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bigamy, act and territory

POLYGAMY. The act or state of a person who, knowing that he has two or more wives, or the she has two or more husbands, mar ries another.

It differs from bigamy. Com. Dig. Jus tices (S 5) ; Co. 3d Inst. 88.

But bigamy is now commonly used even where polygamy would be strictly correct; 1 Russ. Cr. 186, n. On the other hand, polyg amy is used where bigamy would be strictly correct ; Mass. Gen. Stat. 1860, p. 817., Every person having a husband or wife living, who marries another, whether mar ried or single, in a territory or other place over which the United States has exclusive jurisdiction, is guilty of bigamy, and shall be punished by a fine of not more than five hundred dollars, and by imprisonment for a term of not more than five years; R. S. 5352 .(Crim. Code, 313) ; Miles v. U. S., 103 U. S. 304, 26 L. Ed. 481.

An act of congress of March 3, 1887, was for the express purpose of the sup pression of polygamy in Utah Territory.

It expressly annuls the act of territorial legislation which contravenes its purposes and provided for winding up the corporation in the territory, known as the Church of Jesus Christ of the Latter Day Saints, and required the attorney-general to take pro ceedings for that purpose. The act contains elaborate provisions for adjusting property interests involved in this change, and pro viding severe penalties for violation of its provisions ; U. S. R. S. 1 Supp. 568. This act was held constitutional ; Church of Jesus Christ of L. D. S. v. U. S., 136 U. S. 1, 10 Sup. Ct. 792, 34 L. Ed. 478; where it was also held that the pretence of religious belief cannot deprive congress of the power to prohibit polygamy and all other open of fences against the enlightened sentiment of mankind.