Extent to

liable for em

of the number of ships and vessels, and to prevent any dis couragement to merchants and others from being interested and concerned therein: and whereas it has been held that owners of ships or vessels, are answerable for goods, wares, and merchandize, shipped on board the same, although the said goods, wares, and merchandize should be embezzled, lost or destroyed, by the masters or mariners of said ships and vessels, without the knowledge or privity of the owner or owners; by means whereof merchants and others may be discouraged from adventuring their fortunes, as owners of ships or vessels, which will necessarily tend to the prejudice of the trade and navigation of this State: Therefore, SEC. 8. Be it further enacted, That no person or persons which owners who is, are, or shall be owner or owners, in part or in whole, of vessels are of any ship or vessel shall be subject, or liable to answer for, bezzlement by or make good to any one or more person, or persons, any loss or damage, by reason of any embezzlement, secreting or making way with, by the master or mariners, or any of them, of any goods, wares, or merchandize, or any property whatsoever, which shall be shipped, taken in, or put on board any ship or vessel, or for any act, matter, or thing, damage, or forfeiture done, occasioned, or incurred by the said master or mariners, or any of them, without the privity or knowledge of such owner or owners, further than the value of the interest which such owner, or owners have, or had, at the time of such shipment in the ship or vessel, with all her appurtenances, and the full amount of his interest in the freight due, or to grow due, for and during the voyage wherein such embezzlement, secreting, or making way with, as aforesaid, or other malversation of the master or mariners, shall be made, committed, or done, any law, usage or custom to the contrary notwithstanding.

master or mar

iners.

Where vessel,

cargo and

SEC. 9. Be it further enacted, That if several freighters or proprietors of any such goods, wares, or merchandize, or freight are in any property whatever, shall suffer loss or damage, by any make compen- of the means aforesaid, in the same voyage, and the value of

to

sation, in case

of several the ship or vessel and all her appurtenances, and the amount freighters, or proprietors, of the freight due, or to grow due, during such voyage, shall what proceed not be sufficient to make compensation to all and every of them, then such freighter, or proprietor shall receive satis

ings are to be

bad.

Bill for discov

filed in Sup.

faction thereout in average, in proportion to their respective losses and damages: and in every such case, it shall, and may be lawful to and for such freighters, or proprietors, or any of them, in behalf of himself and all other such freighters and proprietors, or to, or for the owners of such ship or vessel, in behalf of himself and all the other part owners of such ship, or vessel, to exhibit a bill in the Supreme Judicial ery may be Court for a discovery of the total amount of such losses and Jud. Court, damages, and also of the value of such ship or vessel appurtenances and freight, and for an equal distribution and payment thereof, amongst such freighters and proprietors in proportion to their losses and damages, according to the rules. of equity and the said Supreme Judicial Court is hereby vested with full power and authority to entertain, hear, determine, and decree, in such cases, in the same manner as Courts of equity would have authority to do.

Charterer

to

as owner with

case.

SEC. 10. Be it further enacted, That the charterer of any vessel (in case he shall navigate such vessel at his own be considered expense) shall be considered the owner; within the meaning in the meaning of this act; and, in case any loss or damage shall happen to of this Act, in any person or persons, by any of the causes or circumstances, mentioned in the eighth Section of this Act, and such loss or damage shall be compensated from the freight, or the proceeds of the sale of such vessel, or both, in manner as herein before provided; then the owner or owners of such vessel or vessels shall have a right to recover the value of such vessel or vessels, of the person, or persons, to whom such vessel or vessels shall have been chartered, as aforesaid. [Approved Feb. 27, 1821.]

CHAPTER XV.

An Act to protect the Sepulchres of the Dead.

SEC. 1. BE it enacted by the Senate and House of Repre

Punishment for digging up

dead bodies;

sentatives in Legislature assembled, That if any person, not being authorized by the Board of health, or the Selectmen of or removing any town in this State, shall knowingly and wilfully dig up, remove or carry away, or aid or assist in digging up, remov

for concealing any such body.

Proviso.

Fines, how to

ing or carrying away any human body, or the remains there. of, such person or persons, so offending, shall, on conviction of such offence, in the Supreme Judicial Court of this State, be imprisoned not more than one year, or fined, not more than one thousand dollars, according to the nature and aggravation of the offence.

SEC. 2. Be it further enacted, That if any person or per. sons knowingly and wilfully receive, conceal, or dispose of any human body, or the remains thereof, which shall have been dug up, removed, or carried away in the manner described in the first Section of this Act, he or they shall be subject to the same forfeitures and penalties, as in said Section is provided, on conviction thereof in the Court afore. said: Provided however, That nothing in this Act shall be so construed as to affect the power or authority in the Courts of the United States, or of this State, or of any person acting under the authority of the same, in removing or disposing of the bodies of persons executed pursuant to any sentence of such Court.

