« ΠροηγούμενηΣυνέχεια »
14. Importing, selling, receiving, &c., obscene books or prints, &c.
15. Justice of peace may issue search warrant for obscene books, &c., and cause the same to be destroyed.
17. Crime against nature.
18. Public indecencies.
19. Profane cursing and swearing.
21. Violation of sepulchur.
22. Making roads, canals, &c., through burial grounds.
23. Cruelty to animals.
SECTION 1. Every person who shall commit the crime of adultery shall be punished by imprisonment in the county jail not more than one year or by fine not exceeding five hundred dollars; and when the crime is committed between a married woman and a man who is unmarried, the man shall be deemed guilty of adultery, and be liable to the same punishment.
SEC. 2. If any person who has a former husband or wife living shall marry another person, or shall continue to cohabit with such second or other husband or wife in this District, he or she shall, except in the cases mentioned in the following section, be deemed guilty of the crime of polygamy, and shall be punished by imprisonment in the penitentiary not less than two nor more than ten years.
SEC. 3. The provisions of the preceding section shall not extend to the following cases or persons:
1. To any person, by reason of any former marriage, whose husband or wife by such marriage shall have been absent for five successive years, without being known to such person within that time to be living; nor,
2. To any person, by reason of any former marriage, which shall have been dissolved by a competent court without such person being restrained by the court from marrying again.
3. To any person, by reason of any former marriage, which shall have been pronounced void by a competent court on the ground of the nullity of the marriage contract; nor,
4. To any person, by reason of any former marriage, contracted by such person within the age of legal consent, and which shall have been annulled by a competent court.
SEC. 4. No negro shall be permitted to marry any white woman within this District, nor shall any white man be permitted to marry any negro woman; and every person who shall knowingly marry in violation of the provision of this section shall, upon conviction thereof, be imprisoned in the penitentiary not less
than one nor more than five years, and be fined not exceeding one thousand dollars.
SEC. 5. Such persons intermarrying elsewhere and removing to this District, and cohabiting here as man and wife, shall be punished by confinement in jail not over one year, and fine not exceeding one hundred dollars.
SEC. 6. Every person who shall knowingly counsel or assist in any manner any such marriage shall be guilty of a misdemeanor.
SEC. 7. If any man and woman, not being married to each other, shall lewdly and lasciviously associate and cohabit together, or if any man or woman, married or unmarried, shall be guilty of open and gross lewdness and lascivious behavior, every such person shall be punished by imprisonment in jail not more than six months, or by fine not exceeding three hundred dollars, or, in the discretion of the court, by both fine and imprisonment, as aforesaid.
SEC. 8. If any man shall commit fornication with any single woman, each of them shall be punished by imprisonment in jail not more than one month, or by fine not exceeding twenty dollars.
SEC. 9. If any woman shall conceal the death of any issue of her body, which, if born alive, would be a bastard, so that it may not be known whether such issue was born alive or not, or whether it was not murdered, she shall be punished by fine not exceeding one hundred dollars, or by imprisonment in jail not more than one year.
SEC. 10. Any woman who shall be indicted for the murder of her infant bastard child may also be charged in the same indictment with the offence described in the preceding section; and if on the trial the jury shall acquit her of the charge of murder, and find her guilty of the other offence, judgment and sentence may be awarded against her for the same.
SEC. 11. If the father or mother of any child under the age of ten, or any other person to whom such child shall have been confided, shall expose such child in any highway, street, field, house, or outhouse, with intent wholly to abandon it, he or she shall, upon conviction, be imprisoned in jail not more than twelve months, and fined not exceeding one hundred dollars.
SEC. 12. Every person who shall keep a house of ill-fame, resorted to for the purpose of prostitution or lewdness, and every person who
shall knowingly let a house to be so kept, shall be punished by imprisonment in jail not more than one year, or by fine not exceeding three hundred dollars, or by both fine and imprisonment, as aforesaid, in the discretion of the court.
SEC. 13. Whenever the lessee of any dwelling house shall be convicted of the offence mentioned in the preceding section, the lease. or contract for letting such house shall, at the option of the lessor, become void, and such lessor shall thereupon have the like remedy, to recover possession, as against a tenant holding over after the expiration of his term.
SEC. 14. If any person shall import, print, publish, sell or distribute any book or any pamphlet, ballad, or printed paper or other thing containing obscene language, or obscene prints, pictures, figures, or descriptions, manifestly tending to the corruption of the morals of youth, or shall introduce into any family, school, or place of education, or shall buy, procure, receive, or have in his possession any such book, pamphlet, ballad, printed paper, or other thing, either for the purposes of sale, exhibition, loan, or circulation, or with intent to introduce the same into any family, school, or place of education, he shall be punished by imprisonment in the penitentiary not more than five years, or confinement in jail not more than two years, and a fine not exceeding one thousand dollars.
