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CHAPTER 41.

When board to grant license to

TITLE IX. township, city or village, shall be prohibited from granting any license for the sale of intoxicating liquors, during the year then next ensuing. SEC. 29. If, upon such canvass, it should be ascertained that a maevery applicant jority of the votes thus cast were inscribed with the word " License," then the township, village, or city authorities, as the case may be, shall grant licenses for the sale of distilled and fermented liquors, and for taverns, inns, groceries and victualling houses, to every applicant of good moral character.

of good moral character.

Who to sue for penalties and forfeitures.

How recovered

&c.

SEC. 30. It shall be the duty of the supervisor of each township, and the corporate authorities of each city and village, to prosecute for all violations of the provisions of this chapter coming to his or their knowledge, or when complaint of any such violation shall be made by any legally qualified voter; and for every refusal or neglect of such supervisor or corporate authorities so to prosecute, he or they shall forfeit and pay the sum of twenty-five dollars.

SEC. 31. All penalties and forfeitures imposed or prescribed in or and appropriated by this chapter, may be recovered in an action of debt, and when prosecuted for by a supervisor, shall be so prosecuted in the name of such supervisor, for the use of the township where said act or acts shall have been violated; and such penalties and forfeitures when incurred for any acts done in any incorporated city or village, may be recovered by suit brought in the corporate name of the city or village in which the act was done whereby such penalty or forfeiture was incurred; and such suit may be instituted before any justice of the peace in the township, city or village in which such act was done, or in any adjoining township, city or village; and the net proceeds of all moneys recovered for a violation of any provision or provisions of this chapter, when collected by such township, city or village, shall be paid into the treasury of such township, city or village, and shall be appropriated to the support of common school libraries in such township, city or village. Any person, resident in such township, city or village, may institute a suit for any such penalty or forfeiture, in the name of such supervisor, city or village, in manner aforesaid, first giving se curity to the satisfaction of the justice of the peace before whom the suit shall be brought, for the payment of any costs which may be recovered against the plaintiff, and in such case the plaintiff named in the suit, shall not be liable to execution for any costs in such suit; and no suit shall be brought, nor shall any execution be issued against such plaintiff therefor.

Pleadings and proofs.

SEC. 32. The declaration in any suit instituted to recover any penalty or penalties, forfeiture or forfeitures, incurred as aforesaid, may be in the following form, to wit:

"A. B. complains of C. D. and says, that said C. D. justly owes to him, the said A. B., the sum of one hundred dollars for certain penalties and forfeitures which the said C. D. has incurred and is justly liable to pay, by reason that said C. D. did, on the in the year divers times between said day and the

of

in the year

not exceed thirty days,) at

day

and at

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day of

(which time shall , (insert the township,

city or village, in which the act was done,) in the county of
do and commit certain acts in violation of the laws
of this state, touching the sale of wine and spirituous liquors, and
therefore the said A. B. brings his suit." And the defendant may

"The said C. D. is not plead thereto in the following form, to wit: indebted to said A. B. as above alleged." And under such declaration, evidence may be given of any violation of any provision or provisions of this chapter, and under such plea the defendant may offer any competent testimony to show that he has not done or committed any such violation of the provisions of this chapter.

TITLE IX.

CHAPTER 42.

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bastard child,

thereon.

SECTION 1. When any woman who has been delivered of a bastard Complaint child, or is pregnant with a child, which, if born alive, may be a bastard, against father of shall make a complaint to any justice of the peace, and shall desire to and examination institute a prosecution against the person whom she accuses of being the father of the child, the justice shall take her accusation and examination, in writing, under oath, respecting the person accused, the time when and place where the complainant was begotten with child, and such other circumstances as the said justice shall deem necessary, for the discovery of the truth of such accusation.

Justice may is.

proceedings

thereon

SEC. 2. The said justice may issue his warrant against the party accused, which may be executed in any part of this state, and after sue warrant, hearing him in his defence, may require him to enter into recognizance with one or more sureties to the satisfaction of the justice, in such sum as he may deem necessary, not less than one hundred nor more than five hundred dollars, upon condition to appear and answer to the said complaint at the next term of the circuit court for the county, and to abide the order of the court thereon, and may order him to be committed until he shall enter into such recognizance; and on the trial of the issue before the court, the examination taken as aforesaid shall be given in evidence.

circuit court.

SEC. 3. If, at the next term of the said court, the complainant shall Proceedings in not have been delivered, or shall not be able personally to attend, or if there shall be any other sufficient reason therefor, the court may order a continuance of the cause, from time to time, as they shall judge necessary, and such recognizance shall remain in force until final judgment: Provided, that if the sureties in such recognizance shall, at any term of said court, object to being any longer held liable, or if the court shall, for any cause, deem it proper, such court may order the defendant to enter into a new recognizance, with such sureties, and for such amount as they shall direct; and he shall stand committed until such new recognizance shall be entered into.

