How charged in such case in indictment.

Keeping house of

ill fame.

2 Gray, 356.

Lease of house so kept, void at

3 Pick., 26.

by fine not exceeding one hundred dollars, or imprisonment in the county jail not more than one year.

(5864.) SEC. 9. Any woman who shall be indicted for the murder of her infant bastard child, may also be charged in the same indictment with the offence described in the preceding section; and if on the trial, the jury shall acquit her of the crime of murder, and find her guilty of the other offence, judgment and sentence may be awarded against her for the

same.

(5865.) SEC. 10. Every person who shall keep a house of ill fame, resorted to for the purpose of prostitution or lewdness, shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding three hundred dollars.

(5866.) SEC. 11. Whenever the lessee of any dwelling house option of Lessor. shall be convicted, or shall be guilty of the offence mentioned in the preceding section, the lease or contract for letting such house, shall, at the option of the lessor, become void, and such lessor shall thereupon have the like remedy to recover the possession, as against a tenant holding over after the expiration of his term.

Penalty upon per

son letting dweil

ing that it is to be

(5867.) SEC. 12. If any person shall let any dwelling house, ing house, know- knowing that the lessee intends to use it as a place of resort used for the pur- for the purpose of prostitution and lewdness, or shall knowingly permit such lessee to use the same for such purpose, he shall be punished by fine not exceeding three hundred dollars, or imprisonment in the county jail not more than six months.

pose of prostitution.

Obscene beoks or prints.

17 Mass., 336.

1 Mich. Rep., 90.

(5868.) SEC. 13. If any person shall import, print, publish, sell or distribute any book, pamphlet, ballad, printed paper, or other thing, containing obscene language, or obscene prints, pictures, figures or descriptions, manifestly tending to the corruption of the morals of youth, or shall introduce into any family, school or place of education, or shall buy, procure, receive or have in his possession, any such book, pamphlet, ballad, printed paper or other thing, either for the purpose of sale, exhibition, loan or circulation, or with intent to introduce the same into any family, school or place of education, shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding one thousand dollars. (5869.) SEC. 14. Any Justice of the Peace may issue a search same; destruc warrant, for the purpose of searching for any such obscene books, pamphlets, ballads, printed papers or other things

Search Warrant may issue for

tion of.

mentioned in the preceding section, in the manner provided by law in cases of property stolen or embezzled; and all such things, which shall be found by any officer, in executing a search warrant, or which shall be produced or brought into Court, shall be safely kept so long as shall be necessary for the purpose of being used as evidence in any case, and as soon as may be afterwards, shall be destroyed. by order of the Court before whom the same shall be brought.

(5870.) SEC. 15. All persons being within the degree of Incest. consanguinity within which marriages are prohibited, or declared by law to be incestuous and void, who shall intermarry with each other, or who shall commit adultery or fornication with each other, shall be punished by imprisonment in the State prison not more than fifteen years, or in the county jail not more than one year.

(5871.) SEC. 16. Every person who shall commit the abomi- Crime against nanable and detestable crime against nature, either with mankind

or with any beast, shall be punished by imprisonment in the State prison not more than fifteen years.

ture.

20 Pick., 206.

346.

(5872.) SEc. 17. If any person shall willfully blaspheme the Blasphemy. holy name of God, by cursing, or contumeliously reproaching Thacher's C. C., God, he shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding fifty dollars.

swearing.

(5873.) SEC. 18. If any person who has arrived at the age cursing and of discretion, shall profanely curse or damn, or swear by the name of God, Jesus Christ, or the Holy Ghost, he shall, on conviction thereof before any Justice of the Peace, be punished by a fine not exceeding five dollars, nor less than one dollar; but no such prosecution shall be sustained unless it shall be commenced within five days after the commission of such offence.

gious worship.

(5874.) SEC. 19. Every person who, on the first day of the Disturbing reliweek, or at any other time, shall willfully interrupt or disturb 2 Mass., 163. any assembly of people met for the worship of God, within the place of such meeting or out of it, shall, on conviction thereof before any Justice of the Peace, be punished by imprisonment in the county jail not more than thirty days, or by fine not exceeding fifty dollars.

bance.

(5875.) SEc. 20. If any person shall make or excite any Exclting distur disturbance or contention in any tavern, store or grocery, or at any election or other public meeting where the citizens are peaceably and lawfully assembled, he shall, on conviction

Violation of se-
pulture.
io Pick., 37.

Injuring tombs and memorials of the dead.

etc., through butying ground.

before any Justice of the Peace, be punished by fine not exceeding twenty dollars, and imprisonment in the county jail not more than ten days.

