Page:1864-65 Territory of Dakota Session Laws.pdf/50

38 the presence and hearing of any justice of the peace, mayor, recorder or alderman of any city, while holding a court, or under any other circumstances such as in the opinion of the magistrate amount to a gross violation of public decency, such magistrate may, in his discretion, immediately convict the offender, without any other proof.

Sec. 37. If the offender does not forth with pay the penalties incurred, with the costs, or give security for their payment within six days, he shall be committed by warrant to the county jail, for every offense or for any number of offenses whereof he was convicted at one and the same time, for not less than one day, nor more than three days; there to be confined in a room separate from all other prisoners.

Sec. 38. The first day of the week being by very general consent set apart for rest and religious uses, the law forbids to be done on that day certain acts deemed useless and serious interruptions of the repose and religiousʻliberty of the community.

Sec. 39. Any violation of this prohibition is Sabbath breaking.

Sec. 40. Under the term “day,” as employed in the plırase “first day of the week,” in the eight sections following, is included all the time from midnight to midnight.

Sec. 41. The following are the acts forbidden to be done on the first day of the week, the doing any of which is Sabbath breaking:

1. Servile labor;

2. Undue travel;

3. Public sports,

4. Trades, manufactures, and mechanical employments;

5. Public traffic ;

6. Serving process.

Sec. 42. All manner of servile labor, on the first day of the week, is prohibited, excepting works of netessity or charity.

Sec. 43. All traveling on the first day of the week is prohibited, excepting such as is performed upon foot or in carrying or in a conveyance carrying the United States mail, or such as is done in cases of charity or necessity, or in going to or returning from some funeral, place of worship, or religious assembly