sians, Thessalonians, Thessalonians, Timothy, Timothy, Titus, Philemon, Hebrews, James, Peter, Peter, John, John, John, Jude, Revelations; every person so offending, shall be Punishment of punished by solitary imprisonment for a term not exceeding blasphemy, three months, and confinement to hard labor, for a term not exceeding five years. And whereas the horrible practice of profane cursing and swearing is inconsistent with the dignity and rational cultivation of the human mind, with a due reverence of the Supreme Being and his Providence, and hath a natural tendency to weaken the solemnity and obligation of oaths, lawfully taken in the administration of justice; to promote falsehood, perjury, blasphemy, and dissoluteness of manners, and to loosen the bonds of civil society: Punishment of and swearing. on second con SEC. 2. Be it therefore enacted, That if any person, who has arrived at the age of discretion, shall profanely curse or profane cursing swear, and shall be thereof convicted, such person, so offending, shall forfeit and pay a sum not exceeding two dollars, nor less than one dollar, according to the aggravation of the offence and the quality and circumstances of the offender, in the judgment of the Court, or Justice of the Peace before whom the conviction may be; and in case the same person Double penalty shall, after one conviction as aforesaid, offend a second time, ti such offender shall forfeit and pay, upon such second conviction, double the sum forfeited on the first conviction; and in case the same person shall, after two convictions, as aforesaid, again offend, such offender shall forfeit and pay, upon on third convic each and every subsequent conviction, treble the sum for- tion. feited on the first conviction, one moiety, of the forfeitures aforesaid, to be to the use of the town, in which the offence shall be committed, and the other moiety thereof to the use of the person or persons, who shall make complaint thereof, or prosecute for the same: and provided also such tion be commenced within twenty days after the offence be committed. [Approved February 24, 1821.] prosecu Treble penalty Limitation of prosecution. An Act providing for the due observation of the Lord's day. Whereas the observance of the Lord's day is highly promotive of the welfare of a community, by affording necessary seasons for relaxation from labor and the cares of business; for moral reflections and conversation on the duties of life, and the frequent errors of human conduct; for public and Preamble, private worship of the Maker, Governor and Judge of the world; and for those acts of charity which support and adorn a Christian Society: And whereas some thoughtless and irreligious persons, inattentive to the duties and benefits of the Lord's day, profane the same, by unnecessarily pursuing their worldly business and recreations on that day, to their own great damage, as members of a Christian Society: to the great disturb. ance of well disposed persons, and to the great injury of the community, by producing dissipation of manners and immoralities of life, SEC. 1. BE it enacted by the Senate and House of Repre entatives, in Legislature assembled, That no traveller, drover, Travelling, teaming, &c. prohibited. recovered and applied. waggoner, teamster, or any of their servants, shall travel on on Lord's day the Lord's day, or any part thereof, (except from necessity or charity,) under a penalty not less than four dollars nor more than six dollars and sixty-six cents; which penalty may Penalty, how be recovered with costs of prosecution, upon complaint be fore Justice of the Peace in the County where the offence any may be committed; one moiety thereof to the complainant and the other moiety to the use of the County within which the offence may be committed; or before the Circuit Court of Common Pleas of the same County by presentment of the Grand Jury, in which case the whole penalty shall enure to the benefit of the County: Provided however, That all prosecutions for the said penalty shall be commenced within six Limitation of months after the offence was committed, unless the offender resides without the State. prosecution. amusements unlawful. SEC. 2. Be it further enacted, That no person or persons Business and whatsoever shall keep open, his, her, or their shop, ware house, or workhouse, nor shall, upon land or water, do any manner of labor, business, or work, (works of necessity and charity only excepted,) nor be present at any concert of music, dancing or any public diversion, show or entertainment, nor use any sport, game, play, or recreation, on the Lord's day, or any part thereof, upon penalty of a sum not exceeding six dollars and sixty-six cents, nor less than four dollars for each offence. to suffer drink SEC. 3. Be it further enacted, That no vintner, retailer of Innholders not strong liquors, innholder or other person keeping a house of ing, idleness or public entertainment, shall entertain or suffer any of the inPin their habitants of the respective towns where they dwell, or others bouses. doing. not being travellers, strangers, or lodgers in such houses, to abide and remain in their houses, yards, orchards or fields drinking, or spending their time either idly or at play o doing any secular business on the Lord's day or any par thereof, on penalty of three dollars and thirty-three cents payable by such vintner, retailer or innholder, or person keeping such house of entertainment, for each person so en Penalty for so tertained or suffered; and every person so drinking or abid ing, (except as aforesaid,) shall pay a fine not less than tw dollars, nor more than four, for each offence; and every such licensed person, upon any conviction after the first, shal pay a fine of six dollars and sixty-six cents for each offence and having been three times convicted, shall be debarre from renewing his license forever after. And although it i the sense of this Legislature, that the time commanded i the sacred Scriptures to be observed as holy time, include a natural day, or twenty-four hours; yet whereas there is difference of opinion concerning the beginning and ending the Lord's day among the good people of this State, and th Legislature being unwilling to lay any restrictions, which ma seem unnecessary or unreasonable, to persons of sobriety an conscience : SEC. 4. Be it therefore enacted, That all the foregoing reg- Limits of the ulations, respecting the due observation of the Lord's day, shall be construed to extend to the time included between the midnight preceding and the sun setting of the same day. No person may attend concerts or public diversion.