sions of the preceding section, as well as upon the testimony of oth- ART. 6. ers, such judges and justices shall issue warrants for the immediate apprehension of the persons so offending, to the end that they may be compelled to enter into recognizances, with sufficient sureties, for their good behavior, and for their appearance at some proper court, to answer for the said offences. contributing purse, &c. to $ 57. Every person who shall contribute or collect, or solicit any Penalty for other person to contribute or collect, any money, goods, or things in or collecting action, for the purpose of making up a purse, plate or other valuable be raced for. thing, to be raced for by any animal contrary to law, or to be given to the owner or rider of any animal so racing contrary to law, shall forfeit twenty-five dollars, to be sued for and recovered by and in the name of the overseers of the poor of the town where the offence may be committed.88 owners of and on per $58. The owner, in the whole or in part, of any animal that shall Penalty on be used or employed, by his permission or privity, in racing, contrary horses, &c. to law, shall forfeit the value of the animal so employed. Every per- sous betting. son concerned in laying any bet or wager upon the event of any illegal race, or in contributing to the stakes to be awarded upon any such event, shall forfeit the amount of the bet or wager so made, or of the sum or thing so contributed. The said forfeitures may be sued for and recovered by the overseers of the poor of the town where the offence may be committed. 88 New-Utrecht $59. All racing and running of animals for the trial of speed with- Racing in in the town of New-Utrecht, in the county of Kings, whether the prohibited. same be for any bet, wager, or stakes, or not, shall be deemed a misdemeanor, and the parties concerned therein shall, on conviction, be liable to fine and imprisonment, as declared in the preceding fifty-fifth section.8 89 $ 60. The owner, in whole or in part, of any animal that shall be Penalty. used or employed, by his permission or privity, in raeing, in the town of New-Utrecht, contrary to the provisions of the preceding section, shall forfeit the value of the animal so employed, to be sued for, recovered and applied as directed in the preceding fifty-eighth section.89 ARTICLE SIXTH. Of Profane Cursing and Swearing. SEC. 61 & 62. Penalty for profane swearing; when summary conviction to be made. 63. Proceedings if penalty be not paid or secured. Penalty for swearing; S61. Every person who shall profanely curse or swear shall forfeit one dollar for every offence; if the offence be committed in the profane presence and hearing of any justice of the peace, mayor, recorder or summary alderman of any city, while holding a court, a conviction of the of VOL. I. (88) 1 R. L. 222, § 2, 3 & 4. (89) Laws of 1820, p. 79. conviction. TITLE & fender shall be immediately made by such magistrate, without any other proof whatsoever.90 Ib. other ca808 Proceedings if penalty be secured. $62. And if, at any other time, the offence be committed, in the presence and hearing of such justice, mayor, recorder or alderman, under such circumstances, as in the opinion of the magistrate, to amount to a gross violation of public decency, such magistrate may, in his discretion, convict the offender without other proof.90 $63. If the offender do not forthwith pay the penalties incurred, not paid or with the costs, or give security for their payment within six days, he shall be committed by warrant to the common jail of the county for every offence, or for any number of offences whereof he was convicted, at one and the same time, for not less than one day, nor more than three days, there to be confined in a room separate from all other prisoners." 90 Meetings for religious wor disturbed. be sold. ARTICLE SEVENTH. Of the Disturbance of Religious Meetings. SEC. 61. Prohibition of certain acts, disturbing meetings for religious worship. 66. Duty of peace officers to apprehend offenders against this Article. 67. Judicial officers may order offenders into custody. 68. Proceedings on conviction, if penalty be not paid or secured. $ 64. No person shall wilfully disturb, interrupt or disquiet any ship not to be assemblage of people met for religious worship, by profane discourse, by rude and indecent behaviour, or by making a noise either within the place of worship, or so near it as to disturb the order and solemLiquor not to nity of the meeting; nor shall any person within two miles of the place where any religious society shall be actually assembled for religious worship, expose to sale or gift, any ardent or distilled liquors. or keep open any huckster-shop in any other place, inn, store or gro cery, than such as shall have been duly licensed, and in which such Shows, & person shall have usually resided or carried on business; nor shall any person, within the