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hereby enacted by the authority of the same, That the amendment to the constitution of the United States, proposed by a resolution of the senate and house of representatives of the United States of America in congress assembled, to the legislatures of the several states, which proposed amendment is in the following words, viz.
“ If any citizen of the United States shall accept, claim, receive or retain any title of nobility or honor, or shall, without the consent of congress, accept and retain any present, pension, office or emolument of any kind whate. ver, from any emperor, king, prince or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them or either of them,”
Be, and the same is hereby, upon the part of this legislature, and in the name of this state, ratified and made a part of the constitution of the United States.
AN ACT to prevent Horse-Racing.
Passed February 15, 1811.
Sec. 1. BE IT ENACTED by the counsil and general assembly of this state, and it is hereby enacted by the authority of the same, That all racing, running, pacing or trotting of horses, mares or geldings, for money, goods
dictable. or chattels, or other valuable thing, shall be and hereby are declared to be common and public nuisances and offences against the state, and the authors, parties, contrivers and abettorg
Horses, &c, forfeited.
thereof shall be prosecuted and proceeded a gainst by indietnient.
2. And be it enacted, That each horse, mare or gelding, used or employed in any race on which any bet or wager is laid, or any purse or stakes made, shall thereby be liable to be forfeited to this state, and may at any time within six months thereafter be seized by any constable or overseer of the poor of the township in which such race shall have been run, or the sheriff or any of his deputies of the county in which such township is situate ; and in case of seizure as aforesaid, the officer so seizing shall make information against such horse, mare or gelding, to the next court of common pleas in such county, and such court shall proceed to hear and decide on such seizure, and in case such horse, mare or gelding, shall be judged forfeited, such court shall order a sale thereof at public vendue, and direct the avails (first deducting the charges of condemnation) to be paid to the collector of the county for the use of the state.
3. And be it enacted, That all wagers and bets which shall be laid, betted or made, on the racing, running, pacing or trotting, of horses, mares or geldings, and all promises, agreements, notes, bills, bonds, contracts, judgments, mortgages or other securities, or conveyances which shall be made, given, granted, drawn, entered into, or executed by any person or persons, where the whole or any part of the consideration thereof shall be for any money, goods, chattels, or other thing, won, ļaid or betted, on the racing, running, pacing or trotting of horses, mares or geldings, shall be utterly void and of none effect.
4. And be it enacted, That it shall and may
Bets, &c. yoid.
be lawful for any person who shall lose any Losses money, goods, chattels, or other valuable thing, covered on the racing, running, pacing or trotting of horses, mares or geldings, and shall pay or deliver the same or any part thereof to the winner, or other person for his use or in his behalf, to recover the same or the value from such winner, with costs, by action of debt, or on the case, in any court of record having cognizance thereof : Provided always, that such suit shall be instituted within six calendar months after such losing and payment or delivery as aforesaid.
5. And be it enacted, That if any person shall contribute or collect, or shall ask or desire any other to contribute or collect any Penalty money, goods or chattels, to make up a purse, up a purse. plate, or other thing, to be run, paced or trotted for as aforesaid at any place in this state, such person so oftending shall forfeit and pay the sum of thirty dollars for each offence. 6. And be it enacted, That if any person shall
Penalty for run any horses, mares or geldings, at any place running where ten persons or more shall have convened where no together, although no money, goods or chat-made. tels, or other valuable thing, shall be betted, wagered or laid thereon, or shall be aiding, assisting, or any way concerned therein, every person so offending shall forfeit and pay the sum of fifteen dollars for each offence.
7. And be it enacted, That if any person or persons shall let or rent his, her or their land, for letting for the
purpose of running, pacing, or trotting land for any horses, mares or geldings, or shall know. racing. ingly and wilfully suffer the same to be used for the purposes aforesaid, every person so offending shall forfeit and pay the sum of fifty dollars.
Penalty 8. And be it enacted, That if any person or for adver.
persons within this state, shall print or cause tising races,&c. to be printed, set up or cause to be set up, any
advertisement mentioning the time and place for the running, pacing, or trotting, of any horses, mares or geldings, or shall knowingly suffer any advertisement as aforesaid to be set up in or upon his, her or their dwelling-house or out-house, or shall knowingly suffer the same to remain up as aforesaid, every person so offending shall forfeit and pay the sum of fifteen dollars.
9. And be it enacted, That all and every of be recw- the penalties in the fifth, sixth, seventh and
eighth sections of this act prescribed, shall be sued for and recovered by the overseer or overseers of the poor of the township where the offence shall have been committed, in the name of such township, within six calendar months thereafter, by action of debt with costs of suit, in any court having cognizance thereof, and shall be applied to the use of the poor of said township, or in counties where trustees of the poor are or may be incorporated, shall be paid to such trustees for the use of the poor of the county: and further, it is hereby declared to be the special duty of every such overseer of the poor, on his own knowledge of the fact or on information thereof by any person or persons, without delay to institute and prosecute to effect all and every such suit and suits, under the penalty of ten dollars for every default, to be recovered by any person or persons who will sue for the same, by action of debt, with costs of suit; and that in case of a failure in any such suit or suits so to be brought by the said overseer or overseers of the poor, the costs awarded against him or them shall be paid or
reimbursed out of any monies appropriated for the use of the poor.
10. And be it enacted, That the said over- Feeso seer or overseers shall be entitled to retain in oversees. his or their hands twenty-five cents on every dollar that he or they may receive by virtue of this act, as a compensation for his or their trouble. 11. And be it enacted, That if any person or Penalty
for ili. persons shali assault, beat, or otherwise ill treat
treating any officer designated in this act, in the execu-anyofficer. tion of his official duty, every person so offend. ing shall be guilty of a high misdemeanor, and upon conviction shall be punishable by fine, or imprisonment at hard labor, or both, the fine not to exceed the sum of five hundred dollars, nor the imprisonment the term of two years, at the discretion of the court.
12. And be it enacted, That the act entitled “ An act concerning horse-racing,” passed the
[Rey 2413 third day of March, in the year of our Lord seventeen hundred and ninety-seven, and all other acts or parts of acts coming within the actress purview of this act, shall be and the same are pealed. hereby repealed.
A supplement to an act entitled An act for the pre- [Rev. 262]
servation of Oysters, passed the twenty-sixth day
Passed February 20, 1811.
Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is hereby enacted by the authority of the same,