person; how punished. orderly house. SEC. 370. Whoever shall wilfully make any obscene and Exposure of indecent exhibition of his own or the person of another, shall be fined not more than one hundred dollars. SEC. 371. Whoever keeps a bawdy house or other dis- Keeping a disorderly house or place of public resort by which the peace, comfort, or decency of a neighborhood is habitually disturbed, shall be fined not exceeding five hundred dollars; and such house, place or resort shall be deemed a public nuisance, and the court shall order such keeper to shut up and abate the same, and any violation of such order of abatement shall be punished as a contempt of court. Circulation of obscene literature; promoting punished. how R. S., s. 5389. . S. v. Wil liams, 3 Fed. SEC. 372. Whoever sells, or lends, or gives away, or in any manner exhibits, or offers to sell, or to lend, or to give t away, or in any manner to exhibit, or otherwise publishes or offers to publish in any manner, or has in his possession, for any such purpose, any obscene book, pamphlet, paper, Rep., 484. writing, advertisement, circular, print, picture, drawing, or other representation, figure, or image on or of paper or other material, or any cast, instrument, or other articles of an immoral nature, or any drug or medicine, or any article whatever, for the prevention of conception, or for causing unlawful abortion, or who advertises the same for sale, or writes, or prints, or causes to be written or printed, any card, circular, book, pamphlet, advertisement, or notice of any kind, stating when, where, how, or of whom, or by what means, any of the articles in this section herein before mentioned can be purchased or obtained, or manufactures, draws, or prints, or in anywise makes any of such articles, shall be imprisoned not less than six months nor more than five years for each offense, or fined not less than one hundred dollars nor more than two thousand dollars. eteries; how pun 80, s. 5, v. 16, p. R. S. D. C., s. SEC. 373. Whoever shall wilfully and maliciously cut Violating cemdown, break down, level, demolish, or otherwise destroy, ished. or injure, or damage any railing, fence, or inclosure around May 5, 1870, c. or upon any cemetery or burial place, or any gate or post 107. thereon, or shall remove, break, injure, or deface any tomb, 1187. or other stone, plank, or board, or any inscription thereon, or shall cut down, destroy, injure, or remove any tree or shrub standing or growing upon such land, shall be fined not less than ten dollars nor more than one hundred dollars. SEC. 374. Whoever opens a grave or other place of inter- Illegal ment, temporary or otherwise, or a building wherein the dead body of a human being is deposited while awaiting burial, without authority of law, with intent to remove Brandt, 21 Hun, 11313-01-10 terment. disin N. Y. Penal Code, s. 313. Rhodes V. 1; Coates v. New York Wyn Cow., 585; Wyn- City the body, or any part thereof, for the purpose of selling it W or demanding money for the same, or for the purpose of 295; Craig . Pres dissection, or from malice or wantonness, or with intent to ibid., 42; Com. v. steal or remove the coffin or any part thereof, or anything byterian Ch., 88 Cooley, 10 Pick., View v. Rose Hill 191; Pierce V. 227. overloading ani mals, etc. Comp. Stats. D. C., 540, s. 5. 39; Town of Lake attached thereto, or any vestment, or other article interred Cem. Co., 70 Ill., or intended to be interred with the dead body, shall be Cem. Co., 10 R. I., imprisoned not more than two years, or be fined not more than two hundred and fifty dollars, or both. Overdriving, SEC. 375. Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates, or causes or procures to be overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, mutilated, or cruelly kills any animal; and whoever, having the charge or custody of any animal, either as owner or otherwise, inflicts unnecessary cruelty upon the same, or unnecessarily fails to provide the same with proper food, drink, shelter or protection from the weather, shall for every such offense be imprisoned not exceeding one year, or be fined not exceeding two hundred and fifty dollars, or both. Cruelly abandoning animals, etc. C., 540, s. 6. SEC. 376. Every owner, possessor, or person having the charge or custody of any animal, who cruelly drives or Comp. Stats. D. works the same when unfit for labor, or cruelly abandons the same, or who carries the same, or causes the same to be carried, in or upon any vehicle, or otherwise, in an unnecessarily cruel or inhuman manner, or knowingly and wilfully authorizes or permits the same to be subjected to unnecessary torture, suffering, or cruelty of any kind, shall be imprisoned not exceeding one year, or be fined not exceeding two hundred and fifty dollars. Impounding animals without food. Comp. Stats. D. C., 541, s. 11. SEC. 377. Whoever shall impound, or cause to be impounded, in any pound, any creature, shall supply the same, during such confinement, with a sufficient quantity of good and wholesome food and water, and in default thereof shall be punished for every such offense in the same manner provided in the two preceding sections. Disposition of Hill's Ann. 1919. SEC. 378. It shall be unlawful to sell or give away opium to others opium, or any preparation of which opium is the principal than druggists. medicinal agent, to any person except druggists and prac- Laws ticing physicians, except on a prescription of a practicing physician written in the English language, and the druggist filling the prescription shall keep the same on file for one year, subject to be inspected by any public officer. SEC. 379. No person shall sell any opium, or preparation of which opium is the principal medicinal agent, to be smoked on or about the premises where sold. SEC. 380. Any building where opium is sold for the purpose of being smoked on or about the premises, or where the same is smoked, shall be considered an opium den. Selling opium. Hill's Ann. Laws Oreg., 1920. defined. S. "Opium den" Hill's Ann. Laws Oreg., 1921. S. Frequenting opium den. Hill's Ann. Laws Oreg., s. 1922. SEC. 381. It shall be unlawful for any person to frequent any opium den for the purpose of purchasing or smoking opium or any preparation in which opium is the principal medicinal agent. SEC. 382. Whoever violates any of the four sections last Penalty for vipreceding shall be imprisoned not less than one month sections. nor more than six months, or be fined not less than fifty dollars nor more than five hundred dollars. olating above Hill's Ann. Laws, Oreg., s. 1923. to minors or in sons. per SEC. 383. Whoever, for himself or another, knowingly Selling liquor sells or gives any ardent, malt, or intoxicating liquor to toxicated any minor, or to an intoxicated person, or to one who is in the habit of becoming intoxicated, shall be punished by imprisonment for not less than one nor more than six months, or by a fine of not less than ten nor more than one hundred dollars, or by both. Sabbath. SS. 4595, 4596. 