Page:1862-63 Territory of Dakota Session Laws.pdf/86

Rh two years, or by fine not exceeding fire hundred dollars, nor less than three hundred dollars.

Sec. 3. The provisions of the preceding section shall not extend to any person, whose husband or wife shall have been continually remaining beyond sea, or shall have voluntarily withdrawn from the other, and remained absent for the space of seven years together, the party marrying again, not knowing the other to be living within that time; nor to any person who has been legally divorced from the bonds of matrimony, and was not the guilty cause of such divorce.

Sec. 4. If any man and woman not being married to each other, shall lewdly and lasciviously cohabit and associate together, or if any man or woman, married or unmarried, shall be guilty of open and gross lewdness or lascivious behaviour, every such person shall be punished, by fine not exceeding three hundred dollars, or by imprisonment in a county jail not exceeding three months.

Sec. 5. If any man shall commit fornication with any single woman, each of them shall be punished by imprisonment in the [county] jail, not more than thirty days, or by fine not exceeding thirty dollars.

Sec. 6. Any unmarried man who, under promise of marriage, or any married man, who shall seduce and have illicit connexion with any unmarried female of previous chaste character, shall be guilty of a misdemeanor, and upon conviction shall be punishe:l by imprisonment in the territorial prison, not exceeding five years, or by iinprisonment in a county jai!, not exceeding one year; but no conviction shall be had under the provisions of this section, on testimony of the female seduced, unsupported by other evidence, nor unless indictment shall be found within two years after the commission of the offense; Provided, that the subsequent intermarriage of the parties may be plead in bar of conviction.

Sec. 7. If any woman shall conceal the death of any issue of her body, which, it 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 imprisonment in the territorial prison, not more than one year, nor less than six months, or by fine not exceeding three hundred dollars, nor less than one hundred dollars.