CHAPTER VII. OF CRIMES AGAINST MORALITY AND DECENCY. § 1858. Adultery, punishment of. § 1859. Action for adultery, when commenced; adultery by unmarried man. § 1877. Making roads or other easement through grave-yards. § 1878-1880. Cruelty to animals. $626. punishment of. § 1858. [642.] If any person shall commit the crime Oct. 19, 1864, of adultery, such person, upon conviction thereof, shall Adultery, defibe punished by imprisonment in the penitentiary not nition and less than six months nor more than two years, or by imprisonment in the county jail not less than three 17 Or. 266. months nor more than one year, or by fine not less than two hundred nor more than one thousand dollars. Adultery defined: See note to Commonwealth v. Call, 21 Pick. 509; 53 Am. Dec. 289. Fraud in gaining assent to: State v. Murphy, 6 Ala. 695; Action for adultery, when St. 1891, p. 182, § 1859. [643.] A prosecution for the crime of adultery Feb. 21, 1891, §1. shall not be commenced except upon the complaint of husband or wife, or [if] the crime be committed with an commenced. unmarried female under the age of twenty years upon the complaint of the wife, or of a parent or guardian of such unmarried female, and within one year from the time of committing the crime, or the time when the same shall come to the knowledge of such husband or Adultery by wife or parent or guardian. When the crime of adultery unmarried man. Feb. 21, 1891, §1. is committed between a married woman and an unmarried man, the man shall be deemed guilty of adultery also, and be punished accordingly. Oct. 19, 1864, $628. Polygamy, punishmentof. § 1860. [644.] If any person having a former husband or wife living shall marry another person, or live definition and and cohabit with another person as husband or wife, such person shall be deemed guilty of polygamy, and upon conviction thereof shall be punished by imprisonment in the penitentiary not less than one year nor more than four years, or by imprisonment in the county jail not less than six months nor more than one year, or by fine not less than three hundred nor more than one thousand dollars. Oct. 19, 1864, $629. What not deemed polygamy. Oct. 19, 1864, $630. Lewd cohabi ment of. Bigamy. Bigamy consists of contracting marriage during continuance of a prior marriage: 2 Whart. Crim. L., 8th ed., sec. 1682. Ignorance is no defense: Farmer v. People, 77 Ill. 322; State v. Goodenow, 65 Me. 30. Guilt or innocence depends on the legality of the first marriage: Breakey v. Breakey, 2 U. C. Q. B. 353. Parties to a voidable marriage cannot marry again while the first marriage exists: Shather v. State, 20 Ohio, 1. A bona fide belief of death of the husband has been held not alone sufficient to constitute a defense: Commonwealth v. Marsh, 7 Met. 472.. See Hayes v. People, 25 N. Y. 390, where the first marriage was performed by one who, though assuming to be a minister, was not such in fact. § 1861. [645.] The preceding section shall not extend or apply to any person whose husband or wife shall have voluntarily withdrawn and remained absent from such person for the period of seven years together, the party marrying again not knowing the other to be living. within that time, nor to any person legally divorced from the bonds of matrimony. § 1862. [646.] If any man and woman, not being married to each other, shall lewdly or lasciviously cohabit or tation, punish associate together, such man or woman, upon conviction. thereof, shall be punished by imprisonment in the county jail not less than one nor more than six months, or by fine not less than fifty nor more than three hundred dollars. 17 Or. 266. Oct. 19, 1864, § 631. Seduction of chaste female, pun ishment oi. § 1863. [647.] If any person, under promise of marriage, shall seduce and have illicit connection with any unmarried female of previous chaste character, such person, upon conviction thereof, shall be punished by $631. Seduction of imprisonment in the penitentiary not less than one nor Oct. 19, 1864, more than five years, or by imprisonment in the county jail not less than three months nor more than one year, chaste female, or by fine not less than five hundred nor more than one thousand dollars. A subsequent marriage of the parties is a defense to a violation of this section. punishment of. § 1864. [648.] If any person shall willfully and lewdly Oct. 19, 1864, 632. expose his person or the private parts thereof in any Subsequent to action. exposure and public place, or in any place where there are present marriage, bar other persons to be offended or annoyed thereby, or shall take any part in any model artist exhibition, or make any other exhibition of himself to public view, or to, the view of any number of persons, such as is offens- Indecent ive to decency, or is adapted to excite vicious or lewd exhibitions. thoughts or acts, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than three months nor more than one year, or by fine not less than fifty nor more than five hundred dollars. 