drunkards or

are posted.

have posted up in their town or plantation, the names of any quors for those common drunkards, common tipplers, or common gamesters, or ganiblers who whenever they shall have forbidden licensed persons from selling to any mispenders of their time and estate, any spiritous or strong liquors agreeably to the directions of this Act, it shall not be lawful for any person to purchase or procure, for and in behalf of such prohibited person, for his use, any spiritous or strong liquors; and if any person or persons shall purchase, procure or sell, or shall cause to be purchased, procured or sold, any spiritous or strong liquors to, or for the use of any such prohibited person during the continuance of such prohibition, as aforesaid, he shall forfeit and pay the sum of ten dollars.

Penalties, and

priation.

SEC. 9. Be it further enacted, That any fine, forfeiture mode of recov or penalty, not exceeding twenty dollars, arising for any of ery and approthe offences aforesaid, shall be recovered by action of debt, before any Justice of the Peace within the same county, where said offence was committed; one moiety thereof to the use of the person who may sue therefor, and the other moiety thereof to the use of the town where such offence was committed; and all fines, forfeitures and penalties exceeding twenty dollars, shall be recovered upon information or indictment, in any Court competent to try the same; and the whole of such fines, forfeitures or penalties, shall be for the use of the county where the offence was committed. It shall be the duty of the several county attornies to file an information against each and every person, who, without being duly licensed shall presume to be a common victualler, innholder, or retailer, upon his obtaining evidence thereof, or he may lay the same before the Grand Jury of the county for their consideration.

to sell without

SEC. 1. BE it enacted by the Senate and House of Represent- No auctioneer atives, in Legislature assembled, That no person unless he be license. licensed by the major part of the Selectmen of the town to which he belongs, shall sell at public vendue or outcry, any goods or chattels whatsoever; and if any person, without such license, shall sell any goods or chattels at public vendue or outcry, he shall forfeit and pay a sum not exceeding six hundred dollars for each offence; and the Selectmen or the major part of them, at a meeting had for that purpose, are Selectmen may hereby empowered, by a writing, under their hands, to li- year. cense for the term of one year, any suitable person or persons to make sale of goods or chattels, in manner aforesaid; and the Selectmen are hereby directed to record every

Penalty.

license for one

If Selectmen, unreasonably

Sessions may

grant license.

license, they may so grant, in a book to be by them kept for that purpose.

SEC. 2. Be it further enacted, That on application in refuse, Court of writing of any person to the Selectmen of any town in this State, to be licensed to sell goods or chattels at public vendue, if the Selectmen shall unreasonably neglect or refuse, after such application, to license such person or persons, applying as aforesaid, it shall and may be lawful for such applicant or applicants, first giving ten days notice to the Selectmen, so neglecting, or refusing as aforesaid, to apply to the Court of Sessions for the county where such applicant or applicants reside; which Court or a major part thereof, are hereby authorized and empowered, on hearing the parties, to license said applicant or applicants, if they shall adjudge the same just and reasonable: Provided, Such applicant give bonds to the Selectmen to pay all costs arising by the case being brought before the Court of Sessions.

Proviso.

Penalty for receiving goods

vant.

SEC. 3. Be it further enacted, That if any person or perfor sale from a sons, thus licensed, shall receive any goods for sale at public minor or ser- vendue or outcry, of any servant or minor, knowing such person to be a servant or minor, or shall sell any of his own goods before sunrise, or after sunset at public vendue or outcry, he shall forfeit and pay a sum not less than fifty dollars, nor more than one hundred and seventy dollars, for each offence and every person thus licensed, shall keep a fair and particular account of all goods and chattels sold by him, as aforesaid, of whom the same were received and of the names of the persons to whom the same shall have been sold: Provided, That nothing in this Act shall extend to sales made by Sheriffs, deputy Sheriffs, Coroners, Constables, Collectors of taxes, executors or administrators, or any other person who already is, or hereafter may be authorized or required by law to sell goods, chattels or lands at vendue or outcry, Occupants of a SEC. 4. Be it further enacted, That the tenants or occufine for permit-pants of any house or store, having the actual possession and ting sales there- control of the same, who shall knowingly permit or allow ed auctioneers. any person or persons, not being licensed as in the said Act

Sheriffs, coro

ners, &c. not

embraced in

this act.

house liable to

in by unlicens

Penalties how recovered.

prescribed, to sell any goods or chattels at public vendue or outcry, in his said house or store or in any apartment or yard appurtenant to the same, shall forfeit and pay a sum not exceeding six hundred dollars, nor less than one hundred dollars.

