Page:1887 Compiled Laws of Dakota Territory.pdf/61

 "provided," in sixth line, the words "and not more than five hundred to each of said territories," provided, that the quota to the states now authorized by law shall not hereby be diminished.

§ [127.] The secretary of war is hereby authorized to cause to be issued to each of the territories of the United States (in ad­dition to arms and ammunition, the issue of which has been heretofore provided for), such arms, not to exceed one thousand in number, as he may deem necessary, and ammunition for the same, not to exceed fifty ball cartridges for each arm; provided, that such issue shall be only from arms owned by the govern­ment of the United States which have been superseded and no longer issued to the army; and provided, further, that said arms shall be issued only in the following manner and upon the following conditions, namely: Upon the requisition of the governors of said territories, showing the absolute necessity for arms for the protection of citizens and their property against hostile Indians within, or of Indian raids into such territories; and provided, further, that the said governor or governors of said territories to whom the said arms may be issued, shall give good and sufficient bond or bonds for the return of said arms, or payment therefor, at such time as the secretary of war may designate, as now provided for by law.

§ [128.] The secretary of war be, and he is hereby directed to cause the territory of Dakota to be credited on its ordnance account with the sum of twenty-seven thousand six hundred and fifty dollars, upon the delivery to the United States, at such place as the secretary of war may direct, of all such arms and other ordnance stores remaining in the custody of said territory, of the issues thereof under said act.

Section.

129. Duty of persons solemnizing marriage-Penalty for violation of law.

130. Act, how construed.

Section.

131. Adultery-Penalty.

132. Incest-Penalty.

133. Fornication-Penalty.

§ [129.] Every ceremony of marriage, or in the nature of a marriage ceremony, of any kind, in any of the territories of the United States, whether either or both or more of the parties to such ceremony be lawfully competent to be the subjects of such marriage or ceremony or not, shall be certified by a certificate stating the fact and nature of such ceremony, the full names of each of the parties concerned, and the full name of every officer, priest and person, by whatever style or designation called or known, in any way taking part in the performance of such cere­mony, which certificate shall be drawn up and signed by the par­ties to such ceremony and by every officer, priest and person tak­ing part in the performance of such ceremony, and shall be by the officer, priest or other per on solemnizing such marriage or cere­mony filed in the office of the probate court, or, if there be none, in the office of court having probate powers in the county or dis­trict in which such ceremony shall take place, for record, and shall be immediately recorded, and be at all times subject to in­spection as other public records. Such certificate, or the record thereof, or a duly certified copy of such record, shall be prima facie evidence of the facts required by this act to be stated therein, in any proceeding, civil or criminal, in which the matter shall be drawn in question. Any person who shall wilfully violate any of the provisions of this section shall be deemed