distance aforesaid, exhibit any shows or plays, unless the same shall have been duly licensed by the proper nor racing or ty; nor shall any person within the distance aforesaid, promote, aid, gaming. or be engaged in any racing of any animals, or in any gaming of any Highways description; nor shall any person obstruct the free passage of any obstructed. highway to any place of public worship, within the distance afore not to be exhibited; not to be Penalty. to collect. said.91 authori $65. Whoever shall violate either of the provisions of the forego Proceedings ing section, may be convicted summarily before any justice of the peace of the county, or any mayor, recorder, alderman or other magistrate of any city, where the offence shall be committed, and on such conviction, shall forfeit a sum not exceeding twenty-five dollars, for the benefit of the poor of the county.9 91 (90) 2 R. L. 195, § 6, 7 & 8. (91) Ib. p. 194, § 4 ; and Laws of 1824, p. 374 ART. 8. ded by peace officers pre $ 66. It shall be the duty of all sheriffs, and their deputies, coroners, marshals, constables, and other peace officers, who may be pre-offenders to sent at the meeting of any assembly for religious worship, which shall be apprehenbe interrupted or disturbed in the manner herein prohibited, to appre- ofice hend the offender, and take him before some justice of the peace, or other magistrate authorised to convict as aforesaid, to be proceeded against according to law.92 sent. dered into judicial off § 67. All judges, mayors, recorders, aldermen, and justices of the May be orpeace, within their respective jurisdictions, upon their own view of custody by any person offending against the provisions of this Article, may order cors. the offender into the custody of any officer in the preceding section named, or of any official member of the church or society so assembled and disturbed, for safe keeping until he shall be let to bail, or a trial for such offence be had. 92 Proceedings not paid or secured. $68. If any person convicted of any of the offences herein prohi- penalty be bited, shall not immediately pay the penalty incurred, with the costs of the conviction, or give security to the satisfaction of the officer before whom the conviction shall be had, for the payment of the said penalty and costs within twenty days thereafter, he shall be committed by warrant to the common jail of the county, until the same be paid, or for such term, not exceeding thirty days, as shall be specified in the warrant.92 ARTICLE EIGHTH. Of the Observance of Sunday. SEC. 69. Service of certain process, &c. on Sunday, prohibited and void, &c. 71. Goods not to be sold on Sunday; to be forfeited; proceedings. cess not to be $69. No writ, process, warrant, order, judgment, decree, or other certain proproceeding of any court or officer of justice, shall be served or exe- served on cuted upon the first day of the week, called Sunday, except in cases Sundays. of breach of the peace, or apprehended breach of the peace, or for the apprehension of persons charged with crimes and misdemeanors, or the violation of any of the provisions of this and the preceding Article, and except where such service shall be specially authorised by law. The service of any such process or proceeding, in all other cases, Service void, shall be utterly void, and shall subject the party offending to damages, at the suit of any person aggrieved.9% 93 &c. sports on velling, labor hibited. $70. There shall be no shooting, hunting, fishing, sporting, play- Certain ing, horse-racing, gaming, frequenting of tippling-houses, or any un- Sunday, tralawful exercises or pastimes, on the first day of the week, called Sun- ing, &c. proday; nor shall any person travel on that day, unless in cases of charity or necessity, or in going to or returning from some church or place of worship within the distance of twenty miles, or in going for (92) 2 R. L. 194, § 4; and Laws of 1824, p. 374. (93) 2 R. L. 195, § 5; 193, § 1, 2, & 3. TITLE 8. medical aid or for medicines, and returning, or in visiting the sick and returning, or in carrying the mail of the United States, or in going express by order of some public officer, or in removing his family or household furniture when such removal was commenced on some other day; nor shall there be any servile laboring or working on that Exceptions. day, excepting works of necessity and charity, unless done by some person who uniformly keeps the last day of the week, called Saturday, as holy time, and does not labor or work on that day, and whose labor shall not disturb other persons in their observance of the first day of the week as holy time. Every person being of the age of fourteen years, offending against the provisions of this section, shall forfeit one dollar for each offence.94 Goods not to be sold on Sunday; may be seized and forfeited. Liquor not to be sold on Sunday. $71. No person shall expose to