Page:1862 Territory of Dakota Session Laws.pdf/239

222 county having cognizance of indictable offences; on the trial of which indictment the owner or owners of the land upon which such trespass shall be committed, are hereby declared competent witnesses.

. 233. It shall be the duty of the court in all cases of conviction under this statute, when any fine is inflicted, to order, as a part of the judgment of the court, that the offender shall be committed to jail, there to remain until the fine and costs are fully paid or otherwise legally discharged, and any judgment for fine and costs hereafter rendered under this act, may be enforced by execution, as in other criminal cases.

. 234. Nothing in this act contained shall be so construed as to prevent the owner from having his election, and maintaining a civil action to recover damages for the trespasses declared criminal by this act, and that an indictment under this act shall be a bar to the recovery of the penalty given by the statute by action of debt.

. 235. The action shall not apply to any traveller or marketer passing upon the highway, who, for the purpose of encampment and building camp-fires, shall violate the provisions of this act, by cutting such trees or saplings as may be necessary for above purposes.

. 236. That any black, colored, or mulatto man and white woman, and any white man and black, colored, or mulatto woman, who shall live together in an open state of adultery or fornication, or adultery and fornication, shall be indicted; and on conviction shall be severally fined in any sum not exceeding five hundred dollars, and confined in the penitentiary for any term not exceeding one year: Provided, That nothing in this act shall be construed to extend to any case in which the man and woman living together, as aforesaid, shall both be white persons: And provided further, That the offence herein provided for, shall be sufficiently proved by circumstances 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 for the first offence, and for the third offence trebling, and thus increasing the punishment for each succeeding offence.