Polygamy

The act or state of a person who, knowing that he has two or more wives, or that she has two or more husbands, marries another. It differs from bigamy.

Com. Dig. Justices (S 5); Co. 3d Inst. 88.

But bigamy is now commonly used even where polygamy would be strictly correct; 1 Russ. Cr. 1SG, n. On the other hand, polygamy is used where bigamy would be strictly correct; Mass. Gen. Stat. 1800, p.

817.

Every person having a husband or wife living, who marries another, whether married 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 tine of not more than five hundred dollars, and by imprisonment for a term of not more than ti\e years; K. S. § 5352 (Crim. Code, § 313); Miles v. U. S., 103 U. S. 304, 26 L. Ed. 4S1. An act of congress of March 3, 1887, was passed for the express purpose of the suppression 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 proceedings for that purpose. The act contains elaborate provisions for adjusting property interests involved in this change, and providing severe penalties for violation of its provisions; U. S. It. S. 1 Sup]).

568.

This act was held constitutional; Church of Jesus Christ of L. D. S. v. U. S., 136 U. S. 1, 10 Sup. Ct 702, 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 offences against the enlightened sentiment of mankind. See Bigamy; Religion; Lascivious Cohabitation.