luay 306 4/5218622 252 1665 Whealed. e pearsia 1864 ew 679. fif Prohibition of R. S. 50, § 1. 2 Cush. 556. 10 Cush. 257. of travelling. Persons keep- other than trav 1844, 160, § 1. SECTION OBSERVANCE OF THE LORD'S DAY. CHAPTER 84. OF THE OBSERVANCE OF THE LORD'S DAY. 1. Prohibition of labor, &c., except works of 2. of travelling, except, &c. 3. Persons keeping places of entertainment, 4. Prohibitions as to Saturday and Sunday 5. Innholders not to entertain persons on SECTION [CHAP. 84. 6. Writs, &c., not to be served on Lord's day. 9. Provisions for persons who observe Satur- 10. Prosecutions when to be instituted. 12. "Lord's day," what it includes. SECTION 1. Whoever keeps open his shop, warehouse, or workhouse, or does any manner of labor, business, or work, except works of necessity and charity, or is present at any dancing or public diversion, show, or entertainment, or takes part in any sport, game, or play, on the Lord's day, shall be punished by a fine not exceeding ten dollars for every Fifty ch 143 1863. offence. SECT. 2. Whoever travels on the Lord's day, except from necessity or charity, shall be punished by fine not exceeding ten dollars for every offence. SECT. 3. Whoever keeping a house, shop, cellar, or place of public entertainment, or refreshment, entertains therein on the Lord's day any persons not being travellers, strangers, or lodgers, or suffers such persons on said day to abide or remain therein, or in the yards, orchards, or fields, appertaining to the same, drinking, or spending their time idly or at play, or in doing any secular business, shall be punished by fine not exceeding five dollars for each person so entertained or suffered so to abide and remain; and upon any conviction after the first, by fine not me hunde hay 308 exceeding ten dollars; and if convicted three times, he shall thereafter Prohibitions as Innholders not persons on Sat day evenings, be incapable of holding a license; and every person so abiding or drink ing shall be punished by fine not exceeding five dollars. SECT. 4. Whoever is present at a game, sport, play, or public diversion, except a concert of sacred music, upon the evening of the Lord's day, or upon the evening next preceding the Lord's day, unless such game, sport, play, or public diversion, is licensed by the persons or board authorized by law to grant licenses in such cases, shall be punished by fine not exceeding five dollars for each offence. SECT. 5. No person licensed to keep a place of public entertainment shall entertain or suffer to remain or be in his house, yard, or other places urday or Sun- appurtenant, any persons, not being travellers, strangers, or lodgers, in such house, drinking and spending their time there, on the Lord's day, or the evening preceding the same; and every such innholder or other person so offending shall be punished by fine not exceeding five dollars for each offence. R. S. 50, § 6. Writs, &c, not Lord's day. SECT. 6. No person shall serve or execute any civil process on the to be served on Lord's day; but such service shall be void, and the person serving or executing such process shall be liable in damages to the party aggrieved in like manner as if he had no such process. R. S. 50, § 7. Penalty for R. S. 50, § 9. SECT. 7. Whoever on the Lord's day, within the walls of any house of public worship, behaves rudely or indecently, shall be punished by fine not exceeding ten dollars. SECT. 8. All sheriffs, grand jurors, and constables, shall inquire into and inform of all offences against the preceding provisions of this chap ter, and cause the same to be carried into effect. 559 persons who SECT. 9. Whoever conscientiously believes that the seventh day of Provision for the week ought to be observed as the Sabbath, and actually refrains observe Saturfrom secular business, travel, and labor, on that day, shall not be liable day as the Sab to the penalties of this chapter for performing secular business, travel, or R. S. 50, § 10. labor, on the Lord's day, or first day of the week: provided, that he dis- 3 S. & R. 48. turbs no other person. bath. SECT. 10. Prosecutions for penalties incurred under the preceding Prosecutions provisions of this chapter shall be instituted within six months after the when to be inoffence is committed." stituted. Penalty on inn- holders, &c., gaming to be R. S. 47, § 9. 1845, 211. SECT. 11. Any innholder, common victualler, or person, keeping or suffering to be kept in any place occupied by him, implements such as are used in gaming, in order that the same may for hire, gain, or reward, be used for purposes of amusement, who on the Lord's day uses or suffers to be used any implements of that kind upon any part of his premises, day &c. shall for the first offence forfeit a sum not exceeding one hundred dollars, R. S. 50, § 17. or be imprisoned in the house of correction not exceeding three months; and for every subsequent offence shall be imprisoned in the house of correction for a term not exceeding one year; and in either case shall further recognize, with sufficient sureties, in a reasonable sum for his good behavior, and especially that he will not be guilty of any offence against the provisions of this section, for the space of three months then next ensuing. 1854, 450, § 1. SECT. 12. The Lord's day shall include the time from midnight to "Lord's day," midnight. what it in- 1844, 160, § 2. 