or delivered, or any part thereof, or damages to the full value of the same, from the respective winner or winners thereof, with costs of suit, by action to be commenced within three months next after the losing, paying or delivering the same, in which it shall be sufficient for the plaintiff to allege, in an action of assumsit, that the defendant had received, to the plaintiff's use, the money so lost and paid; and in an action of trover for the goods so lost and delivered, that they came to the hands of the defendant, without men tioning in the declaration the particular manner and occa. sion of the goods or monies being lost; and in case the per- In case the son or persons, who shall lose such money or other thing shall not, withperson losing as aforesaid, shall not, within the time aforesaid, really and in 3 months, truly without cover or collusion, sue, and with effect prose- same, any cute, for the money or other thing, so by him or them lost may recover and paid or delivered, as aforesaid, it shall and may be law- treble the valful to and for any person or persons to sue for and recover treble the value of the money, goods or chattels, with full costs of suit, by action of debt upon this statute, against such winner or winners as aforesaid, one moiety thereof to the use of the person or persons, that will sue for the same, and the other moiety to the use of the poor of the town where the offence shall be committed.

sue for the

other person

ue.

ning at dollars or

one

ceiving the

or se

SEC. 3. Be it further enacted, That any person who shall Persons conbe convicted, on an indictment of the Grand Jury, before victed of win the Circuit Court of Common Pleas, or the Supreme Judi- sitting three cial Court, of winning, at any one time or sitting, of any per- more and reson or persons, by gaming or betting as aforesaid, in mon- same, ey, goods or chattels to the value of three dollars or up- shall forieit wards, and of receiving the same or security therefor, shall double the forfeit double the amount or value of the money, goods or chattels, so won and received, to the poor of the town, where the offence is committed.

curity for it,

amount.

against per

ducted.

SEC. 4. Be it further enacted, That in suits brought by Suits brought the person losing money, goods or chattels against the per- sons winning son winning the same, when it shall appear from the declar- how to be conation, that the goods, said to be lost, came to the hands of the defendant by gaming; or the money he had received was by gaming, then and in such case, if the plaintiff shall offer to make oath, and if required by the Court, where the trial

Proviso.

Penalty for playing at

cards, dice or

any house of

is, shall actually swear to the losing the money, goods or chattels, by gaming with the defendant, at the time and place alleged, judgment shall be rendered for the plaintiff to recover damage, to the amount of the goods or money the defendant has received of the plaintiff, by gaming, with costs of suit, unless the defendant will swear that he did not receive of the plaintiff the money, goods or chattels for which he is sued, or any part of them by gaming; and when the defendant discharges himself on oath as aforesaid, he shall recover of the plaintiff his reasonable costs: Provided nevertheless, That nothing in this Act shall be so construed, as to prevent the supporting and proving any declarations, on the aforesaid actions, in the same manner as other declarations are proved, but it shall be considered as optional with the plaintiff either to proceed in proving his declaration, in the way specially provided in this Act, or in the same way other declarations are proved; any thing herein to the contrary notwithstanding.

SEC. 5. Be it further enacted, That if any person shall play at cards, dice or billiards, or with any other implements billiards at used in gaming, in any tavern or house of entertainment, or entertainment. place licensed for retailing spirituous liquors, or in any of the out houses, yards, gardens, or appendages of the same, or shall in any of the houses, or licensed places aforesaid, expose to view any of the implements aforesaid, or shall be seen sitting at any table therein, with any of the said implements before him, and shall be convicted thereof before any Justice of the Peace, or any Circuit Court of Common Pleas, on the presentment of a Grand Jury, the person so offending shall forfeit and pay a sum, not less than one, nor more than ten dollars, to the use of the poor of the town where the of fence shall be committed.

[Approved January 27, 1821.]

:0:

CHAPTER XIX.

An Act for the restraining the taking of excessive Usury.

SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That no person or per

shall take

more than at

the rate of six per cent. inter

bonds, mort

gages, &c. to

sons upon any contract hereafter made, shall take, directly No person or indirectly, for loan of any monies, wares, merchandise or any other commodities above the value of six dollars, for the forbearance of one hundred dollars for a year, and so after est. that rate for a greater or lesser sum, or for a longer or shorter time; and that all bonds, contracts, mortgages and assur- Usurious ances made for the payment of any money lent, or covenanted to be lent, upon or for usury, whereupon or whereby be void. there shall be reserved or taken above the rate of six dollars in the hundred as aforesaid, shall be utterly void; and that any person or persons, who shall upon any contract, take, accept and receive, by way and means of any corrupt bargain, loan or exchange, or by covin or deceitful conveyance, or by any other ways or means, for the forbearing or giving day of payment for one whole year, of and for their money, or other thing or things above the sum of six dollars for the forbearing of one hundred dollars for a year; so after that rate for a greater or lesser sum, or for a longer or shorter time, shall forfeit and lose for every such offence the full value of the goods and monies, or thing or things so lent, exchanged, bargained, sold, or agreed for, to be recovered Penalty and by indictment or action of the case, one moiety thereof to the mode of reuse of this State, and the other moiety to him or them, who prosecutes for the same, any law to the contrary notwithstanding.

