Page:1887 Compiled Laws of Dakota Territory.pdf/62

 guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine of not more than one thousand dollars, or by imprisonment not longer than two years, or by both said punishments, in the discretion of the court.

§ [130.] Nothing in this act shall be held to prevent the proof of marriages, whether lawful or unlawful, by any evidence now legally admissible for that purpose.

§ [131.] Whoever commits adultery shall be punished by imprisonment in the penitentiary not exceeding three years; and when the act is committed between a married woman and a man who is unmarried, both parties to such act shall be deemed guilty of adultery; and when such act is committed between a married man and a woman who is unmarried, the man shall be deemed guilty of adultery.

§ [132.] If any person related to another person within and not including the fourth degree of consanguinity computed according to the rules of the civil law, shall marry or cohabit with, or have sexual intercourse with such other so related person knowing her or him to be within said degree of relationship, the person so offending shall be deemed guilty of incest, and on conviction thereof, shall be punished by imprisonment in the peniten­tiary not less than three years and not more than fifteen years.

§ [133.] If an unmarried man or woman commit fornication, each of them shall be punished by imprisonment not exceeding six months, or by fine not exceeding one hundred dollars.

Section.

134. Penitentiaries under control of United States marshal.

135. Rules for government of penitentiaries.

136. Compensation of marshal, etc.

Section.

137. Imprisonment in penitentiaries.

138. Legislature may make provision for care and custody of convicts.

§ [134.] Any penitentiary which has been, or may hereafter be, erected by the United States in an organized territory, shall, when the same is ready for the reception of convicts, be placed under the care and-control of the marshal of the United States, for the territory or district in which such penitentiary is situated, except as otherwise provided in the case of the penitentiaries in Montana, Idaho, Wyoming and Colorado.

§ [135.] The attorney general of the United States shall prescribe all needful rules and regulations for the government of such penitentiary, and the marshal having charge thereof shall cause them to be duly and faithfully executed and obeyed, and the reasonable compensation of the marshal and of his deputies for their services under such regulations shall be fixed by the attorney general.

§ [136.] The compensation, as well as the expense incident to the subsistence and employment of offenders against the laws of the United States, who have been, or may hereafter be, sen­tenced to imprisonment in such penitentiary, shall be chargeable on, and payable out of, the func for defraying the expenses of suits in which the United States are concerned, and of prosecu­tions for offenses committed against the United States; but nothing herein shall be construed to increase the maximum com­pensation now allowed by law to those officers.

§ [137.] Any person convicted by a court of competent jurisdiction in a territory for a violation of the laws thereof, and sen-