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so far as they may exist by force of any such treaty shall continue to exist so long as such treaties are in force, and no longer. SEC. 2.
That no corporation or association more than twenty per centum of the stock of which is or may be owned by any person or persons, corporation or corporations, association or associations not citizers of the United States, shall hereafter acquire or hold or own any real estate hereafter acquired in any of the territories of the United States or of the District of Columbia.
SEC. 3. That no corporation other than those organized for the construction or operation of railways, canals, or turnpikes shall acquire, hold, or own more than five thousand acres of land in any
of the territories of the United States; and no railroad, canal, or turnpike corporation shall hereafter acquire, hold, or own lands in any territory, other than as may be neccessary for the proper operation of its railroad, canal, or turnpike, except such lands as may have been granted to it by act of congress. But the prohibition of this section shall not affect the title to any lands now lawfully held by any such corporation.
That all property acquired, held, or owned in violation of the provisions of this act shall be forfeited to the United States, and it shall be the duty of the attorney general to enforce every such forfeiture by bill in equity or other proper process. And in any suit or proceedings that may be commenced to enforce the provisions of this act, it shall be the duty of the court to determine the very right of the matter without regard to matters of form, joinder of parties, multifariousness, or other matters not affecting the substantial rights either of the United States or of the parties concerned in any such proceeding arising out of the matters in this act mentioned.
Approved March 3, 1887. CHAP. 397.-An act to amend an act entitled “An act to amend section fifty-three hundred and fifty-two of the revised statutes of the United States, in reference to bigamy and for other purposes," approved March twenty-second, eighteen hundred and eighty-two.
Be it enacted by the Senate and House of Representatives of the Unted States of America in Congress assembled, SEC. I. That in any proceeding or examination before a grand jury, a judge, justice, or a United States commissioner, or a court, in any prosecution for bigamy, polygamy, or unlawful cohabitation, under any statute of the United states, the lawful husband or wife of the person accused shall be a competent witness, and may be called, but shall not be compelled to testify in such proceeding, examination, or prosecution without the consent of the husband or wife, as the case may be; and such witness shall not be permitted to testify as to any statement or communication made by either husband or wife to each other, during the existence of the marriage relation, deemed comfidential at common law.
Sec. 2. That in any prosecution for bigamy, polygamy, or unlawful cohabitation, under any statute of the United States, whether
before a United States commissioner, justice, judge, a grand jury,
any court, an attachment for any witness may be issued by the court, judge, or commissioner without a previous supana, compelling the immediate attendance of such witness, when it shall appear, by oath or affirmation, to the commissioner, justice, judge, or court, as the case may be, that there is reasonable ground to believe that such witness will unlawfully fail to obey a supana issued and served in the usual course in such cases, and in such case the usual witness fee shall be paid to such witness so attached: Provided, That the person so attached may at any time secure his or her discharge from custody by executing a recognizance with sufficient surety, conuitioned 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 exceeding three years; and when the act is committed between a married woman and a who is unmarried, both parties to such act shall be deemed guilty oi 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 if any person related to another person 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, knowing her or him to be within said degree of relationship, 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 imprisonment not exceeding six months, or by a fine not exceeding one hundred dollars.
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 lawfully competent to be the subjects of such marriage or ceremony or not, shall be certified by a certificate stating the fact and nature of such ceremony, the full names of each of the parties concerned, and the full name of every officer, priest and person, by whatever style and designation called or known, in 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 ceremony and shall be by the officer, priest or other person solemnizing such marriage or ceremony filed in the office of the probate court; or, if there be none, in the office o the court having probate powers in the county or district in whic
such ceremony shall take place, for record, and shall be immediately recorded, and be at all times subject to inspection as other public records. Such certificate, or the record thereof, or a duly certified copy of such record shall be prima facia evidence of the facts required by this act to be stated therein, in any proceeding, civil or criminal, in which the matter shall be drawn in question. Any person who shall wilfully violate any of the provisions of this section shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine of not more than one thousand dollars, or by imprisonment not longer than two years, or by both said punishments, in the discretion of the court. SEC. 10.
That nothing in this act shall be held to prevent the proof of marriages, whether lawful or unlawful, by any evidence now legally admissible to that purpose.
SEC. 13. That it shall be the duty of the attorney general of the United States to institute and prosecute proceedings to forfeit and escheat to the United States the property of corporations obtained or held in violation of section three of the act of congress approved the first day of July, eighteen hundred and sixty-two, entitled, “An act to punish and prevent the practice of polyamy in the territories of the United States and other places, and disapproving and annulling certain acts of the legislative assembly of the territory of Utah,”or in violation of section eighteen hundred and ninety 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 appurtenant thereto, which is held and occupied exclusively for the purposes of the worship of God, or parsonage connected therewith, or burial ground shall be forfeited.