(5876.) SEC. 21. If any person, not being lawfully authorized so to do, shall willfully dig up, disinter, remove or convey away any human body, or the remains thereof, from the place where such body may be interred or deposited, or shall knowingly aid in such disinterment, removal or conveying away, every such offender, and every person accessory thereto, either before or after the fact, shall be punished by imprisonment in the State prison not more than two years, or in the county jail not more than one year, or by fine not exceeding two thousand dollars. (5877.) SEc. 22. If any person shall willfully destroy, muti late, deface, injure or remove any tomb, monument, gravestone or other structure or thing placed or designed for a memorial of the dead, or any fence, railing, curb or other thing intended for the protection or for the ornament of any tomb, monument, gravestone or other structure before mentioned, or of any enclosure for the burial of the dead, or shall willfully destroy, mutilate, remove, cut, break or injure any tree, shrub or plant, placed or being within any such enclosure, the person so offending shall be punished by fine not exceeding five hundred dollars, nor less than ten dollars, or by imprisonment in the county jail not more than one year.

Making highway, (5878.) SEc. 23. If any person shall open or make any highway, or shall construct any railroad, turnpike or canal, or any other thing in the nature of a public easement, over, through, in or upon, such part of any enclosure, being the property of a township, city, religious society, or of any other body corporate, or of private proprietors, as may be used or appropriated for the burial of the dead, unless an authority for that purpose shall be specially granted by law, or unless the consent of such township, city, religious society, body corporate or proprietors respectively, shall be first obtained, he shall be punished by fine not exceeding two thousand dollars, or imprisonment in the county jail not more than one year.

Cruelty to ani

inala

Meetings for reli

(5879.) SEc. 24. Every person who shall cruelly beat or torture any horse, ox or other animal, whether belonging to himself or another, shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding fifty dollars.

(5880.) SEc. 25. No person shall willfully disturb, interrupt to be disturbed. or disquiet any assembly of people met for religious worship,

gious worship not

by profane discourse, by rude and indecent behavior, or by making a noise either within the place of worship, or so near it as to disturb the order and solemnity of the meeting; nor shall any person within two miles of the place where any religious society shall be actually assembled for religious worship, expose to sale or gift, any ardent or distilled liquors, Liquor not to be wine, beer, cider, fruit, or any other article of food or mer-3 Wend., 253. chandise, or keep open any huxter shop in any other place, inn, stand or grocery, than such as shall be or have been duly licensed, or in which such person shall have usually carried on such business; nor shall any person within the distance afore

old.

to be exhibited

be obstructed.

said, exhibit any shows or plays, unless the same shall have shows, etc, not been duly licensed by the proper authority; nor shall any person within the distance aforesaid, promote, aid, or be engaged in any racing of any animals, or in any gaming of any description; nor shall any person obstruct the free passage of any Highways not to highway to any place of public worship, within the distance aforesaid. (5881.) SEC. 26. Whoever shall violate either of the pro- Penalty; provisions of the foregoing section, may be convicted summarily lect before any Justice of the Peace of the County, or any Mayor, Recorder, Alderman or other magistrate of any city or township where the offence shall be committed, and on such conviction shall forfeit a sum not exceeding twenty-five dollars, for the benefit of the township libraries, in the township in which such conviction is had.

ceedings to col

prehended by

present.

9 do.

377.

62

(5882.) SEC. 27. It shall be the duty of all Sheriffs and their offender to be apdeputies, Coroners, Marshals, Constables and other peace peace officers officers who may be present at the meeting of any assembly to Wend, for religious worship, which shall be interrupted or disturbed in the manner herein prohibited, on sight to apprehend the offender, and take him before some Justice of the Peace, or other magistrate authorized to convict as aforesaid, to be proceeded against according to law.

into custody of

of Church, etc.

(5883.) SEC. 28. All Judges, Mayors, Aldermen, Recorders May be ordered and Justices of the Peace, within their respective jurisdictions, official membere upon their own view of any person offending against the provisions of either of the last three preceding sections of this chapter, may order the offender into the custody of any officer in the preceding section named, or any official member of the church or society so assembled or disturbed, for safe keeping, until he shall be held to bail, or a trial for such offence be had.

Proceedings if penalty not paid er secured.

Person complain

ed of may de

(5884.) SEC. 29. If any person convicted of any of the offences herein prohibited, shall not immediately pay the penalty incurred, with the costs of the conviction, or give security to the satisfaction of the officer before whom the conviction shall be had, for the payment of the said penalty and costs within twenty days thereafter, he shall be committed by warrant to the common jail of the County, until the same be paid, or for such term, not exceeding thirty days, as shall be specified in the warrant.

(5885.) SEC. 30. It shall be lawful for any person complained mand Jury, etc. of, for the violation of any of the provisions of either of the last two preceding sections of this chapter, before the Court shall proceed to investigate the merits of the cause, to demand of such Court, that he may be tried by a jury; upon such demand, it shall be the duty of such Court to issue a venire to any Constable of the County or Marshal of the city where the case is to be tried, commanding such officer to summon the same number of jurors, and in the same manner as is provided for in the summoning of jurors before Courts of Justices of the Peace. The said Court shall proceed to impannel a jury for the trial of said cause, in the same manner, and shall be subject to all the rules and regulations prescribed in the act providing for trial by jury in Courts of Justices of the Peace; and the costs of suit shall be paid by the party offending in case of conviction, and shall be the same as is allowed by law in civil cases.

Costa.