Page:1887 Compiled Laws of Dakota Territory.pdf/1072

§§ 6236-6247 magistrate may, in his discretion, immediately convict the offender, without any other proof.

§ 6236. 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.

§ 6237. If any person shall utter or speak any obscene or lascivious language or words in any public place, or in the presence of females, or in the presence of children under ten years of age, he shall be deemed guilty of a misdemeanor, and upon conviction thereof before any justice of the peace of this territory, he shall be liable to a fine of not more than one hundred dollars, or imprisonment for not more than thirty days, or both, at the discretion of said justice.

§ 6238. 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 religious liberty of the community.

§ 6239. Any violation of this prohibition is Sabbath-breaking:

§ 6240. Under the term "day" as employed in the phrase "first day of the week,” in the seven sections following, is included all the time from midnight to midnight.

§ 6241. 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. Public sports.

3. Trades, manufactures and mechanical employments.

4. Public traffic.

5. Serving process.

§ 6242. All manner of servile labor on the first day of the week is prohibited, excepting works of necessity or charity.

§ 6243. It is a sufficient defense in proceedings for servile labor on the first day of the week, to show that the accused uniformly keeps another day of the week as holy time, and does not labor upon that day, and that the labor complained of was done in such manner as not to interrupt or disturb other persons in observing the first day of the week as holy time.

§ 6244. All shooting, sporting, horse-racing, gaming or other public sports, upon the first day of the week, are prohibited.

§ 6245. All trades, manufactures and mechanical employments, upon the first day of the week, are prohibited.

§ 6246. All manner of public selling, or offering, or exposing for sale publicly, of any commodities upon the first day of the week, is prohibited, except that meats, milk and fish may be sold at any time before nine o'clock in the morning, and except that food may be sold to be eaten upon the premises where sold, and drugs and medicines and surgical appliances may be sold at any time of the day.

§ 6247. All service of legal process of any description whatever, upon the first day of the week, is prohibited, except in cases of breach of the peace, or apprehended breach of the peace, or when sued out for the apprehension of a person charged with