ART. 72.] CRIMES A.ND MISDEMEANORS, ETC.

807

flour or whiskey under the market price of the day, and not make
return thereof to the proper owner of such flour or whiskey, he
shall pay to the person injured, double the amount of the sum so
received, and shall pay a fine not less than five nor more than twenty

ing same to
owner

dollars, one-half to the person prosecuting for the same and the
other half to the use of the county or city where the case is heard,
to be recovered as small debts are recovered.

Penalty.

OFFENCES AGAINST CHASTITY AND MOKALITY.

BIGAMY.

102. Whosoever being married shall, the first husband or wife
(as the case may be) being alive, marry any person, shall undergo
a confinement in the penitentiary for a period not less than eighteen
months, nor more than nine years; provided, that nothing herein
contained shall extend to any person whose husband or wife shall

Art 30, s 11.
1706, c 8,
1809, c 138, s 7.
Bigamy
1 HI 429.
8 G & J 54
1 Peters, 108
Punishment

be continually remaining beyond the seas seven years together, or
shall he absent himself or herself seven years together, in any part
within the United States, or elsewhere, the one of them not knowing

Where husband
or wife beyond
seas, or absent
seven years,
not guilty

the other to be living at that time; and if such offender be a man,
his first wife shall, on his con viction, be forthwith endowed of one-third
part of his real estate, which she shall hold as tenant in dower, the
assignment of which shall be made as prescribed by law in other
cases of dower, and she shall have the like remedy for the re-
covery thereof; and she shall also, on his conviction, be forthwith enti-
tled to one-third part of his personal estate, in the same manner as if
such husband had died intestate, and she had survived him, which
third part shall be divided and allotted to her in the same manner
as distribution is made of the personal estate of intestates; and if

If offender a
man, his wife
entitled to
dower and
thirds.

the said offender be a man, he shall, on conviction, forfeit his claim
or title as tenant by the curtesy, and also all his claim or title to any
estate, personal or mixed, which he may have in right of his first

Forfeits curtesy
and all interest
in wife's eatate

wife , and if the said offender be a woman, she shall, on conviction,
forfeit her claim to dower of the estate of her first husband, and also
her distributive share of his personal estate which she would be enti-
tled to if he had died intestate, and she had survived him.

If a woman,
forfeits dower
and thirds.

MARRYING UNLAWFULLY.

103. If any person shall marry with any person within the three
degrees of direct lineal consanguinity, or within the first degree of
collateral consanguinity, each of the parties so marrying, on convic-
tion thereof, shall forfeit and pay fifteen hundred dollars, or be ban-

Art. 30, s 124
1777, c 12,8.2,
1785, c 35
Unlawful
marriagc.

Penalty.

ished the State forever.
104. If any person shall marry with any person related within
any other of the degrees of kindred or affinity prohibited by the laws
of this State, each of the parties so marrying shall, on conviction
thereof, forfeit and pay five hundred dollars.

Id s 125
1777, c 12, s 2

1790, c 20
Person marry-
ing within other
prohibited
degrees
Penalty.