lected, by its parents or other person or persons having it in charge, or being in a state of want or suffering; or 3. Destitute of means of support, being an orphan, or living or having lived with or in custody of a parent or guardian who has been sentenced to imprisonment for crime, or who has been convicted of a crime against the person of such child, or has been adjudged an habitual criminal; or 4. Frequenting or being in the company of reputed thieves or prostitutes, or in a reputed house of prostitution or assignation, or living in such a house either with or without its parent or guardian, or being in concert saloons, dance houses, theatres, museums or other places of entertainment, or places where wines, malt or spirituous liquors are sold, without being in charge of its parent or guardian ; or playing any game of chance or skill in any place wherein or adjacent to which any beer, ale, wine or liquor is sold or given away, or being in any such place; or 5. Coming within any of the descriptions of children mentioned in section two hundred and ninety-two, must be arrested and brought before a proper court or magistrate, who may commit the child to any incorporated charitable reformatory, or other institution, and when practicable, to such as is governed by persons of the same religious faith as the parents of the child, or may make any disposition of the child such as now is or hereafter may be authorized in the cases of vagrants, truants, paupers or disorderly persons, but such commitments shall, so far as is practicable, be made to such charitable or reformatory institutions. Whenever any child shall be committed to an institution under this code, and the warrant of commitment shall so state, and it shall appear therefrom that the parent, guardian or custodian of such child was present at the examination before such court or magistrate, or had such notice thereof as was by such court or magistrate deemed and adjudged sufficient, no further or other notice required by any local or special statute, in regard to the committal of children to such institution shall be necessary, and such commitment shall in all respects be sufficient to authorize such institution to receive and retain such child in its custody as therein directed. Whenever any commitment of a child shall for any reason be adjudged or found defective a new commitment of the child may be made or directed by the court or magistrate, as the welfare of the child may require. And no commitment of a child which shall recite therein the facts upon which it is based shall be deemed invalid by reason of any omission of the court or magistrate by whom such commitment is made to file any documents, papers or proceedings relating thereto, or by reason of any limitation as to the age of the child committed, contained in the act or articles of incorporation of the institution to which it may have been committed. commit any such child held as a witness to appear on the trial of any criminal case; which institution shall thereupon receive the same, and be entitled to the like compensation proportionally therefor as on final commitment, but subject to the order of the court as to the time of detention and discharge of the child. Any such child convicted of any misdemeanor shall be finally committed to some such institution, and not to any prison, or jail, or penitentiary, longer than is necessary for its transfer thereto. No child under restraint or conviction, actually or apparently under the age of sixteen years, shall be placed in any prison or place of confinement, or in any courtroom, or in any vehicle for transportation in company with adults charged with or convicted of crime, except in the presence of a proper official. § 292. Certain employment of a child. A person who employs or causes to be employed, or who exhibits, uses, or has in custody, or trains for the purpose of the exhibition, use or employment of, any child apparently or actually under the age of sixteen years; or who having the care, custody or control of such a child as parent, relative, guardian, employer, or otherwise, sells, lets out, gives away, so trains, or in any way procures or consents to the employment, or to such training, or use, or exhibition of such child; or who neglects or refuses to restrain such child from such training, or from engaging or acting, either 1. As a rope or wire walker, dancer, gymnast, wrestler, contortionist, rider or acrobat; or upon any bicycle or similar mechanical vehicle or contrivance; or, 2. In begging or receiving or soliciting alms in any manner or under any pretense, or in any mendicant occupation; or in gathering or picking rags, or collecting cigar stumps, bones or refuse f markets; or, 3. In peddling, singing or playing upon a musical instrument, in a theatrical exhibition, or in any wandering occupation; or, 4. In any illegal, indecent or immoral exhbibition or practice; or in the exhibition of any such child when insane, idiotic, or when presenting the appearance of any deformity or unnatural physical for ation or development; or, 5. In any practice or exhibition or place dangerous or injuriou the life, limb, health or morals of the child, Is guilty of a misdemeanor. But this