3 allen Persons losing 1852, 312. 3 Pick. 446. SECTION 1. Whoever by playing at cards, dice, or other game, or by betting on the sides or hands of such as are gaming, loses to any person so playing or betting any sum of money, or any goods whatever, and pays or delivers the same or any part thereof to the winner, may sue for and recover such money and goods in an action of contract; and if the loser does not within three months after such loss, without covin or collusion, prosecute with effect for such money or goods, any other person may sue for and recover treble the value thereof in an action of tort. SECT. 2. The owner, tenant, or occupant, of any house or building Owner of gamin which money or goods are lost by gaming, or by betting on the sides ing house liable or hands of such as are gaming, with the knowledge or consent of said in certain cases. owner, occupant, or tenant, shall be liable to an action in the same man- 3 Cush. 448. ner and to the same extent as the winner thereof is liable by the provisions of the preceding section. for money lost winning, &c., SECT. 3. Whoever, on a prosecution commenced within eighteen Penalty for months after the commission of the offence, is convicted of winning at 5 or more. one time or sitting, by gaming or betting on the sides or hands of such R. S. 50, § 14. as are gaming, any money or goods to the value of five dollars or more, 1858, 45. 1839, 135. Notes, convey- Penalty on inn- ments for gam ing for money, and of receiving the same or any security therefor, shall forfeit double the value of the money or goods so won and received. SECT. 4. All notes, bills, bonds, mortgages, or other securities or conveyances, in which the whole or part of the consideration is money or goods won by gaming or playing at cards, dice, or any other game, or by betting on the sides or hands of persons gaming, or for reimburs ing or repaying money knowingly lent or advanced for gaming or betting, or lent and advanced at the time and place of such gaming or betting to a person so gaming or betting, shall be void and of no effect as between the parties to the same, and as to all persons except such as hold or claim under them in good faith and without notice of the illegality of the consideration. When a mortgage or other conveyance of lands is adjudged void under the provisions of this section, the lands shall inure to the sole use and benefit of such person as would be then entitled thereto if the mortgagor or grantor were naturally dead; and all grants or conveyances for preventing such lands from coming to or devolving upon the person to whose use and benefit said lands would so inure, shall be deemed fraudulent and of no effect. SECT. 5. Every innholder, common victualler, or person, keeping or suffering to be kept, in any place occupied by him, any implements such as are used in gaming, in order that the same may for hire, gain, or reward, be used for purposes of amusement, who suffers any implements of that kind to be used upon any part of his premises for the purpose of gaming for money or other property, or who suffers a person to play at an unlawful game or sport therein, shall for the first offence 3 Pick. 281, 300. forfeit a sum not exceeding one hundred dollars, or be imprisoned in R. S. 47, § 9. 3 Met. 130. 8 Met. 232. 9 Met. 572. 3 Cush. 279. the house of correction for a term not exceeding three months; and for every subsequent offence shall be imprisoned in the house of correction See Ch. 84, § 11. for a term not exceeding one year; and in either case shall further recognize, with sufficient sureties in a reasonable sum, for his good behavior, and especially that he will not be guilty of any offence against the provisions of this chapter, for three years then next ensuing. SECT. 6. Whoever in any place mentioned in the preceding section purpose of gaming for money or other property, uses or takes Porn part in using any billiard table, bowling alley, or other implements of gaming, or there plays at an unlawful game or sport, or, for the purpose of such gaming, uses or takes part in using a billiard table or bowling alley kept by a person licensed as provided in chapter eighty-eight, shall forfeit a sum not exceeding fifty dollars for each offence. Penalty for R. S. 47, § 10. Punishment for 1848, 315, § 1. for the SECT. 7. Whoever keeps a common gaming house, or in a building, booth, yard, or garden, by him actually used and occupied, commonly keeps or suffers to be kept any tables or other apparatus for the purpose of playing at any unlawful game or sport for money or any other 30 valuable thing, shall for every such offence forfeit a sum not exceeding one hundred dollars, and be committed to the house of correction for a term not exceeding six months and not less than thirty days; and shall also recognize with sufficient sureties in a reasonable sum for his good behavior, and especially that he will not be guilty of any offence against the provisions of this chapter for three years next ensuing. SECT. 8. If a person makes oath before a justice of the peace or police court that he suspects, or has probable cause to suspect, that a house or other building is unlawfully used as and for a common gaming house for the purpose of gaming for money or other property, and that idle and dissolute persons resort to the same for that purpose, such jus tice or court, whether the