SEC. 15. Any justice of the peace may issue a search warrant for the purpose of searching for any such obscene books, pamplets, ballads, printed papers, or other things mentioned in the preceding section, in the manner provided in chapter one hundred and fortyone; and all such things which shall be found by any officer in executing such warrant, or which shall be produced or brought into court, shall be safely kept, so long as shall be necessary, for the purpose of being used as evidence in any case, and, as soon as may be afterwards, shall be destroyed by order of the court before whom the same shall be brought.
SEC. 16. All persons being within the degrees of consanguinity within which marriages are prohibited, or declared by law to be incestuous and void, who shall intermarry with each other, or who shall commit adultery or fornication with each other, shall be punished by imprisonment in the penitentiary not more than ten years, or in jail not more than three years.
SEC. 17. Every person who shall commit the abominable and detestable crime against nature, either with mankind or with any beast, shall be punished by imprisonment in the penitentiary not less than two nor more than ten years.
SEC. 18. Every person who shall expose his person publicly in an indecent manner, or shall be guilty of any other like public indecency, shall, upon conviction, be punished by imprisonment in jail not over six months, or fine not exceeding one hundred dollars, or by both fine and imprisonment, as aforesaid, in the descretion of the court.
SEC. 19. If any person who has arrived at the age of discretion shall profanely curse or swear in public, or use indecent language in public, he shall, on conviction thereof before any justice of the peace, be punished by fine not exceeding ten dollars nor less than one dollar, saving to any person so convicted the right to a trial by a jury, upon appeal to the criminal court of this District, as is hereinafter provided; but no such prosecution shall be sustained unless it shall be commenced within ten days after the commission of such offence.
SEC. 20. Any person who shall be guilty of the offence of drunkenness, by the voluntary use of intoxicating liquor, and shall expose himself to public view, shall, for the first offence, be punished by a fine not exceeding five dollars, and for any like offence, committed after the first conviction, shall be punished by a fine not exceeding ten dollars, or by confinement in jail for a term not exceeding three months; but no prosecution for such offence shall be sustained, unless it shall be commenced within six months after the commission thereof; and justices of the peace shall have jurisdiction of such offence, subject to appeal, as herein before provided in section nineteen.
SEC. 21. If any person shall, without the consent of the near relatives of a deceased person, or without the consent of such deceased person being had in his lifetime, or the direction of the coroner, wilfully dig up, disinter, remove or convey away any human body, or the remains thereof, or shall knowingly aid in such disinterment, removal or conveying away, every such offender, and every person accessory thereto, either before or after the fact, shall be punished by imprisonment in the penitentiary not more than two years, or by confinement in jail not more than one year and fine not exceeding one thousand dollars.
SEC. 22. If any person shall open or make any highway or town
way, or shall construct any railroad, turnpike, or canal, or any other thing in the nature of a public easement, over, through, in, or upon, such part of any enclosure, being the property of a town, religious society, or of private proprietors, as may be used or appropriated for the burial of the dead, unless an authority for that purpose shall be specially granted by law, or unless the consent of such town, or religious society, or proprietors, respectively, shall be first obtained, he shall be punished by fine not exceeding two thousand dollars, or imprisonment in jail not more than one year.
SEC. 23. Every person who shall cruelly beat or torture any horse, ox, or other animal, whether belonging to himself or to another, shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding one hundred dollars.
OF OFFENCES AGAINST THE PUBLIC HEALTH.
4. Knowingly selling adulterated food, liquor, drugs, or medicines.
5. Nuisance; how punished.
6. Sale, &c., of poisons; how regulated.
1. Selling unsound provisions, food, or liquor, without notice.
2. Adulterating food or liquors.
3. Adulterating drugs or medicines.
SECTION 1. If any person shall knowingly sell any diseased, corrupted, or unwholesome provisions, whether meat or drink, without making the condition of the same known to the buyer, he shall be punished by confinement in jail not more than one year and fine not exceeding two hundred dollars.
SEC. 2. If any person shall fraudulently adulterate, for the purpose of sale, anything intended for food, or any wine, spirits, malt, or other liquor, with any substance injurious to health, he shall be punished by confinement in jail not more than two years and fine not exceeding four hundred dollars, and the articles so adulterated shall be forfeited and destroyed.
SEC. 3. If any person shall fraudulently adulterate, for the purpose of sale, any drug or medicine, in such manner as to render the same. injurious to health, or impair its efficacy as a prescription, he shall be