SEC. 5. Be it further enacted, That any penalty, incurred as aforesaid, may be recovered in an action of debt, or by indictment or information, in any Court of Record competent to try the same; and to be appropriated to the use of the complainant.

[Approved January 23, 1821.]

CHAPTER CXXXV.

An Act concerning Parishes.

How parishes

societies may

come bodies

parish powers,

SEC. 1. BE it enacted by the Senate and House of Represent- Hnd religione atives, in Legislature assembled, That any persons twenty-one be incorporat years of age, or upwards, desirous of incorporating them- ed. selves into a parish or religious society, may apply to any Justice of the Peace in the county where the majority of such applicants reside, who shall issue his warrant to one of such applicants, directing him to notify them to meet at some suitable place, in the manner by this Act provided for the purpose of incorporating themselves into a parish or religious May elect offsociety. And such persons so assembled, may choose a cers and be Clerk, and such other parish officers, as they may think prop- politic, with er; and thereupon shall be, and hereby are declared to be a body politic, to be known by such name and style as they may see fit to adopt; and shall have all the powers and privileges incident by law to parishes and religious societies. SEC. 2. Be it further enacted, That every parish or relig- May take and ious society shall have power to take by gift, grant or purchase any estate real or personal, until the clear annual in- lars. come of such parish or society arising from such estate, shall amount to three thousand dollars; and to give and grant or bargain and sell the same; and shall have power to order and establish such regulations and bye-laws for the management of their affairs as they may see fit: Provided, The same be not contrary to the laws of this State.

hold real estate of annual income 3,000 dol

ling parish or

ings and pro

SEC. 3. Be it further enacted, That the inhabitants of each Mode of cal parish or religious society may meet annually and at such society meetother times as they may deem proper, in the town where the ceedings. religious meetings of such parish or society are usually held, at such time and place as they shall be notified to attend by the Assessors or standing committee of such parish or society, or by such other person as may have the warrant of such Assessors or committee therefor, such meetings to be notified seven days at least before the holding of the same, by writ ten advertisements posted up at the principal outer door of the meeting house or place of worship of such parish or society, or in such other mode as any parish or society may agree upon at any legal meeting of the same; and being so assembled may, by written ballot or otherwise, elect a Clerk, who shall be sworn or affirmed to the faithful discharge of his office, two or more Assessors, a Collector, Treasurer, and a standing committee, or such other officers as may be deemed proper for the convenient management of their concerns. And the Assessors of such parish or society shall have power to manage the prudential affairs thereof, when no other persons are appointed for that purpose.

Government of

SEC. 4. Be it further enacted, That the Moderator of any such meetings meeting of any parish or religious society, shall have power by moderator.

Justice of

peace may call a meeting in certain cases.

May vote and assess monies, and collect them,

on pews in

to regulate and manage the business of such meeting, to preserve due order and decorum therein, to remove therefrom every person guilty of irregular and disorderly conduct and to administer the oath of office to the Clerk. And when any vote declared by the Moderator, shall immediately be questioned by any person present, the Moderator shall make the same certain in such manner as a majority of the members present may desire.

SEC. 5. Be it further enacted, That when any five members of any parish or religious society shall signify in writ ing their desire to have any article inserted in the warrant or notification for calling the next meeting thereof, it shall be the duty of the Assessors to insert the same accordingly. And if such Assessors unreasonably refuse to call a meeting, or any parish or religious society be destitute of Assessors, or other officers empowered to notify a meeting of the same, any Justice of the Peace within the county upon application in writing of five members of such parish or society, may issue his warrant to any suitable person therein, who may notify a meeting thereof accordingly; and where any parish or religious society shall not establish the method of calling meetings of the same, such meetings may be notified and called in the manner herein before provided for the calling of annual meetings.

