any city or town corporate for ted within such city or town.

any such offense not commit. (Ib., Secs. 23, 24 and 25.)

§ 904. By the statutes of Pennsylvania it is made unlawful for any person or persons to erect, place or have any booth, stall, tent, etc., for the purpose of selling, giving or otherwise disposing of any kind of articles of traffic, spirituous liquors, wine, porter, beer, cider, or any other fermented, mixed or strong drink within three miles of any place of religious worship in the State, during the time of holding any meeting for religious worship at such place; and in case of violations of the act the offender is to be informed and proceeded against, and his articles, etc., forfeited in all respects as in the State of New Jersey; and the laws of Pennsylvania upon the subject are in all respects similar to those of New Jersey, as stated in sections eight hundred and ninety-five, eight hundred and ninety-six and eight hundred and ninety-seven, and the statement of such laws need not be repeated in this place. It is only necessary to refer to those sections for the exact law, substituting Pennsylvania for New Jersey. (Purdon's Digest, Ninth Edition, by Brightly,865, Secs. 4, 5, 6 and 7.)

§ 905. In addition to the provisions of the statute referred to in the last preceding section, in the State of Pennsylvania, it is also provided that if any person shall willfully and maliciously disturb or interrupt any meeting, society, assembly or congregation convened for the purpose of religious worship, such person shall, on conviction, be sentenced to pay a fine not exceeding fifty dollars, and suffer an imprison ment not exceeding three months, or both, or either, at the discretion of the court. (Ib., 222, Sec. 33.)

§ 906. By the fundamental law of the State of Ohio, it is declared that religion, morality and knowledge are essential

to good government, and it is therefore made the duty of the general assembly to pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship. (State Const. Art. I, Sec. 7.)

§ 907. In conformity with the constitutional requirement, it has been enacted by the general assembly of Ohio, that if any person or persons shall, at any time, interrupt or molest any religious society or any member thereof; or any persons when meeting or met together for the purpose of worship, or performing any duties enjoined on, or appertaining to them, as members of such society; the person or persons so offending shall be fined in any sum not exceeding twenty dollars; and any judge of the Court of Common Pleas, or justice of the peace, within the proper county, is empowered, authorized and required to proceed against and punish every person offending in such cases; and upon view and hearing, may, or on information given on oath or affirmation, must, if need be, issue his warrant to bring the body of the accused before him, and inust inquire into the truth of the accusation; and, if guilty, must enforce the penalty annexed to the offense; and the offender may be detained in custody, if the judge or justice think necessary, and committed until sentence be performed; and any religious society also has the right of laying hands upon the person or persons who may be disturbing the congregation, and turn him or them out of the church or place of worship. (1 R. S. of Ohio, 1860, Ch. 33, Sec. 186.

§ 908. It is also provided by the statutes of Ohio that no person shall sell, or expose for sale, give, barter or otherwise dispose of in any way, or at any place, any spirituous or other liquors, or any articles of traffic whatever, at or within the distance of two miles from the place where any religious society or assemblage of people are collected or collecting together for religious worship, in any field or woodland.

Though this provision is declared not to affect tavern keepers exercising their calling, nor distillers, manufacturers or others, in prosecuting their regular trades at their places of business, or of persons disposing of any ordinary articles of provision, excepting spirituous liquors, at their residences, nor any person having a written permit from the trustees or managers of any such religious society or assemblage, to sell provisions for the supply of persons attending such religious worship, their horses or cattle; such persons acting in conformity to the regulations of said religious assembly and to the laws of the State. (Ib., Sec. 216.)

§ 909. Any person found guilty of any such offense is made to forfeit and pay, for every such offense, a fine of not less than ten or more than one hundred dollars, into the township treasury, for the use of the common schools in the township where the offense was committed; and any judge of the common pleas, sheriff, coroner or justice of the peace of the county, or any constable thereof, must, upon view or information, and with or without warrant, apprehend any person so offending, and seize all such liquors or other arti cles of traffic, and the utensils or furniture containing them, and convey them before a justice of the peace; and the said justice, upon the complaint, under oath or affirmation, of said officer, apprehending such offender, or any person giving information, must issue his warrant of arrest, which must be formally served by the proper officer, and then proceed to inquire into the truth of said accusation, and, if found true, must proceed to bind said offender in such amount, not exceeding five hundred dollars, as he may deem proper, to answer at the next regular term of the common pleas in said county, to be proceeded with by indictment; the fine and costs to be collected as in other criminal cases. If the defendant or defendants plead guilty, the justice must affix the penalty and proceed to judgment; and, in such case,

he must immediately issue an execution against the property and body of the defendant or defendants for the fine and costs, unless paid or secured; and the defendant or defendants must not be discharged until the judgment and costs are fully paid or secured to be paid. (Ib., Sec. 217.)

§ 910. In any prosecution against any person or persons for a violation of the foregoing provisions of the statute of Ohio, if the defendant or defendants be acquitted, he or they may recover of the person or persons filing the complaint double the amount of his or their costs, which the justice is required to award. (Ib., Sec. 218.)

§ 911. The process and proceedings under the several statutes referred to in this chapter, may be framed from the forms given for similar proceedings in the State of New York, to which reference is made. (Ante, Secs. 864-872.)

CHAPTER LXVIII.

DISTURBING RELIGIOUS MEETINGS IN INDIANA, MICHIGAN, ILLINOIS, WISCONSIN, MINNESOTA, IOWA, KANSAS LAWS AND PENALTIES - HOW ENFORCED.

§ 912. In the State of Indiana it is provided that no person shall erect, bring, keep, continue or maintain any booth, tent, wagon, huckster shop or any other place for the sale of intoxicating liquors, cider, beer or other drinks, or for the sale of any other article whatever; nor sell or give away intoxicating liquors; nor sell any cider, beer or other drink, or any other article whatever, within two miles of any collection of any inhabitants of the State, met together for

worship; nor in any way interrupt, molest or disturb any such religious meeting, or any person present thereat, or any person going to or returning from such meeting, and any person offending against either of these provisions is liable to a fine of not more than fifty dollars, nor less than five dollars. (2 R. S. of Indiana, 1852, Chap. 6, Sec. 37, as amended by Laws of 1853, Ch. 67, Sec. 1.)

§ 913. It is, however, provided that the provisions referred to in the last preceding section shall not be construed to include such persons as may carry on their ordinary and regular business at their regular places of transacting the same; nor to such persons as may have the permission of those having charge of any such meeting to establish suitable places for the purpose of furnishing food for those attending the same, their horses and cattle. (Laws of 1853, Ch. 67, Sec. 2.)

§ 914. Willfully disturbing a religious meeting in Indiana is an indictable offense, and the indictment in such case may charge the defendant with disturbing both the religious society and its members; and on the trial, if he is found guilty of either, it is sufficient. It is not necessary to the existence of a society convened for public worship, that it be known by any distinctive or sectarian name; and in the indictment for disturbing such society in their worship, it is not necessary to state the name of the society. (The State v. Ringer, 6 Blackford's R. 109.)

§ 915. In the State of Michigan no person must willfully disturb, interrupt or disquiet any assembly of people met for religious 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; nor can any person within two