Page:1864-65 Territory of Dakota Session Laws.pdf/112

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Section 338. Bigamy defined.

339. Exceptions.

340. Punishment of Bigamy.

341. Other uplawful marriages.

312. Incest.

343. Crime against nature.

341. Penetration sufficient.

Sec. 333. Every person who, having been married to another who remains living, marries any other person, except in the cases specified in the next section, is guilty of bigamy.

Sec. 339. The last section does not extend:

1. To any person by reason of any former marriage, whose husband or wife by such marriage has 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 whose husband or wife by such marriage has absented himself or herself from his wife or lier husband and has been continually remaining without the United States for the space of five years together; nor,

3. To any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court, unless such marriage was dissolved upon the ground of adultery committed by such person; nor,

4. To any person by reason of any former marriage with husband or wife who has been sentenced to imprisonment for life.

Sec. 340. Every person guilty of bigamy is punishable by imprisonment in the territorial prison not exceeding five years.

Sec. 341. Every person who knowingly marries the husband