covery.

usurious se

may prove the

oath,

SEC. 2. Be it further enacted, That when any person or In suits on a persons shall be sued on any bond, contract, mortgage or curity, assurance for the payment of any monies, wares, merchan- Defendant dise or other commodities, whereby or wherein any sum is usury by his given, secured or taken for the forbearing or giving day of payment for a longer or shorter time, then, if the creditor be alive, and the debtor or debtors shall come into Court, where the said cause is to be tried, and shall offer to make oath, and if required by the Court, shall actually swear to the same, that there is taken, reserved or secured by such bond, contract or assurance, above the rate of six dollars in the hundred, for the forbearance of the property actually lent or sold, whether it be in money or other things, for one year, and so after that rate for a greater or lesser sum, or for a longer or shorter time, or that the creditor or creditors have received more than at the rate of six dollars in the hun

unless creditor will swear

not usurious.

dred, for the loan or forbearance of the monies or other things actually lent or sold; such bond, contract, mortgage or assurance shall be utterly void; and the debtor fully and absolutely discharged from the payment of any monies, goods or other things lent, exchanged, bargained, sold or agreed for as aforesaid, unless the creditor or creditors will swear that he, she or they have not, directly nor indirectly, wittingly taken or received more than after the rate of six the security is dollars in the hundred, for forbearance or giving day of payment; and by such bond, contract, mortgage or assur ance, there is not reserved, secured or taken more than after the rate of six per centum, for forbearance or giving day of payment, for the goods, monies, or other things actually lent or sold, any law, usage or custom to the contrary notThis act not withstanding: Provided, nothing in this Act shall extend to to extend to letting of cattle, or other usages of the like nature in practice amongst farmers, or maritime contracts among merchants, as bottomry, insurance, or course of exchange, as hath heretofore been practised.

certain con

tracts.

[Approved March 20, 1821.]

-00

No Attorney,

CHAPTER XX.

An Act to prohibit certain Officers of Courts from buying Promissory Notes and other demands, for the purpose of making a gain or profit in the collection thereof.

Be it enacted by the Senate and House of Repre

sentatives, in Legislature assembled, That if any person shall, Justice, Sheriff, with an intent thereby to procure himself to be retained as an Constable to Attorney, or employed as a Justice of the Peace, Sheriff, loan or ad- Deputy Sheriff, Coroner or Constable, in the collection of

Coroner or

vance money,

demands for

&c. to obtain any note, account or other demand whatever, by a suit at law, suit or collec- or with an intent thereby to procure and obtain any promis

tion, with in

&c.

tent thereby to Sory note, account, or other demand for the purpose of making make profit, to himself any gain or profit from the writs or fees, arising in the collection thereof, by a suit at law, directly or indirectly loan or advance any sum or sums of money; or shall promise to loan or advance any sum or sums of money; or shall forbear and give day of payment; or shall promise to forbear and give day of payment of any sum of money due on

Punishment:

any demand left with such person to be by him collected; or shall pay or assume to pay any debt of any person whatever; or shall purchase any goods or chattels, or shall give or promise any valuable consideration whatever, with an intent thereby to procure and obtain any promissory note, account or other demand, for the purpose of making to himself any gain or profit, from the writs or fees arising in the cob lecting thereof, by a suit at law; every person so offending shall forfeit and pay a sum, not more than five hundred, nor less than twenty dollars, for each and every offence, to be recovered by indictment in the Supreme Judicial Court; in which case the forfeiture shall enure to the State; or by action before any Court, proper to try the same; in which of penalty. case the forfeiture shall accrue, one moiety to him or them, who shall first sue and prosecute for the same, and the other moiety to the use of the County where such action may be prosecuted.

[Approved February 19, 1821.]

Appropriation

-00

CHAPTER XXI.

An Act to prevent Bribery and Corruption.

SEC. 1. BE it enacted by the Senate and House of Repre- Penalty for sentatives, in Legislature assembled, That if any person shall giving a bribe: directly or indirectly, give or engage to pay, any sum of money, or other valuable consideration to another, in order to induce such other person to procure for him, by his interest, influence or any other means whatsoever, any office or place of trust, within this State, and be thereof convict, shall forfeit a sum not exceeding three hundred dollars, nor less than fifty dollars, at the discretion of the Court which shall have cognizance of the same; and be rendered forever after incapable of sustaining any office or place of trust, within this State.

ceiving a

SEC. 2. Be it further enacted, That if any person shall Penalty for re receive of another, any sum of money or other valuable bribe. consideration, as a reward for procuring or to procure any office or place of trust within this State, for any other per