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An Act relating to Theatrical Exhibitions and Places of Amuse

SECTION

ment.

1. Town councils may license theatrical performances, &c.

2. When licensed, to be subject to regulations of the council.

3. Penalty for allowing exhibition or performing without license.

4. Sum demanded for license.

5. Tax on billiard table-bowling alley.

SECTION

6. Bowling alley prohibited in compact part of town.

7. Town council may suppress bowling alleys and billiard tables.

8. Owner, &c., of premises where bowling alley, &c., is situated, deemed the keeper.

It is enacted by the General Assembly, as follows:

SECTION 1. The town councils of the several towns are hereby authorized and empowered to license, regulate, and as they shall find expedient, prohibit and suppress theatrical performances, rope and wire dancing, and all other shows and performances in their respective towns.

SEC. 2. When any such exhibition shall be licensed by the town council of any town, it shall be subject to such regulations and restrictions as shall be prescribed by said town council; who are hereby authorized to appoint constables or other proper officers, at the expense of the licensed person, whose duty it shall be to prevent riots, and all disorderly behavior, and to execute the orders of said council.

SEC. 3. If any person shall allow any such exhibition without license, in any house or room to him belonging, or under his control, he shall forfeit and pay as a fine the sum of fifty dollars; and every person acting or performing in any such exhibition without license, shall forfeit and pay as a fine for every such offence the sum of two hundred dollars. The fines in this section mentioned, may be recovered by indictment, in any court of competent jurisdiction; the one half thereof to and for the use of the complainant, and the other half, to and for the use of the state.

SEC. 4. It shall be the duty of said town councils to demand and receive of every person licensed by virtue of the preceding sections of this act, a sum not exceeding one hundred dollars, nor less than one dollar, for each license; the one half of the sum so received to be paid into the town treasury of the town in which such exhibition shall be licensed, for the use of the town, and the other half thereof to the general treasurer for the use of the state.

SEC. 5. The town council of each town are authorized and required to assess, levy and collect a tax, not exceeding two hundred dollars, nor less than twenty-five dollars, per an

num, on any person who shall own or keep a billiard-table in such town, for each billiard-table by him kept; and a tax not exceeding twenty-five dollars, nor less than five dollars, per annum, on any person who shall own or keep a bowling-alley in such town, for each bowling-alley by him kept; or on any person who shall own or occupy the house or building in which said billiard-table or bowling-alley shall be kept; which taxes shall be collected in the manner prescribed for the collection of town taxes; and appropriated, the one half thereof to and for the use of the town in which such tax shall be collected, and the other half to and for the use of the state.

SEC. 6. No bowling-alley shall hereafter be kept in the compact part of any town, under a penalty of two hundred dollars for the first, and five hundred dollars for the second offence; to be recovered to and for the use of the state, by indictment in any court proper to try the same.

And the

town council of each town is hereby authorized and directed to define the limits of the compact part of such town; which limits shall be taken and deemed, to all intents under this act, to comprehend the compact part of such town.

SEC. 7. The town council of each town are hereby authorized and empowered to regulate, and as they find expedient, prohibit and suppress, bowling-alleys and billiard-tables in their respective towns, and in any place therein; and the keeper of any bowling-alley or billiard-table who shall refuse or neglect to comply with any order or decree of the town council herein authorized, shall forfeit and pay as a fine for each offence the sum of fifty dollars; to be recovered by indictment to and for the use of the state, in any court proper to try the same.

SEC. 8. The owner or occupier of the premises on which any bowling-alley or billiard-table is situated, shall be deemed and taken as the keeper of such bowling-alley or billiardtable, within the meaning of the two preceding sections of this act.

SECTION

An Act to prevent Drunkenness.

1. Town councils to prohibit the sales of liquor to drunkards, by posting them. 2. Common drunkards may be posted in

SECTION

towns adjoining those where they live. 3. Penalty for selling liquor to persons posted.

It is enacted by the General Assembly, as follows:

SECTION 1. The town council of every town, upon complaint unto them made, and satisfactory evidence produced

thereon that any person belonging to and dwelling within the limits of such town doth practice the odious and destructive vice of drunkenness, may order prohibitions to be posted in such and so many places within said town as to them shall seem needful, forbidding all retailers of strong liquors, as well as others, from selling or furnishing any kind of strong liquor, directly or indirectly, to such person.

SEC. 2. Every town council, after they shall have posted any person as a common drunkard, as above provided, may notify the town councils of the adjoining towns, who upon such notification are required to post the same in some convenient place or places in their respective towns.

SEC. 3. Every person who shall sell or furnish any strong liquor to any person posted as aforesaid, within the town in which he shall be so posted, and shall be duly convicted thereof before any justice of the peace of such town, shall pay as a fine, to and for the use of the town in which such offence shall be committed, the sum of four dollars for the first offence, and for every offence afterwards the sum of eight dollars; and the person so convicted shall also pay costs.