names of the persons last mentioned are known to the complainant or not, shall issue a warrant commanding the sheriff, or his deputy, or any constable, to enter into such house or building, and there to arrest all persons who are there found playing for money or otherwise, and also the keepers of the same, and to take into their custody all the implements of gaming as aforesaid, and to keep said persons and implements so that they may be forthcoming before some court or magistrate to be dealt with according to law; and whoever is there found so playing, shall forfeit for every such offence a sum not exceeding fifty dollars. ter, &c. SECT. 9. Whoever during, or within twelve hours of the time of Gaming at musholding, a cattle-show, military muster, or public gathering, within one 1853, 27, §§ 1, 2. mile of the place thereof, practises or engages in any gambling or unlawful game, shall forfeit for each offence a sum not exceeding twenty dollars. If he is discovered in the act, he may be arrested by any sheriff, deputy-sheriff, constable, or other civil officer, and lawfully detained, by imprisonment in jail or otherwise, not exceeding twenty-four hours, until a complaint is made against him for the offence. CHAPTER 86. OF THE MANUFACTURE, SALE, &c., OF INTOXICATING LIQUORS. Commissioner, &c. 1855, 470, § 1. 1858, 172, § 1. SECTION 49. Claimant of liquor may appear. Trial, 50. Certain liquors forfeited, to be delivered to 51. Liquors seized, if not kept,for sale, to be 52. Costs in such cases, and executions there on. 53. Persons claiming, &c., to have right of ap- 55. Persons illegally selling may be arrested 56. Public officers to arrest persons illegally SECTION 57. Persons convicted under this chapter to recognize, &c. 58. Cases under this chapter to take precedence in courts, &c. Nolle prosequi not to be entered, nor continuance granted, except, &c. 59. Recognizances to be put in suit within sixty days. 60. Liquors, &c., unlawfully kept, common nuisances. 61. Payment for liquor illegally sold to be without consideration, &c. Action for price of liquor so sold not maintainable, &c. 62. Officers executing warrants protected, &c. Penalty for neglecting to serve warrants, &c. 63. Forms of proceedings. COMMISSIONER. SECTION 1. The governor with the advice and consent of the council how appointed, shall annually appoint and commission a competent person as commissioner to purchase and sell spirituous and intoxicating liquors, of a pure quality, to the several city and town agents appointed under the provisions of this chapter, and to regularly appointed agents in cities and towns of other of the New England States, and to no other person. Such commissioner shall, unless sooner removed, hold his office for one year, and until his successor is appointed and qualified. to give bond. 1855, 470, §4. to keep place Boston, sell to agents, &c. Liquors to be analyzed. 1855, 470, § 2. ⚫ 1858, 172, § 2. SECT. 2. The commissioner, within ten days after being commissioned, shall file in the office of the treasurer of the commonwealth a bond to the commonwealth in the penal sum of twenty thousand dollars, with two or more good and sufficient sureties to be approved by the treasurer, for the faithful performance by him of the requisitions of this chapter. SECT. 3. He shall establish and maintain in the city of Boston a of business in suitable place of business, and shall purchase and sell to such agents, and to them only for the purposes in this chapter specified, spirituous and intoxicating liquors of a pure quality, and unadulterated with any mixture, or noxious or poisonous substance. All liquors kept for sale by him shall be analyzed by one of the state assayers at an expense not exceeding one per cent. of the cost of the liquor, to be paid by the commissioner; and he shall sell no spirituous or intoxicating liquors, except such as one of said assayers in writing certifies to be pure; and all analyzations of liquor shall be made from samples taken by the assayer from original packages purchased by the agent; and all liquors sold by said agent shall be certified by him to have been taken from packages so analyzed. His sales shall be made for cash, and at a price not exceeding an advance of five per cent. upon the actual cost, together with the cost of such analysis. to keep record of all purchases, all packages, &c. SECT. 4. He shall keep a record, in which shall be plainly and truly recorded all purchases and sales made by him, the names of the persons sales, &c., seal of and to whom, and the prices at which, the same were made; which record shall be at all times open to the inspection of the mayor and aldermen and selectmen of the cities and towns, and to the prosecuting officers of the commonwealth. All packages of liquors sold by him shall have his scal affixed thereto before delivery, and all liquors so purchased or sold and sealed may be transported from place to place. 1855, 470, § 3. penalty for adulterating, or selling to persons not agents, &c. 1855, 470, § 7. SECT. 5. If he adulterates or causes to be adulterated said liquors, or any thereof, or sells to persons other than those to whom he is authorized by section first of this chapter, or at an advance greater than five per cent. upon the cost as aforesaid, he shall forfeit to the commonwealth the amount of his bond and be imprisoned in the state prison not less |