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 fom "bigamy" (q. v.) Comyn, Dig. "Justices" (S 5); Diet, de Jur.; 3 Inst. 88. But "bigamy" is now commonly used even where "polygamy" would be strictly correct. 1 Russ. Crimes, 186, note. On the other hand, "polygamy" is used where "bigamy" would be strictly correct. Gen. St. Mass. 1860, p. 817.

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.

The marrying or husbands at the Poena corporalis: corporal punishment Poena punishment Poena pilloralis: punishment Punishment; a penalty. law. Penal; imposing a penalty; claiming or v. In poenalibus, etc. civil law. Repentance; a change of mind or of a contract, v. Locus pcenitentice. hi Scots law. A taking of goods, etc., in execudistress. fr. An article; a point; in old law, a writ or nous brefs: the points of our writs. law. Policy; a policy. Police d'assnrance: a the contract of insurance. Police de chargeaffecting health, morals, liberty, safety and hapfor promoting the same; the body of officers, municipality like a city, whose duty it is to enforce Police court: a municipal court having, in genoffenses against such regulations. Police magishaving the powers, and charged with the duties, justice of the peace. Police power: the power regulations to promote the health, peace, morals, order of the people. public administration designed to promote the; a written instrument expressive of a contract execution of which insurance is effected. public policj-. Political ofl Bce: an office not with the execution of the mandates of a the administration of justice. Political rights: and administration of government one by one, a number of persons; to examine as to his concurrence in the verdict rendered. individual person, v. Challenge. Poll-tax: a tax or ppll; a capitation tax. smooth or even; cut in a straight line, without inapplied to a deed, and still used, but with little poll. civil law. A promise, without mutuality. old English latv. Polygamy. Polygamia est viroriim uxorumve connubium: polygamy is the husbands or wives at the same time. of many; the offense of having several wives same time.

1. The civil condition of having more wives than one; a social order permitting several wives. 2. The ofience of marrying more than two wives or husbands, the previous spouses being alive and undivorced; plurality of marriages, as distinguished from bigamy in the sense of a double marriage. 8. The offence committed by a layman in marrying while any previous wife is living and undivorced; as distinguished from bigamy in the sense of a breach of ecclesiastical law involved in any second marriage by a clerk. The above are presented as alternative definitions. All are not needed; the first is recommended. The choice will be made according as one is more influenced by the etymology of words, the history of their use, or the practical convenience of use at the present day. The history of the words involved favors the third of the above definitions. In early times, in England, the ecclesiastical law forbade a person in orders to many again, even after the death of a first wife; or to marry a widow. The offence, an ecclesiastical one only, of his doing so was called bigamy, q. v. The general civil law of the land also forbade that any man should marry while any previous wife was living and undivorced, Bometimes called bigamy; but, to distinguish it from the diiferent ecclesiastical breach, some authorities advised calling it polygamy. See 4 Bl. Com. 164; 4 Steph. Com. 278, note. It appears to be upon this principle that the statutes of Massachusetts employ the term polygamy, instead of bigamy. Etymology favors the second definition. Bigamy literally means a second marriage distinguished from a third or other; while polygamy means many marriages — implies more than two. But there are at the present day no reasons of practical convenience for adhering to either of these definitions. The distinctions they preserve are unimportant. The ecclesiastical offence is obsolete, or of no note in jurisprudence; and the offence of marrying a third or fourth or twentieth spouse while the first lives is in no respect different from that of marrying a second. But, so long as countries and governments exist in which men are under any conditions allowed to have more wives than one, there is need of a term for this civil condition, or peculiar social system, — a term which, though it may be charged with moral reprobation, does not import criminality; that is, violation of the local law. And there is equal need of a term in our own criminal law for the having more wives or husbands than one, considered as an offence. Practical considerations favor employing bigamy as the name of the offence, irrespective of how many marriages have been contracted; and polygamy, for the practice of plurality of wives, presented not as a crime, but as a condition locally recognized and allowed. Ponderantur testes, non numerantur. Witnesses are weighed, not counted. Witnesses are estimated by the weight or importance of their testimony, and not by their number. When there is conflicting evidence, the jury must determine the degree of credit to be given to each of the witnesses; for the testimony of one witness may In many cases be more trustworthy than opposing testimony of many. Tlie rule has been expressed, ponderantur testes, nan numerantur; but " testimonia" or " probationes" would be better than "testes," as it is clearly not

crim. law, is the act of a person who knowing he has two or more wives, or she has two or more husbands living, marries another. It ditfers from bigamy, (q. v-) Com. Dig. Justices, S 5; Dict. de Jur. h. t.