Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/493

 '''§ 9225. Profane swearing defined.''' Profane swearing consists in any use of the name of God, or Jesus Christ, or the Holy Ghost, either in imprecating divine vengeance upon the utterer or any other person, or in light, trifling or irreverent speech. [R. C. 1905, § 8562; Pen. C. 1877, § 34; R. C. 1899, § 6832.]

Definition of blasphemy. 22 L.R.A. 353.

§ 9226, Punishment of. Every person guilty of profane swearing is punishable by a fine of one dollar for each offense. [R. C. 1905, § 8563; Pen. C. 1877, § 35; R. C. 1899, § 6833.]

§ 9227. Summary conviction for. Whenever any profane swearing is committed in the presence and hearing of any justice of the peace or other magistrate, 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. [R. C. 1905, § 8564; Pen. C. 1877, § 36; R. C. 1899, § 6834.]

'''§ 9228. Penalties, how collected. Commitment for.''' If the offender does not forthwith 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 nor more than three days; there to be confined in a room separate from all other prisoners. [R. C. 1905, § 8565; Pen. C. 1877, § 87; R. C. 1899, § 6835.]

As to similar provision in Cal. Pen. Code, §§ 1214, 1215, see Ex parte Rosenheim, 83 Cal. 388, 23 Pac. 872; People v. Sutter St. R. Co., 129 Cal. 545, 79 Am. St. Rep. 137, 62 Pac. 104.

§ 9229. '''Obscene language. Public place.''' Any person who shall utter or speak any obscene or lascivious language or words, in any public place, or in the presence of females, or of children under ten years of age, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any justice of the peace of this state, or before a county court exercising increased jurisdiction, as provided in section 111 of the constitution of this state, shall be liable to a fine of not more than one hundred dollars, or imprisonment in the county jail not more than thirty days, or both, at the discretion of the court. [R. C. 1905, § 8566; 1883, ch. 87, § 1; R. C. 1895, § 6836.]

Disorder guage as disturbance of public peace. 32 L.R.A. (N.S.) 505.

Carrier’s liability for obscene language by employesemployees [sic] to passengers, 14 L.R.A. 739.

Necessity of use of words per se obscene to constitute offense under statute relating to obscenity. 22 L.R.A. (N.S.) 225.

Use of profane or offensive language while on one’s own premises as an offense. 49 L.R.A. (N.S.) 919.

'''§ 9230. Unlawful to use obscene language over telephone. Penalty.''' Any person who shall utter or speak any obscene or lascivious language over any public telephone line in this state shall be deemed guilty of a misdemeanor, and upon conviction thereof before any justice of the peace, or before any county court exercising increased jurisdiction, as provided by the constitution of this state, shall be liable to a fine of not more than one hundred dollars, or Imprisonment in the county jail for a period not exceeding thirty days, at the discretion of the court or magistrate before whom a conviction shall be had. [1907, ch. 249.]

As this act of 1907 was not assigned by the legislature to any particular chapter of the code but is placed here by the compilers evidently the limitation in section 9249 does not apply to it. For the general limitation of prosecutions for misdemeanors see section 10522.

'''§ 9231. Theaters open on Sunday, unlawful. Penalty.''' It shall be unlawful to keep open or to run or permit the running of any theater, show, moving picture show or theatrical performance, upon the first day of the week, commonly called the Sabbath. Any person, firm or corporation violating any of the provisions of this section shall upon conviction thereof, be deemed guilty