sale any wares, merchandize, fruit, herbs, goods or chattels, on Sunday, except meats, milk and fish, which may be sold at any time before nine of the clock in the morning; and the articles so exposed for sale shall be forfeited to the use of the poor, and may be seized by virtue of a warrant for that purpose, which any justice of the peace of the county, or mayor, recorder or alderman of the city, is hereby authorised to issue, upon a conviction of the offender. When seized, they shall be sold on one day's notice being given, and the proceeds shall be paid to the overseers of the poor of the town or city.94 $72. No keeper of an inn or tavern, or of any ale-house, or porter-house, or grocery, nor any other person authorised to retail strong or spirituous liquors, shall on Sunday, sell or dispose of any ale, porException. ter, strong or spirituous liquors, excepting to lodgers in such inns or taverns, or to persons actually travelling on that day in the cases allowed by law. Every person offending against this provision, and being thereof duly convicted, shall forfeit the sum of two dollars and fifty cents.94 Proceedings to collect penalties imposed by three last Articles. ARTICLE NINTH. General Provisions to enforce the Prohibitions of the three last SEC. 73. Proceedings to collect penalties imposed by three last Articles. 74. Such prosecutions to be commenced within twenty days. 75. Execution to collect penalties; its contents. 76. Certificate of conviction to be filed with county clerk. $73. Whenever complaint shall be made to any justice of the peace, mayor, recorder or alderman, of a violation of either of the provisions contained in the three last Articles, relative to profane swearing, the disturbance of religious meetings, or the observance of Sunday, or when any of such violations shall happen in the presence of such officer, he shall cause the offender to be brought before him, (94) 2 R. L. 195, § 5; Ib. 193, § 1, 2 & 3. and shall proceed summarily to inquire into the facts; and if the per- TITLE 9. son charged be found guilty, a record of his conviction shall be made and signed by such officer, before issuing any process to enforce the same; which conviction shall be final, and shall not be re-examined upon the merits in any court.95 for prosecut $74. No prosecution shall be maintained for any of the violations Time limited specified in the preceding section, unless the same be instituted by the ing." actual issuing of process to apprehend the offender, or by his actual appearance to answer the complaint, within twenty days next after the offence committed.96 collect penal $75. Upon a conviction being had for any of the offences in the Execution to three last Articles specified, where no other special provision is made ties. for the collection of the penalties incurred, the magistrate before whom the same is made, shall issue an execution to any constable of the county, commanding him to levy the said penalties and the costs of the conviction, by distress and sale of the goods and chattels of the offender, and in case sufficient goods and chattels can not be found, then to commit such offender to such common jail of the county, for such time as shall be specified in such execution, not less than one day nor more than three days.96 had, Certificate of office when and conviction where to be $76. Within thirty days after any such conviction shall be the magistrate making the same, shall cause to be filed in the of the clerk of the county, a certificate of such conviction, briefly filed. stating the offence charged, the conviction and judgment thereon, and if any fine has been collected, the amount thereof, and to whom paid.97 $77. In all prosecutions for any of the offences specified in the Fees of three last Articles, the like fees shall be allowed and taken as in civil officers. suits before justices of the peace, which shall in no case exceed five dollars, and be paid by the party offending, over and above the penalties incurred; but in case of the imprisonment of the offender, no charges or fees shall be allowed.96 justices and TITLE IX. OF EXCISE, AND THE REGULATION OF TAVERNS AND GROCERIES. SEC. 1. Who to be commissioners of excise in the several towns. 2. When and where to meet. 3. Book of minutes to be kept; how verified, and where filed. 4. Power to grant licenses, and to fix sum to be paid therefor. 5. Licenses, how signed; how long in force; fee therefor. 6. In what cases only, licenses to sell liquor to be drank, &c. to be granted. 7. Bond with surety to be executed by tavern-keepers; its condition. 8. Penalty on tavern-keepers for not being provided with certain articles. 9. Tavern-keepers to put and keep up a sign; penalty for neglect. 10. Penalty for putting up sign, without license as tavern-keeper. (95) 2 R. L. 196, § 9 & 10. (96) Ib. 197, § 11, 12, and other sections. (97) Act concerning Revised Statutes, December 10, 1828. |