SEC. 4. Upon the trial of the cause, the woman making the com- Trial and judg plaint shall be admitted as a witness, unless she shall have been con- ment. victed of a crime which would by law render her incompetent as a witness in any other cause; and the issue to the jury shall be, whether the defendant is guilty or not guilty; and if the jury shall find him guilty, or if he shall admit the truth of the accusation, he shall be adjudged to be the father of such child, and shall stand chargeable with the maintenance thereof, with the assistance of the mother, in such manner as the court shall order.

TITLE IX.

CHAPTER 42.

Bond to secare performance of order, &c.

Relief of person imprisoned.

Still liable to 'action.

When superin

application for examination.

SEC. 5. Such person so adjudged to be the father of such child, shall give bond to the superintendents of the poor of the county, with sufficient sureties to the satisfaction of the court, to perform such order, and also to indemnify the county, which might be chargeable with the maintenance of such child; and he may be committed to prison until he shall give such bond; but if on such trial he shall be found not guilty, the court shall order that he be discharged; and in either case, the judgment of the court shall be final.

SEC. 6. Any man who shall have been imprisoned ninety days, for having failed to comply with the order of the circuit court, as provided in this chapter, shall have the benefit of the laws for the relief of poor prisoners committed on execution for debt, provided he shall procure the like notification of his intention to take the oath prescribed to poor debtors, to be served on the complainant if still living within this state, and also upon one of the said superintendents of the poor; such notification to be served at least thirty days before the time appointed for taking the oath.

SEC. 7. The mother of such child, and the said county superintendents respectively, may at all times after the liberation of such prisoner on taking said oath, recover by action of debt or on the case, any sum of money which ought to have been paid to them respectively by him in pursuance of such order of the court.

SEC. 8. If any woman shall be delivered of a bastard child, which teddents to make shall be chargeable, or likely to become chargeable to any county; or shall be pregnant of a child likely to be born a bastard and to become chargeable to any county; the superintendents of the poor of any county, or any of them, where such woman shall be, shall, upon application for aid in supporting such child by the mother thereof, apply to some justice of the peace of the same county to make inquiry into the facts and circumstances of the case.

Woman to be examined, and reputed father apprehended.

Warrant may be executed in any county.

Superintendents may compromise with father of bastard.

SEC. 9. Such justice shall examine such woman on oath respecting the father of such child, the time when and the place where she was begotten with child, and such other circumstances as the justice may deem necessary for the discovery of the truth; and shall thereupon issue his warrant to apprehend the reputed father; and the same proceedings shall be thereupon had, as if complaint had been made by such woman, as prescribed in the foregoing provisions of this chapter, and with the like effect.

SEC. 10. Any warrant issued for the apprehension of such reputed father, may be executed in any county in this state, in which the per son against whom the same issued may be found.

SEC. 11. The superintendents of the poor of any county in this state shall have power to make such compromise and arrangement with the putative father of any bastard child in such county, relative to the support of such child, as they shall deem equitable and just, and thereupon may discharge such putative father from all liability for the support of such bastard.

CHAPTER 43.

OF THE OBSERVANCE OF THE FIRST DAY OF THE WEEK, AND THE
PREVENTION AND PUNISHMENT OF IMMORALITY.

Observance of the First Day of the Week.

TITLE IX. CHAPTER 43.

week, &c.

SECTION 1. No person shall keep open his shop, ware-house or Shops, &c., not workhouse, or shall do any manner of labor, business or work, ex- to be kept open on first day of cept only works of necessity and charity, or be present at any dancing, or at any public diversion, show or entertainment, or take part in any sport, game or play, on the first day of the week; and every person so offending shall be punished by a fine not exceeding ten dollars for each offence.

travelers, &c.,

SEC. 2. No tavern keeper, retailer of spirituous liquors, or other Keepers of pubperson keeping a house of public entertainment, shall entertain any lic houses not to persons, not being travelers, strangers or lodgers in his house, on the entertain, except said first day of the week, or shall suffer any such persons on said on first day of day to abide or remain in his house, or in the buildings, yards, or orchards or fields appertaining to the same, drinking or spending their time idly, or at play, or in doing any secular business.

week.

section.