SEC. 3. Be it further enacted, That all fines, accruing be appropriat under this Act, shall enure, one half to the informer, and one half to the town in which the offence is committed.

ed.

Punishment

CHAPTER XVI.

An Act to prevent the arrest of Dead Bodies.

Be it enacted by the Senate and House of Reprefor taking dead sentatives, in Legislature assembled, That if any Sheriff, mesne process Coroner or Constable, shall take the body of any deceased

bodies on

or execution.

person, by virtue of any writ, on mesne process or execution, upon conviction of such offence, before the Supreme Judicial Court, or the Circuit Court of Common Pleas, within the County, in which such offence shall have been committed, he shall be fined not more than five hundred dollars, or imprisoned for a time not exceeding six months.

[Approved March 10, 1821.]

CHAPTER XVII.

An Act to prevent Routs, Riots, and Tumultuous Assemblies, and to suppress In

surrections.

and unlawful assemblies.

when com

Justice, or

SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That if any number of per- Routs, riots sons of twelve or more shall be unlawfully, riotously, or tumultuously assembled, and shall not immediately disperse themselves, after having been by any Sheriff, Deputy Sher- to disperse iff or Justice of the Peace of any County, or any Constable manded by a of any Town, commanded so to do, in the name of this State, Sheriff, &c. each and every person of such assembly shall be punished Punishment by solitary imprisonment, not exceeding one year, and after- for disobedi wards be confined to hard labour for a term, not exceeding ence. one year, or fined in a sum, not exceeding five hundred dollars, to the use of this State; any or all of the above punishments, according to the aggravation of the offence.

struct the ex

SEC. 2. Be it further enacted, That if any person or persons shall disguise himself or themselves, with intention to Punishment obstruct the execution of the laws of this State, or to intimi- for being disguised with date or interrupt any Sheriff, Deputy Sheriff, Surveyor or oth- intent to ober person, in the legal discharge of any office or appointment, ecution of the under the laws of this State, every such person so disguised date officers & shall, on conviction, be fined in a sum, not exceeding five others. hundred dollars, or be imprisoned, not exceeding one year, or both, according to the aggravation of the offence.

laws-intimi

surrection

the

SEC. 3. Be it further enacted, That whenever an insurrec- In case of Intion shall have taken place, in this State, to obstruct the Governor may course of Justice, or the duc execution of the laws, the Gov- call out militia. ernor of this State is hereby empowered to detach, and call into actual service, such part of the Militia of the State, as. in his opinion, shall be adequate to suppress the same.

[Approved March 5, 1821.]

given for mon

ey

won by

gaming declared void.

CHAPTER XVIII.

An Act to prevent Gaming for Money or other Property.

SEC. 1. BE it enacted by the Senate and House of Repres sentatives, in Legislature assembled, That all notes, bills, All securities bonds, judgments, mortgages, or other securities or conveyances, given, granted, drawn, entered into, or executed by any person or persons whatsoever, where the whole, or any part of the consideration of such conveyances or securities, shall be for any money, or other valuable thing, won by gaming or playing at cards, dice or any other game or games, or by betting on the side or hands of any person gaming, or for the reimbursing or repaying any money, knowingly lent or advanced for any gaming or betting, or lent and advanced, at the time and place of such play, to any person or persons, so gaming or betting, or that shall, during such play, so play or bet, shall be void and of no effect; and that where such mortgages, securities or other conveyances, shall be of lands, tenements or hereditaments, or shall be such as incumber or affect the same, such mortgages, securities or other conveyance shall enure, and of real estate be to the sole use and benefit of such person or persons, as shall enure to should or might have, or be entitled to such lands, tenethe same uses ments, or hereditaments in case the said grantor or grantors as if the grantor were dead. thereof, or the person or persons so incumbering the same, had been naturally dead; and that all grants or conveyances to be made for the preventing of such lands, tenements or hereditaments from coming to, or devolving upon such person or persons, hereby intended to enjoy the same, as aforesaid, shall be deemed fraudulent, void, and of no effect.

Conveyances

given as above

Persons losing money, &c. by

SEC. 2. Be it further enacted, That any person or pergaming may sons, who shall at any time, or sitting, by playing at cards, er the same of dice, or any other game or games, or by betting on the sides

sue and recov

the persons

winning.

or hands of such as do game, lose to any one or more person or persons, so playing or betting, any sum or sums of money, or any other valuable thing, and shall pay or deliver the same, or any part thereof, the person or persons, so losing and paying, or delivering the same, shall be at liberty to sue for and recover the money or goods, so lost and paid