Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1885-01-15
EOU5E BILL no. 10.

L J
duced by Mr.. McKern, democrat Of
Nez Perez
An Act for the punishment of bigamy
polygainy and unlawful cohabitation
in the territory Of Idaho;
Be il enacted by the. Leqislattue Assem-
bly, Of the Territory Of Naho as
foilo,cs:
SECTION l. That every person who
has husband or wife living, who in
this Territory or any other place
over which the United States have
jurisdiction, hereafter marries another in
this territory, whether married or
single, or any man who hereafter stimuli
taneously, or on tie same day, or at any
other time, marries more than one woman
this Territory, in or other place over which
the United States have jurisdiction, is
guilty of bisamy and polygamy, and shall
on conviction, be punished by fine not
more than $500, and BY term Of not
more than FIVE years in the penten-
tiary; but this section will not extend to
any person by reason Of any former
marriage, whose husband or wife by such
shall have been absent for five
successive years, and is not known TO
such person to be living, and ia believed
by sucn person to be dead, or to any per-
son by reason Of any former marriage
which shall have been dissolved By val
id decree Of competent court, nor to
any person by reason Of any former mar
rage which shall have been pronounced
void by the decree of a competent court
On tho ground of. nallity Of the marriage
SEQ. 2. That if any male or female
person within the limits of Idaho Terri
tory hereafter cohabit With any other per.
son than his lawful welded wife or her
lawful welded husband, he or she will be
leemed guilty of mistlomcanor, and, On
thereof, shall be punished by
fine Of not less than one hundred dol
airs nor more than five hundred dollars.
'r by Imprisonment in the county Jail for
not less than thirty days nor more than
TX months, or by both such fine and i'm
1risonment, in the discretion of the court.
SEQ. 3. That counts for any or all of
he offenscs named in sections one mi
md two CD of this act may be joined in
he same presentment or indictment.
SEQ. T. That in any prosecution for
'igamy, polygamy or unlawful cohabita-
ion under sections Cd and two (2) of
his act, it shall be sufficient cause of
'hallenge to any person drawn or sum
noned as a jnryman or talesman, first
hat he is or has been living in the prac-
ice of bigamy, polygamy Tor unlawful CO.
labitation with more than one woman,
ince tho passage OF this act, or that he
;, or has been, guilty of an oiFense pun
shable by section one (1) and two (2)
4 this act, or that he believes it right
or a man to have more than one liyino
= undiyorced wife at the same time, or
0 live in the practice of cohabitation |
nth more than one woman, and any per.
On appearing or offered as a juror or tales.
Ian and challenged on either of the fore
Ding grounds, may be questioned on his
ath as to the existence Of any such
ause of challenge; and other evidence
Jay be introduced bearing upon the ques-
on raised by such challenge, and this
aestion raised shall be tried by the
'urt; but as to the first ground of chal.
nge before mentioned, the person chal.
nged shall not be bound to answer, i'll
shall say upon his oath that he de.
ines on the ground that his answer may
inmate himself and If he shall answer
to the first ground, his answer shall
t be given in evidence Of any criminal !
osecution against him, for any oilense {
med IN section one Cd and two (2) of
Is act; but it he declines to answer on
y ground, he shall be rejected as in
npetent.
SEQ. 8. That the Governor Of Idaho
rritory is hereby authorized to grant
nesty to such classes Of ciferd RS gull.
Of bigamy, polygamy or unlawful CO.
''tation, at the time Of the passage of {
act, on such conditions and under =
b limitations as he shall think proper, =
no such amnesty shall have effect un- +,
the conditions thereof shall be com.
d with: Provided further, That Il
ase the Governor grants amnesty to
person or persons who have been
~ OF bigamy or polygamy under the
'lsions Of this act, that one of the
conditions Of which said amnesty or
lon is granted. shall be that tho nor