Sec. 3. Every person offending against any of the provisions of the Penalty for vio last preceding section, shall be punished by a fine not exceeding five lating preceding dollars for each person so entertained, or suffered so to abide or remain; and upon any conviction after the first, such offender shall be punished by a fine not exceeding ten dollars; and if convicted three times, he shall be afterwards incapable of holding a license; and every person so abiding or drinking shall be punished by a fine not exceeding five dollars.

SEC. 4. No person shall be present at any game, sport, play or pub- Public diversions lic diversion, or resort to any public assembly, excepting meetings for &c. religious worship or moral instruction, or concerts of sacred music, upon the evening of the said first day of the week; and every person so offending shall be punished by a fine not exceeding five dollars for each offence.

cess not to be

SEC. 5. No person shall serve or execute any civil process from Between what midnight preceding, to midnignt following the said first day of the hours civil pro. week; but such service shall be void, and the person serving or exe- executed. cuting such process, shall be liable in damages to the party aggrieved, in like manner as if he had not had any such process.

ings.

SEC. 6. If any person shall, on the said first day of the week, by Disturbance of rude and indecent behavior, or in any other way, intentionally inter- religious mectrupt or disturb any assembly of people met for the purpose of worshipping God, he shall be punished by a fine not less than two, nor more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days.

Persons obrery

of week, not llable, &c.

Sec. 7. No person who conscientiously believes that the seventh day of the week ought to be observed as the Sabbath, and actually re- ing seventh day frains from secular business and labor on that day, shall be liable to the penalties provided in this chapter, for performing secular business or labor on the said first day of the week, provided he disturb no other person.

SEC. 8. For the purposes of the provisions of this chapter, the said What time infirst day of the week shall be understood to include all the time be- cluded in first tween the midnight preceding and the midnight following the said day of the week,

TITLE IX.

CHAPTER 43.

day; and no prosecution for any fine or penalty incurred under any of the preceding provisions of this chapter, shall be commenced after the expiration of three months from the time when the offence shall time for prosecu- have been committed.

Limitation of

tion.

Money, &c., lost

be recovered.

Gaming,

SEC. 9. If any person shall, by playing at cards, dice, or any other by betting, may game, or by betting on the sides or hands of such as are gaming, or by any betting whatever, lose to any person so playing or betting, any sum of money, or any goods whatever, and shall pay and deliver the same, or any part thereof to the winner, the person so paying or delivering the same, may sue for and recover such money, in an action for money had and received to the use of the plaintiff, and such goods, in an action of replevin, or the value thereof in an action of trover, or in a special action on the case.

When winner} subject to fine.

Oath of plaintifi and defendant.

Forfeiture for winning or losing

dollars.

SEC. 10. If the person so losing said money or goods, shall not, within three months after such loss, without covin or collusion, prosecute with effect for such money or goods, the winner to whom such money or goods shall have been so paid or delivered shall be subject to a fine not exceeding three times the value of such money or goods.

SEC. 11. In any suit to be brought by the person so losing any such money or goods, against the person receiving the same, when it shall appear from the declaration that the said money or goods came to the hands of the defendant by gaming, if the plaintiff shall make oath before the court in which such suit is pending, that the said money or goods were lost by gaming with the defendant as alledged in the declaration, judgment shall be rendered that the plaintiff recover damages to the amount of the said money or goods, unless the defendant will make oath that he did not obtain the same, or any part thereof by gaming with the plaintiff; and if he shall so discharge himself, he shall recover of the plaintiff his costs; but the plaintiff may, at his election, maintain and prosecute his action according to the usual course of proceeding in such actions at common law.

SEC. 12. Every person who shall win or lose, at any time or sitting, to value of five by gaming or betting on the hands or sides of such as are gaming, any money or goods, to the value of five dollars or more, whether the same be paid over or delivered, or not, shall forfeit and pay three times the value of such money or goods; provided that a prosecution shall be commenced therefor within six months after the committing of the offence.

Certain notes, mortgages, &c., how far void.

Lands in certain

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benefit of person

SEC. 13. All notes, bills, bonds, mortgages or other securities or conveyances whatever, in which the whole or any part of the consideration, shall be for any money or goods, won by playing at cards, dice, or any other game whatever, or by betting on the sides or hands of such as are gaming, or by any betting or gaming whatever, or for reimbursing or repaying any moneys knowingly lent or advanced for auy gaming or betting, shall be void and of no effect, as between the parties to the same, and as to all persons, except as to those who hold or claim under them in good faith, and without notice of the illegality of such contract or conveyance.

SEC. 14. Whenever any mortgage or other conveyance of land shall cases to enure to be adjudged void under the provisions of the preceding section, such who would be lands shall enure to the sole benefit of such person or persons as would entitled if grant be entitled thereto, if the mortgagor or grantor were naturally dead;

or, &c., were

dead.

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