An Act regulating Proceedings in Cases of Bastardy.

SECTION

1. Upon complaint of overseers, on the examination of an unmarried woman, warrant to issue-how directed and served-proceedings on the sameaccused to give recognizance to appear at future time.

2. Recognizance to be certified by the
justice taking it to the town clerk to
be by him kept. Duty of town clerk
in relation to it.

3. On the birth of the child, mother to
be examined and warrant to issue
against the person charged as the
father.
4. Order to be made against such person
for the support of child, if mother
shall repeat the accusation, and he
can offer no reason that he is inno-
cent.

5. Appeal granted from such order to
court of common pleas.

6. Trial in court of common pleas to be by jury; judgment final; supreme court may grant a new trial in such

cases.

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14. Security to indemnify town, to be accepted.

It is enacted by the General Assembly, as follows:

SECTION 1. Upon the examination of any unmarried woman, taken on oath in writing, in consequence of a com

plaint made under the hand of one or more of the overseers of the poor of the town where such unmarried woman shall reside or belong, that she is with child, it shall be lawful for any justice of the peace of such town to issue a warrant or summons against the person whom she shall charge with being the father of said child; which warrant or summons, in case the person so charged shall be in any town in the county in which such unmarried woman shall reside, shall be directed to the sheriff of said county, his deputy, or to any town sergeant or constable of said county; and when the party accused shall appear before any such justice of the peace, if he can offer no satisfactory reason that he is innocent, he shall enter into a recognizance with one or more sureties, at the discretion of such justice of the peace, to appear before said justice or some other justice of the peace of said town, at the town clerk's office of said town, at some future day, which said justice of the peace issuing said summons or warrant may think proper, and to abide the order of said justice's court thereon; and if the accused person shall refuse to enter into such recognizance, the said justice of the peace shall cause him to be committed to the jail in said county, there to remain until he shall be by due course of law discharged therefrom.

SEC. 2. When the accused person shall enter into a recognizance as aforesaid, to the satisfaction of said justice of the peace, said justice shall certify said recognizance to the town clerk of said town, and said clerk shall file the same with the papers of his said office; and shall procure some justice of the peace of said town to attend at his said office at the time appointed in said recognizance for the appearance of the person accused, to take jurisdiction of said recognizance; and if the woman be not then delivered, said justice of the peace may order a continuance of the recognizance to some further reasonable time, and so on from time to time, until the woman shall be delivered, to the end that an order may be made.

SEC. 3. After any bastard child shall be born, whether such child be born alive or still-born, or being born alive shall die before an order be made, and no examination had before the birth of such child, it shall be the duty of any two or more justices of the peace of the town where such child shall be born, or of the town which shall be liable to support such bastard child, upon the complaint of any overseer of the poor of either of such towns, and upon the examination of the woman by them taken on oath, to issue a warrant against the person whom the mother of the child shall charge on oath with begetting such child; or in case the mother before the

birth of such child shall have charged any person upon oath, as provided in the first section of this act with begetting the same, then upon the birth of such child, a warrant shall be issued in like manner against the person so accused, which warrant shall be directed and served as is herein before directed.

SEC. 4. When the accused person shall appear before the justices' court, if the woman, on being examined anew on oath, shall continue constant in her accusation, and no plea or proof be produced to satisfy the justices of the peace who shall have taken cognizance of the case that he is innocent, they shall judge him to be the putative or reputed father of the child, and make an order for its maintenance, if living, or if dead, for payment of the expenses incurred before and at its death and interment.

SEC. 5. If the person accused shall be dissatisfied with the order, he may appeal therefrom to the court of common pleas at the term thereof next to be holden in the county in which such child shall have been born, upon paying down the costs which shall have accrued, and entering into a recognizance with one or more sureties, at the discretion of such justices of the peace, for his appearance before the court appealed to, and abiding by such order as shall be made by said court in the premises; and in default of such order to be then made and taken by said court of common pleas, to perform the order already made. But if he shall not crave an appeal, the justices who shall have issued the warrant are empowered and directed to cause him to be committed to the jail in their county, there to remain until released by due order of law, if he shall neglect or refuse to give bond with surety or sureties to their satisfaction to perform their order; and the woman mentioned in the complaint of the overseer or overseers of the poor as aforesaid shall be a competent witness in the trial of the cause, either before the justices' court or before the court of common pleas, unless otherwise disqualified as a witness.

SEC. 6. The trial of the cause in the court of common pleas shall be by jury; and the issue to the jury shall be whether the defendant or person accused be guilty or not guilty. The verdict of the jury and the judgment and order of the court thereon shall be final and conclusive. But the supreme court, on the application of the overseer or overseers of the poor of the town in which such complaint originated, or of the person accused, may grant a new trial in such case for such causes and under such rules as new trials are granted in civil cases; and written depositions taken according to

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