633. Concealing child. § 1865. [649.] If any unmarried woman shall con- Oct. 19, 1864, ceal the death of any issue of her body, so that it may not be known whether such issue was born alive or not, death of or whether it was not murdered, such woman, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than six months nor more than one year, or by imprisonment in the county jail not less than three months nor more than one year. 634. Indictment of murder of § 1866. [650.] When a woman is indicted for the Oct. 19, 1864, murder of her bastard infant, she may also be charged in the same indictment with the crime defined in section mother for 1865 [649], and if she shall be found not guilty of the bastard. charge of murder, she may be found guilty of the crime defined in such section, and punished accordingly. 635. § 1867. [651.] If any person shall keep or set up a Oct. 19, 1864, house of ill-fame, brothel, or bawdy-house for the pur- Keeping pose of prostitution, fornication, or lewdness, such person, bawdy-house. upon conviction thereof, shall be punished by imprisonment in the county jail not less than three months nor Oct. 19, 1864, 635. Keeping bawdy-house. Oct. 19, 1864, § 636. Common fame, evidence of bawdy-house. When lease for void. 5 Or. 481. Nov. 24, 1885, $1. session of 1885, p. 12. more than one year, or by fine not less than one hundred dollars nor more than five hundred dollars.. Bawdy houses. — City may pass ordinance to prohibit and suppress bawdy-houses, and it is no objection to such an ordinance that the act pro any hibited is criminal in its nature, or that it is a crime under the general laws of the state: Wong v. Astoria, 13 Or. 538. § 1868. [652.] In all prosecutions for the crime defined in section 1867 [651], common fame shall be competent evidence in support of the indictment; and whenever lessee or occupant of any house shall be convicted of any such crime, the lease or contract for the hiring or occupancy of such house shall, at the option of the lessor or owner, become void, and such lessor or owner shall thereupon be entitled to recover the possession of such premises as in the case of a tenant holding over after the expiration of his time. § 1869. Any person or persons arranging or attemptLaws of special ing to arrange, or offering to arrange, or engaging or offering to engage in, a prize-fight, to be fought within Prize-fighting. the limits of this state, or otherwise, in any manner, either as principal, second, assistant, stake-holder, trainer, referee, aider, abettor, solicitor, or agent, whether said fight shall take place or not, shall, upon conviction thereof, be imprisoned in the penitentiary not less than one year nor more than five years, or by a fine of not less than one thousand dollars nor more than five thousand dollars. Id., § 2. Feb. 25, 1885, $1. p. 126. It shall be the duty of every peace officer and justice of the peace to see that this act shall be enforced; and when any of said officers have reason to believe that this act is being violated, it shall be their duty to institute proceedings against any party so suspected. It shall also be the duty of every circuit judge, on charging any grand jury, to read this act to said grand jury, and it shall be the duty of said grand jury to diligently inquire after any violations of the provisions of this act. § 1870. [653.] If any person shall import, print, Laws of 1885, publish, sell, lend, give away, distribute, or show, or have in his possession with intent to sell, or give away, or to show or advertise, or otherwise offer for loan, gift, $1. p. 126. Indecent and tures and sale, or distribution, any obscene or indecent book, Feb. 25, 1885, magazine, pamphlet, newspaper, story paper, writing, Laws of 1885, paper, picture, drawing, or photograph, engraved [engraving], or any article or instrument of indecent or obscene picimmoral use; or if any person shall design, copy, draw, literature. photograph, print, utter, publish, or otherwise prepare such a book, picture, drawing, paper, or other article, or shall write, or print, or cause to be written or printed, a circular, advertisement, or notice of any kind, or shall give information stating when, where, how, or of whom, or by what means such indecent or obscene article or thing can be purchased or obtained; or if any person sells, lends, gives away, or shows, or has in his possession with intent to sell or give away, or to show, or advertises or otherwise offers for loan, gift, sale, or distribution, to any minor child, any book, pamphlet, magazine, newspaper, or other printed paper devoted to the publication, or principally made up, of criminal news, police reports, or accounts of criminal deeds or pictures, and stories of deeds of bloodshed, lust, or crime; or if any person exhibits upon any street or highway, or in any other place within the view or which may be within the view of any minor child, any book, magazine, pamphlet, newspaper, writing, paper, picture, drawing, photograph, or other article or articles coming within the descriptions of articles mentioned in the first and second subdivisions of this section, or any of them; or if any person in any manner hires, uses, or employs any minor child to sell. or give away, or in any manner to distribute, or who, having the care, custody, or control of any minor child, permits such child to sell, give away, or in any other manner to distribute any book, magazine, pamphlet, newspaper, story paper, writing, paper, picture, drawing, photograph, or other article or matter coming within the descriptions of articles and matter mentioned in this section or any of them,-upon conviction thereof, he shall be punished by imprisonment in the penitentiary not less than one year nor more than three years, or by |