SEC. 6. Be it further enacted, That every parish and religious society may at any legal meeting thereof, grant and vote such monies as they may judge necessary for the support of the public ministry of religion, for the building, repairing, enlarging or removing of houses of public worship and for all other necessary parish charges; and may assess the same on the polls and estates of the several members thereof, and cause the same to be collected, conforming to the laws providing for the assessment and collection of State taxes; and where any house of public worship belongs to part or wholly the members of a parish or religious society it shall be lawful for such parish or society if they see cause to assess any monics voted aforesaid either wholly or in part upon the pews and seats of all individual proprietors therein: "Provided, That such individual proprietors of pews and seats whether members of such society or not may be present and vote Pews may be in granting all sums to be assessed on such seats and pews in manner aforesaid. And if the taxes or any of them so assessed on said pews and seats shall remain unpaid for the space of six months after the assessment thereof, the Treasurer of such parish or religious society shall sell such pews Mode of pro and seats at public vendue to the highest bidder; first posting up a 'notification of such intended sale at the principal outer door of such house of public worship, at least three weeks before the time of sale, therein setting forth the num bers of the pews or seats if any, and the amount of taxes due thereon; and shall make, execute und deliver to the purchaser

Proviso.

sold for taxes.

ceeding.

sufficient deeds of conveyance of the same, and the monies arising from such sale over and above the taxes and incidental reasonable charges, said Treasurer shall pay over to the former owners of the pews and seats so sold respectively, or their assigns on demand.

pew tax to be

designated

&e.

SEC. 7. Be it further enacted, That all monies paid by Each man's any person for the support of public worship, or of public paid to his own teachers of religion by a tax on any pew or seat, shall, if teacher, unless, such person require it, be paid over to such teacher of his own religious sect as he may designate, he leaving a written notice of such designation with the Clerk of such society on or before their annual meeting; unless such owner shall use such seat or pew by attending public worship himself, his family or other person occupying the same under him; and it shall be sufficient that such teacher be ordained and quali fied agreeably to the usages of his particular sect or communion.

of a society, &

by a parish, be

SEC. 8. Be it further enacted, That any person may be Mode of becom come a member of any parish or religious society now exist-ing a member ing or hereafter to be created, by being accepted by the society of which he wishes to become a member, at a legal meeting of the same and giving notice thereof in writing to the Clerk of the society which he is about to leave; which notice and the time of receiving the same, it shall be the duty of such Clerk to record. But every person ceasing to be To pay taxes a member of any parish or religious society shall be liable to assessed on him be taxed for all monies raised by such parish or society before his leaving fore his ceasing to be a member thereof: Provided, That' no person shall be compelled to join or be classed with any parish or religious society without his or her consent, and when any person shall choose to withdraw from any parish Mode of with or religious society, and shall leave a written notice thereof drawing, &c. with the Clerk of such society, he or she shall be no longer liable to pay any part of any future expenses which may be incurred by such society.

it.

Records of eve

spection.

SEC. 9. Be it further enacted, That the records of every parish to parish or religious society shall be free to the inspection of be open to ins every member thereof, and of the Clerk of any other parish or religious society. And it shall be the duty of each Clerk to make and attest copies of record upon request and reasonable compensation therefor.

parishes may

SEC. 10. Be it further enacted, That the minister or min- Ministers of ail isters of every parish or religious society of every denomin- take estates in ation are, and shall be deemed capable of taking in succes- succession, &c. sion any estate granted to the minister and his successors or for the use of the ministry, or of the poor of the church, and of prosecuting and defending all actions, petitions and processes touching the same, and no alienation by any minister, Mode of aliena of any estate granted to the minister and his successors or tion by such for the use of the ministry shall be valid any longer than

ministers,