That in any proceeding for the enforcement of the provisions of law against corporations or associations acquiring or holding property in any territory of the United States, in excess of the amount limited by law, the court before which such proceeding 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. 18. (a) A widow shall be endowed of third part of all the lands whereof her husband was seized of an estate of inheritance at any time during the marriage unless she shall have lawfully released her right thereto.
(6) The widow of any alien who at the time of his death shall be entitled by law to hold any real estate, if she be an inhabitant of the territory at the time of such death, shall be entitled to dower of such estate in the same manner as if such alien had been a native citizen.
(c) If a hustand seized of an estate of inheritance in lands exchanges them for other lands, his widow shall not have dower of both, but shall make her election to be endowed of the lands given or of those taken in exchange; and if such election be not evinced by the commencement of proceedings to recover her dower of the lands given in exchange within one year after the death of her husband, she shall be deemed to have elected to take her dower of the lands received in exchange.
(d) When a person seized of an estate of inheritance in lands shall have executed a mortgage, or other conveyance in the nature of mortgage, of such estate, before marriage, his widow shall nevertheless be entitled to dower out of the lands mortgaged or so conveyed as against every person except the mortgagee or grantee in such conveyance and those claiming under him.
(e) Where a husband shall purchase lands during coverture, and shall at the same time execute a mortgage, or other conveyance in the nature of mortgage, of his estate in such lands to secure the payment of the purchase-money, his widow shall not be entitled to do ver out of such lands, as against the mortgagee, or grantee in such conveyance, or those claiming under him, although she shall not have united in such mortgage; but she shall be entitled to her dower in such lands as against all other persons.
() Where in such case the mortgagee, or such grantee or those claiming under him, shall, after the death of the husband of such widow, cause the land mortgaged or so conveyed to be sold either under a power of sale contained in the mortgage or such conveyance or by virtue of the decree of a court if any surplus shall remain after payment of the moneys due on such mortgage or such conveyance, and the costs and charges of the sale, such widow shall nevertheless be entitled to the interest or income of the one-third part of such surplus for her life, as her dower.
(8) A widow shall not be endowed of lands conveyed to her husband by way of mortgage unless he acquire an absolute estate therein during the marriage period.
(h) In case of divorce dissolving the marriage contract for the misconduct of the wife, she shall not be endowed.
SEC. 26. That all religious societies, sects, and congregations shall have the right to have and to hold, through trustees appointed by any court exercising probate powers in a territory, only on the nomination of the authorities of such society, sect, or congregation, so much real property for the erection or use of houses of worship, and for such parsonages and burial grounds as shall be necessary for the convenience and use of the several congregations of such religious society, sect, or congregation.
Received by the President, February 19, 1887.
[NOTE BY THE DEPARTMENT OF STATE.-The foregoing act having been presented to the president of the United States for his
approval, and not having been returned by him to the house of congress in which it originated within the time prescribed by the constitution of the United States, has become a law without his approval.]
CHAP. 340.—An act to amend section fifty-three hundred and eighty-eight of the revised statutes of the United States, in relation to timber depredations.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section fiftythree hundred and eighty-eight of the revised statutes of the United States be amended so as to read as follows: “Every person who unlawfully cuts, or aids or is employed in unlawfully cutting, or wantonly destroys or procures to be wantonly destroyed, any timber standing upon the land of the United States which, in pursuance of law, may be reserved or purchased for military or other purposes, or upon any Indian reservation, or lands belonging to or occupied by any tribe of Indians under authority of the United States, shall
a fine of not more than five hundred dollars or be imprisoned not more than twelve months, or both, in the discretion of the court.”
Approved June 4, 1888 CHAP. 785.-An act to authorize the juries of the United States circuit and district courts to be used interchangeably, and to provide for drawing talesmen.
Be it enacted by the Senate and House of Representatives of the United States of Amer ca in Congress assembled, That the act of Congress approved June thirtieth, eighteen hundred and seventynine, chapter fifty-two, section two, be, and the same is hereby, amended, so that whenever any circuit or district court of the United States shall be held at the same time and place they shall be authorized and required, if the business of the courts will permit, to use interchangeably the juries in either court drawn according to the provisions of said act.
Approved, August 8, 1888.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no white man, not otherwise a member of any tribe of Indians, who may hereafter marry, an Indian woman, member of any Indian tribe in the United States, or any of its territories, except the five civilized tribes in the Indian territory, shall by such marriage hereafter acquire any right to any tribal property, privilege or interest whatever to which any member of such tribe is entitled.
That every Indian woman, member of any such tribe of Indians, who may hereafter be married to any citizen of the United States, is hereby declared to become by such marriage a citizen of the United States, with all the rights, privileges and immunities of any such citizen, being a married woman: Provided, That nothing in this act contained shall impair or in any way affect the right or title of such married woman to any tribal property or any interest therein.