mankind. That there is one God, whose nature is love, revealed in one Lord Jesus Christ, by one Holy Spirit of Grace, who will finally restore the whole family of mankind to holiness and happiness. That holiness and happiness are inseparably connected; and that believers ought to be careful to maintain order and practice good works, for these things are good and profitable unto men. They are not particularly concerned as to the process, but are satisfied to believe that all mankind will finally be saved and enjoy unending felicities in heaven. Their church government is congregational.

§847. The Quakers, as a sect in the United States, believe in God, the Creator and Preserver of the Universe; in Jesus Christ, the Messiah and Mediator; in the Holy Spirit, the Sanctifier and Comforter, and in the resurrection of the body and the life everlasting; and generally in the doctrines of the evangelical churches of the country; though they have been charged with Unitarianism, which they deny. Compliments, superfluity of apparel and furniture, outward shows of rejoicing and mourning, and the observation of days and times, they esteem incompatible with the simplicity and sincerity of a Christian life; and public diversions, gaming, and other vain amusements by the world they condemn. They have no organized churches and ministry, but all, both male and female belonging to their society, who are moved by the Spirit, may speak and teach in their meetings. They have their monthly, quarterly, and yearly meetings, where all the business of their religious societies is done.

§848. There are several other inferior religious denominations in the United States, like the Shakers, Swedenborgians, Adventists, etc., which are not as yet sufficiently numerous to give them importance or interest. Their church polity, however, for the most part, is Congregational or Independent.

DISTURBING RELIGIOUS MEETINGS.

CHAPTER LXIV.

DISTURBING RELIGIOUS MEETINGS-LAWS AND PENALTIES IN NEW YORK-HOW ENFORCED-FORM OF PROCEEDINGS.

§ 849. Ample provisions have been made in the State of New York to protect religious societies in their worship. It is there made unlawful for any person willfully to disturb, interrupt, or disquiet any assemblage of people met for reli gious worship, by profane discourse, by rude and indecent behavior, or by making a noise, either within the place of worship, or so near it as to disturb the order and solemnity of the meeting. (1 Revised Statutes, Part 1, Ch. 20, Sec. 64; 1 Statutes at Large, 627.)

§ 850. It is also made unlawful for any person within two miles of the place where any religious society shall be actually assembled for religious worship to expose to sale or gift any ardent or distilled liquors, or keep open any huckster shop in any other place, inn, store, or grocery, than such as shall have been duly licensed, and in which such person shall have usually resided or carried on business. (Ib.)

§851. It is likewise made unlawful for any person within the distance of two miles of any such religious assemblage to exhibit any shows or plays, unless the same shall have

been duly licensed by the proper authorities; or to promote, aid, or be engaged in any racing of any animals; or in gam ing of any description; or to obstruct the free passage of any highway to any place of public worship within the distance aforesaid. (Ib.)

§ 852. Any person violating any or either of these provisions of the statute, 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 offense shall be committed; and, on such conviction, the guilty person forfeits a sum, not exceeding twenty-five dollars, for the benefit of the poor of the county. (Ib., Sec. 65.)

§ 853. It is made the duty of all sheriffs and their depu ties, coroners, marshals, constables and other peace officers, who may be present at the meeting of any assembly for religious worship, which shall be interrupted or disturbed in the manner prohibited, to apprehend the offender, and take him before some justice of the peace or other magistrate authorized to act and convict in such cases, to be proceeded against according to law. In these proceedings it is not necessary that process should actually issue against the person complained of. It is competent to a defendant voluntarily to appear and answer the complaint. (Ib., Sec. 66; Foster v. Smith, 10 Wend. 377.)

§854. The statute further provides that all judges, mayors, recorders, aldermen and justices of the peace, within their respective jurisdictions, upon their own view of any person offending against the provisions of the statute, may order the offender into the custody of any of the officers before named, or of any official member of the church or society so assembled or disturbed, for safe keeping until

he shall be let to bail, or trial be had for such offense. (Ib., Sec. 67.)

§ 855. As before stated, no warrant is indispensably neces sary in such cases, but a warrant may of course be issued, and, if one should be issued, it is not necessary to state in it the circumstances which gave the magistrate jurisdiction; they may be witnessed by the magistrate, or stated on the oath of the complainant; and in case an action should be brought against the magistrate causing the arrest, for false imprisonment, the circumstances may be shown aliunde. If the offense is not committed within the view of the magis trate, or the offender were not taken in the act and 'brought before the magistrate, a regular complaint should be made on oath, and a warrant issued for the arrest and bringing the person before the court for trial. (Atchinson v. Spencer, 9 Wend. 62.)

§856. Any person complained of for any or either of the offenses aforesaid, before the court shall proceed to investigate the merits of the cause, may demand of the court that he be tried by a jury; and thereupon it is made the duty of the court to issue a venire to any constable of the county, or marshal of the city where the offense is to be tried, commanding such officer to summon the same number of jurors, and in the same manner, as is prescribed for the summoning of jurors before courts of special sessions, and the jury must be impaneled for the trial of the cause in the same manner, and subject to the same rules and regulations prescribed for trials by jury in courts of special sessions. (Laws of 1834, Ch. 78, Sec. 1; 4 Stat. at Large, 44.)

§ 857. Should any person convicted of any of the offenses prohibited not immediately pay the penalty incurred, with the costs of the conviction, or give security to the satisfac

tion of the officer before whom the conviction may be had, for the payment of the said penalty, and costs, within twenty days thereafter, he must 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. (1 R. S., Part 1, Chap. XX, Sec. 68; 1 Stat. at Large, 628.)

§ 858. In prosecutions for these offenses, the like fees are allowed and taken as in civil cases or suits before justices of the peace, including the costs consequent upon a trial by jury, where a jury trial is had, which must be paid by the party offending, over and above the penalties incurred, except in case of the imprisonment of the offender; and in such case no charges or fees are allowed; and in no case can the costs and fees allowed exceed five dollars over and above the costs of a jury trial. (Ib., Sec. 77; 1 Stat. at Large, 630; Laws of 1854, Ch. 78, Sec. 2; 4 Stat. at Large, 44.)

§ 859. Whenever any of the offenses aforesaid happen in the presence of any officer before whom such offenses are triable, such officer is required to cause the offender to be brought before him, and to proceed summarily to inquire into the facts; and in all cases where the offender is found guilty, a record of conviction must be made and signed by such officer before issuing any process to enforce the same; and the conviction will be final, and can not be re-examined upon the merits in any court. The usual method of getting the offender before the magistrate for trial in such case, is to order such offender into the custody of an officer as hereinbefore specified, for safe keeping until he can be tried. (1 R. S., Part 1, Ch. 20, Sec. 73; 1 Stat. at Large, 73; Farrell v. Warren, 3 Wend. 237, 253.)

§ 860. In a case where a person was convicted before a [Tr.]

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