section does not apply to the employment of any child as a singer or musician in a church school or academy, or in teaching or learning the science or practice of music, or as a musician in any concert with the written consent of the mayor of the city, or the president of the board of trustees of the village where such concert takes place. Laws 1876, ch. 122, §§ 1, 2. § 293. Duty of officers of society. A constable or police officer mast, and any agent or officer of any incorporated society for the prevention of cruelty to children may, arrest and bring before a court or magistrate having jurisdiction, any person offending against any of the provisions of this chapter, and any minor coming within any of the descriptions of children mentioned in section 291 or in section 292. Such constable, police officer or agent may interfere to prevent the perpetration in his presence of any act forbidden by this chapter. A person who obstructs or interferes with any officer or agent of such society, in the exercise of his authority under this chapter, is guilty of a misdemeanor. CHAPTER IV. ABORTION AND CONCEALING DEATH OF INFANT. SECTION 294. Abortion defined. 295. Killing of child in attempting miscarriage. 296. Concealing birth. 297. Selling drugs, etc. § 294. Abortion defined. A person who, with intent thereby to procure the miscarriage of a woman, unless the same is necessary to preserve the life of the woman, or of the child with which she is pregnant, either 1. Prescribes, supplies, or administers to a woman, whether preg ‘or not, or advises or causes a woman to take any medicine, , or substance; or 2. Uses, or causes to be used, any instrument or other means; Is guilty of abortion, and is punishable by imprisonment in a state prison for not more than four years, or in a county jail for not nore than one year. 1 R. S. 932, §§ 9, 10, 11. 295. Killing of child in attempting miscarriage. A pregnant man, who takes any medicine, drug or substance, or uses or subnits to the use of any instrument or other means, with intent thereby to produce her own miscarriage, unless the same is necessary the birth of a child, by any disposition of the dead body of the child, whether the child died before or after its birth, is guilty of a misdemeanor. § 297. Selling drugs, etc. A person who manufactures, gives or sells an instrument, a medicine or drug, or any other substance, with intent that the same may be unlawfully used in procuring the miscarriage of a woman, is guilty of a felony. 3 R. S. 933, § 11. CHAPTER V. BIGAMY, INCEST AND THE CRIME AGAINST NATURE. SECTION 298. Bigamy defined; how punished. 299. Exceptions. 300. Indicting for bigamy. 303. Crime against nature. § 298. Bigamy defined; how punished. A person who, having a husband or wife living, marries another person, is guilty of bigamy, and is punishable by imprisonment in a penitentiary or state prison for not more than five years. 3 R. S. 964, § 13. § 299. Exceptions. The last section does not extend, 1. To a person whose former husband or wife has been absent for five years successively then last past, without being known to him or her within that time to be living, and believed by him or her to be dead; or 2. To a person whose former marriage has been pronounced void, or annulled, or dissolved, by the judgment of a court of competent jurisdiction, for a cause other than his or her adultery ; or 3. To a person who, being divorced for his or her adultery, has received from the court which pronounced the divorce, permission to marry again; or 4. To a person whose former husband or wife has been sentenced to imprisonment for life. &R. S. 964, § 14. § 300. Indicting for bigamy. An indictment for bigamy may be found in the county in which the defendant is arrested, and the like proceedings, including the trial, judgment and conviction, may be had in that county, as if the offense were committed therein. § 301. Punishment of consort. A person who knowingly enters into a marriage with another, which is prohibited to the latter by the foregoing provisions of this chapter, is punishable by imprisonment in a penitentiary or state prison for not more than five years, or by a fine of not more than one thousand dollars, or both. Id. § 16. § 302. Incest. When persons, within the degrees of consanguinity, within which marriages are declared by law to be incestuous and void, intermarry or commit adultery or fornication with each other, each of them is punishable by imprisonment for not more than ten years. Id. § 17. § 303. Crime against nature. A person who 1. Carnally knows in any manner any animal or bird; or, 2. Carnally knows any male or female person in any manner contrary to nature; or, 3. Voluntarily submits to such carnal knowledge; or, 4. Attempts sexual intercourse with a dead body, Is guilty of the detestable and abominable crime against nature, and is punishable with imprisonment for not less than five ror more than twenty years. § 304. Penetration sufficient. Any sexual penetration, however slight, is sufficient to complete the crime specified in the last section. 3 R. S. 1030, § 23. CHAPTER VI. * VIOLATING SEPULTURE AND THE REMAINS OF THE DEAD. SECTION 305. Right to direct disposal of one's own body after death. |