60 Wis., 577; Troe 320. V. Wis. Violation of the SEC. 384. Whoever keeps open his store, shop, wareAnn. Stat. Wis., house, or workhouse, or does any manner of labor, busiJensen v. State, ness, or work, except only works of necessity and charity, wert v. Decker, on the first day of the week, commonly called Sunday, 51 ibid., 46; De shall be punished by a fine of not more than ten dollars: R. R. Co., 52 ibid., Provided, That whoever conscientiously believes that the seventh, or any other day of the week, ought to be observed as the Sabbath, and who actually refrains from secular business and labor on that day, may perform secular labor and business on the first day of the week, unless he wilfully disturbs thereby some other person, or some religious assembly, on said day. Lottery defined. SEC. 385. A lottery is a scheme for the distribution of N. Y. Penal property by chance among persons who have paid or Code, s. 323. agreed to pay a valuable consideration for the chance, Alms House whether called a lottery, raffle, or gift enterprise, or by some other name. Governor of Am. Art Union, 7 N. Y., 228; Hull V. Ruggles, 56 N. Y., 424; People v. Runge, 3 N. Y. Cr., 85; People v. Noelke, 94 N. Y., 137; Kohn v. Lottery, conducting, contriving, etc. N. Y. Penal Code, s. 325. (See cases cited under s. 385.) Selling lottery tickets; how punished. N. Y. Penal People v. Noel SEC. 386. Whoever conducts, contrives, proposes, or draws a lottery, or assists therein, shall be fined not more than one thousand dollars, or be imprisoned not more than two years, or both. SEC. 387. Whoever sells, gives, or in any way whatever furnishes or transfers to or for another a ticket, chance, Code. s. 326. share, or interest, or any paper, certificate, or instrument ke, 9 N. Y., 137: purporting to be or to represent a ticket, chance, share, 67 N. Y., 609;Good- or interest in or dependent upon the event of a lottery 55 Hun, 529; Peo- shall be fined not less than ten dollars nor more than five ple v. Emerson, 20 Picket v. People, rich v. Houghton, N. Y. S. Rep., 18. hundred dollars. hibiting gaming table. Keeping or ex- SEC. 388. Whoever shall set up, keep, or exhibit any gaming table or gambling device, commonly called A B C, E O, roulette, rouge et noir, or any faro bank, or any other gaming table or gambling device, or bank of the like or similar kind, or of any other description, although not herein named, be the name or denomination what it may, adapted, devised, or designed for the purpose of playing any game of chance, or at which any money or property may be won or lost, shall be fined in any sum not less than one hundred dollars, and may be imprisoned any length of time not less than thirty days nor more than one year. Persons interested in gaming. SEC. 389. Whoever shall in any way, either directly or indirectly, be interested or concerned in any gaming prohibited by the preceding section, either by furnishing money or other articles for the purpose of carrying on gaming, or being interested in the loss or gain of such prohibited gaming, shall be fined as in the said section prescribed. SEC. 390. Whoever shall be guilty of betting any money or other valuable thing, or any representative of anything that is esteemed of value, on any of the games herein prohibited, shall be fined in any sum not exceeding one hundred dollars nor less than fifty dollars. gaming in house ing. SEC. 391. If the owner or occupant of any house, out- Permitting house, or other building shall knowingly permit or suffer or other buildany of the before-mentioned games, tables, or banks, or shall suffer any kind of gaming, under any name whatsoever, to be carried on or exhibited in their houses, or outhouses, or other buildings, such owner or occupant shall be fined in any sum not less than one hundred dollars, and may be imprisoned not less than thirty days nor more than one year. cestuous mar SEC. 392. Whoever knowingly celebrates the rites of Celebrating inmarriage between persons within, but not including, the ringes. fourth degree of consanguinity, computed according to the civil law, shall be punished by imprisonment for not less than three months nor more than one year, or by a fine of not less than one hundred dollars nor more than one thousand dollars, or by both. SEC. 393. Whoever joins in marriage any male under Penalty for the age of twenty-one years, or any female under the age sons under age, marrying per etc. of eighteen years, and not before married, without the Laws Md., 1777, Comp. Stat. D. U. S. v. McCor C. C., 593. consent of the parent or guardian of such person, given in c. 12, s. 9. writing and attested by two witnesses, shall be punished c., s. 10, p. 273. by imprisonment for not less than three months nor more mick, 1 Cranch. than one year, or by a fine of not less than one hundred dollars nor more than one thousand dollars, or by both. SEC. 394. Whoever knowingly joins in marriage any marriage of inintoxicated person, or any idiot, lunatic, or any person toxicated persubject to any other disability which would render such marriage improper and illegal, shall be punished as prescribed in the section last preceding. Celebrating sons, etc. tions, clergymen, SEC. 395. Whoever falsely personates or assumes to be. False personaa clergyman, justice of the peace, or other officer or per- ete. son authorized to solemnize marriages, and, in such assumed character, celebrates, or pretends to celebrate the rites of marriage, shall be punished by imprisonment for not less than one year nor more than three years. |