CONGRESS. (POLYGAMY.) 



169 



tioned for the appearance of such person at the proper 

 time, as a witness in the cause or proceeding wherein 

 the attachment may be issued. 



SEC. 3. That whoever commits adultery shall be 

 punished by imprisonment in the penitentiary not ex- 

 ceeding three years ; and when the act is committed 

 between a married woman and a man who is unmar- 

 ried, both parties to such act shall be deemed guilty 

 of adultery ; and when such act is committed between 

 a married man and a woman who is unmarried, the 

 man shall be deemed guilty of adultery. 



SEC. 4. That it* any person related to another per- 

 son within and not including the fourth degree of 

 consanguinity computed according to the rules of the 

 civil law, shall marry or cohabit with, or have sexual 

 intercourse with such other so related person, know- 

 ing her or him to be within said degree of relation- 

 ship, the person so offending shall be deemed guilty 

 of incest, and, on conviction thereof, shall be punished 

 by imprisonment in the penitentiary not less than 

 three years and not more than fifteen years. 



SEC. 5. That if an unmarried man or woman commit 

 fornication, each of them shall be punished by im- 

 prisonment not exceeding six months, or by fine not 

 exceeding $100. 



SEC. 6. That all laws of the Legislative Assembly 

 of the Territory of Utah which provide that prosecu- 

 tions for adultery can only be commenced on the com- 

 plaint of the husband or wife are hereby disapproved 

 and annulled ; and all prosecutions for adultery may 

 hereafter be instituted in the same way that prosecu- 

 tions for other crimes are. 



SEC. 7. That commissioners appointed by the Su- 

 preme Court and district courts in the Territory of 

 Utah shall possess and may exercise all the powers and 

 jurisdiction that are or may be possessed or exercised 

 by justices of the peace in said Territory under the 

 laws thereof, and the same powers conferred by law 

 on commissioners appointee! by circuit courts of the 

 United States. 



SEC. 8. That the Marshal of said Territory of Utah, 

 and his deputies, shall possess and may exercise all 

 the powers in executing the laws of the United States 

 or of said Territory possessed and exercised by sher- 

 iffs, constables, and their deputies as peace officers ; 

 and each of them shall cause all offenders against the 

 law, in his view, to enter into recognizance to keep 

 the peace and to appear at the next term of the court 

 having jurisdiction of the case, and to commit to 

 jail in case of failure to give such recognizance. They 

 shall quell and suppress assaults and batteries, riots, 

 routs, affrays, and insurrections. 



SEC. 9. That every ceremony of marriage, or in the 

 nature of a marriage ceremony, of any kind, in any of 

 the Territories of the United States, whether either or 

 both or more of the parties to such ceremony be law- 

 fully competent to be the subjects of such marriage or 

 ceremony or not, shall be certified by a certificate stat- 

 ing the fact and nature of such ceremony, the full 

 names of cacli of the parties concerned, and the full 

 names of every officer, priest, and person, by what- 

 ever style or designation called or known, m any way 

 taking part in the performance of such ceremony, 

 which certificate shall be drawn up and signed by the 

 parties to such ceremony and by every officer, priest, 

 and person taking part in the performance of such cere- 

 mony, and shall be by the officer, priest, or other per- 

 son solemnizing such marriage or ceremony filed in 

 the office of the probate court, or, it there be none, in 

 the office of the court having probate powers in the 

 county or district in which such ceremony shall take 

 place, for record, and shall be immediately recorded, 

 and be at all times subject to inspection as other pub- 

 lic records. Such certificate, or the record thereof, or 

 a duly certified copy of such record, shall be prima- 

 facie evidence of the facts required by this act to be 

 stilted therein, in any proceeding, civil or criminal, 

 in which the matter shall be drawn in question. Any 

 person who shall willfully violate any of the provisions 

 of this section shall be deemed guilty of a misde- 



meanor, and shall, on conviction thereof, be punished 

 by a fine of not more than $1,000, or by imprison- 

 ment not longer than two years, or by both said pun- 

 ishments, in the discretion of the court. 

 SEC. 10. That nothing in thia act shall be held to 



Erevent the proof of marriages, whether lawful or un- 

 iwful, by any evidence now legally admissible for 

 that purpose. 



SEC. 11. That the laws enacted by the Legislative 

 Assembly of the Territory of Utah which provide for or 

 recognize the capacity of illegitimate children to in- 

 herit or to be entitled to any distributive share in the 

 estate of the father of any such illegitimate child are 

 hereby disapproved and annulled ; and no illegitimate 

 child shall hereafter be entitled to inherit from his or 

 her father or to receive any distributive share in the 

 estate of his or her father : Provided, That this section 

 shall not apply to any illegitimate child born within 

 twelve months after the passage of this act, nor to 

 any child made legitimate by the seventh section of the 

 act entitled " An act to amend section 5352 of the Re- 

 vised Statutes of the United States, in reference to 

 bigamy, and for other purposes," approved March 22, 

 1882. 



SEC. 12. That the laws enacted by the Legislative 

 Assembly of the Territory of Utah conferring jurisdic- 

 tion upon probate courts, or the judges thereof, or any 

 of them, in said Territory, other than in respect of the 

 estates of deceased persons, and in respect of the 

 guardianship of the persons and property of infants, 

 and in respect of the persons and property of persons 

 not of sound mind, are hereby disapproved and an- 

 nulled ; and no probate court or judge of probate shall 

 exercise any jurisdiction other than in respect of the 

 matters aforesaid, except as a member of a county 

 court ; and every such jurisdiction so by force of this 

 act withdrawn from the said probate courts or judges 

 shall be had and exercised by the district courts of said 

 Territory, respectively. 



SEC. 13. That it shall be the duty of the Attorney- 

 General of the United States to institute and prose- 

 cute proceedings to forfeit and escheat to the United 

 States the property of corporations obtained or held 

 in violation of section 3 of the act of Congress ap- 

 proved the 1st day of July, 1862, entitled " An act to 

 punish and prevent the practice of polygamy hi the 

 Territories of the United States and other places, and 

 disapproving and annulling certain acts of the Legis- 

 lative Assembly of the Territory of Utah, " or in vio- 

 lation of section 1890 of the Revised Statutes of the 

 United States ; and all such property so forfeited and 

 escheated to the United States shall be disposed of by 

 the Secretary of the Interior, and the proceeds thereof 

 applied to the use and benefit of the common schools 

 in the Territory in which such property may be: 

 Provided, That no building, or the grounds appurte- 

 nant thereto, which is held and occupied exclusively 

 for purposes of the worship of God, or parsonage con- 

 nected therewith, or burial-ground, shall be forfeited. 



SEC. 14. That in any proceeding for the enforce- 

 ment of the provisions of law against corporations or 

 associations acquiring or holding property in any Ter- 

 ritory of the United States in excess of the amount 

 limited by law, the court before which such proceed- 

 ing may be instituted shall have power in a summary 

 way to compel the production of all books, records, 

 papers, and documents of or belonging to any trustee 

 or person holding or controlling or managing property 

 in which such corporation may have any right, title, 

 or interest whatever. 



SEC. 15. That all laws of the Legislative Assembly 

 of the Territory of Utah, or of the so-called govern- 

 ment of the State of Deseret, creating, organizing, 

 amending, or continuing the corporation or association 

 called the Perpetual Emigrating Fund Company are 

 hereby disapproved and annulled ; and the said corpo- 

 ration, in so far as it may now have, or pretend to 

 have, any legal existence, is hereby dissolved; and it 

 shall not be lawful for the Legislative Assembly of the 

 Territory of Utah to create, organize, or in any man- 



