Page:1864-65 Territory of Dakota Session Laws.pdf/51

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PENAL CODE.
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within the distance of twenty miles, or in going for medical aid or for medicines and returning, or in visiting the sick and returning, or in going express by order of some public officer, in removing one's family or household furniture when such removal was commenced on some other day.

Sec. 44. It is a sufficient defense in proceedings for servile labor or undue travel on the first day of the week, to show that the accused uniformly keeps another day of the week as holy time, and does not labor or travel upon that day, and that the labor or travel complained of was done in such manner as not to interrupt or disturb other persons in observing the first day of the week as holy time.

Sec. 45. All shooting, sporting, horse racing, gaming or other public sports, upon the first day of the week, are prohibited.

Sec. 46. All trades, manufactures and mechanical employments upon the first day of the week are prohibited.

Sec. 47. All manner of public selling, or offering, or exposing for sale publicly, of any commodities upon the first day of the week is prohibited, except that meats, milk and fish may be sold at any time before nine o'clock in the morning, and except that food may be sold to be eaten upon the premises where sold, and drugs and medicines and surgical appliances may be sold at any time of the day.

Sec. 48. All service of legal process of any description whatever, upon the first day of the week, is prohibited, except in cases of breach of the peace, or apprehended breach of the peace, or when sued out for the apprehension of a person charged with crime; or except where such service shall be specially authorized by law.

Sec. 49. Every person guilty of Sabbath breaking is punishable by a fine of one dollar for each offense.

Sec. 50. All money collected from the fines imposed by the last section, shall be paid into the county treasury, as a fund for the support of common schools in said county.

Sec. 51. The fines prescribed in this chapter for profane swearing and for Sabbath breaking, may be collected in the manner prescribed by law for the collection of debts; but no

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