Page:1862 Territory of Dakota Session Laws.pdf/210

CHAP. IX.] , and upon conviction thereof, shall be fined in any sum not exceeding twenty-five dollars.

. 143. Any person who shall, by menace, profane swearing, vulgar language, or any disorderly or immoral conduct, interrupt or disturb any congregation or collection of citizens assembled together for the purpose of worshipping Almighty God, or who shall sell or attempt to sell, or otherwise dispose of ardent spirits or liquors, or any articles which will tend to disturb any worshipping congregation or collection of people, within one mile of such place, unless the person so selling or disposing of said spirituous liquors or articles, shall be regularly licensed to keep a tavern grocery, and shall sell the same at his said tavern or grocery, any person so offending, shall be deemed guilty of a high misdemeanor, and upon conviction, shall be fined in any sum not exceeding fifty dollars: Provided, That this section shall not be so construed as to affect any person who may sell whiskey or any other ardent spirits at his own distillery, store, or dwelling-house.

. 144. Justices of the peace, respectively, in their several counties, shall have jurisdiction of the aforesaid offences, and may on view or upon information on oath, cause every such person, having offended as aforesaid, to be apprehended and brought before him to answer such charge.

. 145. Any person who shall be accused of either of the offences specified in the five preceding sections, if he choose it, shall have the cause tried by a jury of six lawful jurors, and if he shall insist on a full jury, by twelve, who shall be summoned to try the cause; and if the jury shall find the accused guilty, they shall assess and state the amount for benefit of the fine, not more than in said sections specified; upon which the justice, before whom the trial shall be had, or in case the person shall plead guilty, shall give judgment for fine and costs, and proceed to collect the same without delay; and when said fine shall be collected, the officer or person collecting the same shall be required to pay it over without delay to the treasurer of the proper county, taking his receipt therefor; and which receipt shall be filed with the clerk of the county; after which the said fine or fines which may be thus deposited shall be subject to the control of said court, and