand dollars; and every such nuisance may, by order of the court before whom the conviction may take place, or of the district court, be removed and abated by the sheriff of the county.

SEC. 130. If any person or persons shall knowingly sell any flesh of any diseased animal, or other unwholesome provisions, or any poisonous or adulterated drink or liquor, every person so offending shall be fined not more than five hundred dollars, or imprisoned in the county jail not more than six months.

SEC. 131. If any person shall intentionally deface or obliterate, tear or destroy, in whole or in part, any record, copy, or transcript, or extract from or of any law of the United States, or of this Territory, or any proclamation, advertisement, or notification, set up at any place in this Territory, by authority of any law of the United States, or of this Territory, or by order of any court, such person, on conviction, shall be fined not more than one hundred

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dollars nor less than twenty dollars, or be imprisoned in the county jail not more than one month: Provided. This section shall not extend to defacing, tearing down, obliterating, or destroying any law, proclamation, publication, notification, advertisement or order, after the time for which the same was by law to remain set up shall have expired.

SEC. 132. If any person shall have found upon him or her any pick-lock, crow-key, bit, or other instrument or tool, with intent feloniously to crack and enter into any dwelling-house, store, shop, 5818 Warehouse, or other building containing valuable property, or shall be found in any of the aforesaid buildings, with intent to steal any money, goods and chattels, every person so offending shall, on conviction thereof, be imprisoned in the Territorial prison for a term not less than one year nor more than five years. And if any person shall have upon him or her any pistol, gun, knife, dirk-knife, bludgeon, or other offensive weapon, with intent to assault any person, every such person, on conviction, shall be fined not more than one hundred dollars, or imprisoned in the county jail not more than three months.

SEC. 133. Every male person above eighteen years of age, who shall neglect or refuse to join the posse comitatus, or power of the county, by neglecting or refusing to aid and assist in arresting or taking any person or persons against whom there may be issued any process, or by neglecting to aid or assist in re-taking any person or persons who, after being arrested or confined, may have escaped from such arrest or imprisonment, or by neglecting or refusing to aid and assist in preventing any breach of the peace, or the commission of any criminal offence, being thereto lawfully required by the sheriff, deputy sheriff, coroner, constable, judge, justice of the peace, or other officer concerned in the administration of justice, shall, upon conviction, be fined in any sum, not less than fifty, nor more than one thousand dollars, or shall be imprisoned in the county jail for a period of thirty days, or both such fine and imprisonment.

CHAPTER XI.

OFFENCES COMMITTED BY CHEATS, SWINDLERS, AND OTHER FRAUDULENT PERSONS.

SEC. 134. All and every person who shall be a party to any fraudulent conveyance of any lands, tenements or hereditaments, goods or chattels, or any right or interest issuing out of the same; or to any bond, suit, judgment or execution, contract or conveyance had, made or contrived with intent to deceive and defraud others, or to defeat, hinder or delay creditors or others of their just debts, damages or demands; or who, being parties as aforesaid, at any time shall willingly put in use, avow, maintain, justify or defend the same, or any of them, as true, and done, had or made in good faith, or upon good consideration, or shall alien, assign or sell any of the lands, tenements, hereditaments, goods, chattels, or other things before mentioned, to him, her or them conveyed as aforesaid, or any part thereof, he, she or they so offending shall, on conviction thereof, be fined in any sum not exceeding one thousand dollars, or imprisonment in the county jail not less than six months.

SEC. 135. If any person, by false representation of his own wealth or mercantile correspondence and connections, shall obtain a credit thereby, and defraud any person or persons of money, goods, chattels, or any valuable thing; or if any person shall cause or procure others to report falsely of his wealth or mercantile character, and by thus imposing upon any person or persons obtain credit, and thereby fraudulently get into the possession of goods, wares or merchandise, or other valuable thing, every such offender shall be deemed a swindler, and on conviction shall be sentenced to return the property so fraudulently obtained, if it can be done, and shall be fined not exceeding one thousand dollars, and imprisonment in the county jail not more than six months.

SEC. 136. If any person or persons shall knowingly and designedly, by any false pretence or pretences, obtain from any other person or persons any chose in action, money, goods, wares, chattels, effects or other valuable thing, with intent to cheat or defraud any such person or persons of the same, every person so offending shall be deemed a cheat, and on conviction shall be fined not exceeding

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