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Code · STATUTES-AT-LARGE · Vol. 12 STAT. · July 1, 1862 · Chapter CXXVI

Chapter CXXVI. *to punish and prevent the Practice of Polygamy 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.* July 1, 1862. *Be it enacted by the Senate and House of Representatives of the United States of

618 words·~3 min read·/statutes-at-large/vol-12/chapter-cxxvi-2149330·

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Chap. CXXVI.— An Act *to punish and prevent the Practice of Polygamy 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.* July 1, 1862. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Bigamy in the territories of the United States, how punished. That every person having a husband or wife living, who shall marry any other person, whether married or single, in a Territory of the United States, or other place over which the United States have exclusive jurisdiction, shall, except in the cases specified in the proviso to this section, be adjudged guilty of bigamy, and, upon conviction thereof, shall be punished by a line not exceeding five hundred dollars, and by imprisonment for a term not exceeding five years: *Provided, nevertheless*, That this section shall not extend to any personAct not to apply to certain cases. by reason of any former marriage whose husband or wife by such marriage shall have been absent for five successive years without being known to such person within that time to be living; nor to any person by reason of any former marriage which shall have been dissolved by the decree of a competent court; nor to any person by reason of any former marriage which shall have been annulled or pronounced void by the sentence or decree of a competent court on the ground of the nullity of the marriage contract.
Sec. 2. *And be it further enacted*, That the following ordinance ofCertain acts of the territory of Utah, &c., annulled and disapproved. the provisional government of the State of Deseret, so called, namely: “An ordinance incorporating the Church of Jesus Christ of Latter Day Saints,” passed February eight, in the year eighteen hundred and fifty-one, and adopted, reenacted, and made valid by the governor and legislative assembly of the Territory of Utah by an act passed January nineteen, in the year eighteen hundred and fifty-five, entitled “An act in relation to the compilation and revision of the laws and resolutions in force in Utah Territory, their publication, and distribution,” and all other acts arid parts of acts heretofore passed by the said legislative assembly of the Territory of Utah, which establish, support, maintain, shield, or countenance polygamy, be, and the same hereby are, disapproved and annulled: *Provided*, That this act shall be so limited andRights of property acquired under these acts, &c., not to be interfered with, &c construed as not to affect or interfere with the right of property legally acquired under the ordinance heretofore mentioned, nor with the right “to worship God according to the dictates of conscience,” but only to annul all acts and laws which establish, maintain, protect, or countenance the practice of polygamy, evasively called spiritual marriage, however disguised by legal or ecclesiastical solemnities, sacraments, ceremonies, consecrations, or other contrivances.
Sec. 3. *And be it further enacted*, That it shall not be lawful forReligious, &c., corporations in territories not to hold more than $50,000 of real, estate. any corporation or association for religious or charitable purposes to acquire or hold real estate in any Territory of the United States during the existence of the territorial government of a greater value than fifty thousand dollars; and all real estate acquired or held by any such corporation or association contrary to the provisions of this act shall be502THIRTY-SEVENTH CONGRESS.
Sess. II. Ch. 127, 128. 1862. Vested rights not impaired hereby.forfeited and escheat to the United States: *Provided*, That existing vested rights in real estate shall not be impaired by the provisions of this section. Approved, July 1, 1862.
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