&c. on Sat SEC. 5. Be it further enacted, That no person shall be present at any concert of music, dancing, or other public diversion, nor shall any person or persons use any game, sport, urday or Sunplay or recreation, on the land or water, on the evening next day evening. preceding or succeeding the Lord's day, on pain of three dollars and thirty-three cents for each offence; and no retailer, innholder, or person licensed to keep a public house, shall entertain, or suffer to remain, or be in their houses or yards or other places appurtenant, any person or persons, (travellers, strangers or lodgers excepted,) drinking or spending their time on the said evenings on penalty of three dollars. SEC. 6. Be it further enacted, That the fines and penalties Fines and penaforesaid, shall be, one moiety thereof to the town wherein alties-how rethe offence shall be committed, and the other moiety thereof to any person or persons who shall inform and sue for the same; to be recovered by a complaint to a Justice of the Peace, with costs of suit, or the said fines may be recovered by presentment of the Grand Jury before the Circuit Court of Common Pleas, in the County wherein the offence or offences shall be committed, and when thus recovered, shall enure to the town wherein the offence shall be committed. And whereas the public worship of Almighty God is esteemed by Christians an essential part of the due observance of the Lord's day, and requires the greatest decency and revereace for a due performance of the same: covered. in Sec. 7. Be it further enacted, That if any person shall on Indecent be-the Lord's day, within the walls of any house of public wor-Church, &c. ship, behave rudely or indecently, he or she shall pay a fine how punished. not more than seven dollars nor less than one dollar. how punished. SEC. 8. Be it further enacted, That if any person or per- Disturbing tons, either on the Lord's day, or at any other time, shall public worship, ilfully interrupt or disturb any assembly of people met for the public worship of God within the place of their assembly, or out of it, he or they shall severally pay a fine not exceeding thirty-three dollars nor less than three dollars. SEC. 9. Be it further enacted, That no person shall serve Civil process execute any civil process, from midnight preceding to mid- ed on Lord's ght following the Lord's day : but the service thereof shall day. be void, and the person serving the same shall be as liable answer damages to the party aggrieved, as if he had done without any such civil process. e same, SEC. 10. oath. Be it further enacted, That the Tythingmen Tythingmen, dosen or which shall be chosen in the several towns within their duty and State, shall be held and obliged to inquire into and inof all offences against this act; and all such Tything ingmen compe men as shall be hereafter chosen, shall take the following SEC. 11. Be it further enacted, That the oath of any Ty Oath of tyth- thingman shall be deemed full and sufficient evidence, in any tent evidence trial for any offence against this act, unless in the judgment of the Court of Justice, the same shall be invalidated by other evidence that may be produced. in cases. iffs, grand ju stables. SEC. 12. Be it further enacted, That the special authority Daty of sher- given by this act to Tythingmen, for preventing the breaches rors and con- thereof, shall not be construed or understood to exempt any Sheriff, Grand Jurors, Constables, or other officers or persons whatsoever, from any obligation or duty, to cause this act to be put in execution, but they shall be held to take due notice and prosecute all breaches thereof, such special authority notwithstanding. covered and ap propriated. SEC. 13. Be it further enacted, That all the penalties and Fines and pen, fines, incurred and paid for any of the offences aforesaid, alties, how re- mentioned in the seventh, eighth and tenth sections of this act shall be for the use of the State. And that all said offences, the penalties against which exceed seven dollars, shall be prosecuted by presentment of the Grand Jury, before the Circuit Court of Common Pleas, in the County wherein the offence may be committed: But all offences, the penalty whereof does not exceed seven dollars, except the offender -:00: CHAPTER X. An Act for the Punishment of Adultery, Poligamy, Lewdness and For nication. adultery. SEC. 1. BE it enacted by the Senate and House of Represent- Punishment of atives, in Legislature assembled, That if any man or woman shall commit adultery, and be thereof convicted, he or she shall be punished by solitary imprisonment for a term not exceeding three months, and confinement to hard labor for a term not exceeding five years. Persons while marry again. bigamy. of either par yond sea and be living; SEC. 2. Be it further enacted, That if any person within this State, being married, shall marry any person, the former hus- married not to band or wife being alive, or who shall continue to live so married, and being thereof convicted, shall be punished by solitary imprisonment for a term not exceeding three months, Penalty for and by confinement to hard labor for a term not exceeding five years: Provided always, That this act shall not extend to any person whose husband or wife shall be continually re- Proviso in case maining beyond sea, by the space of seven years together, or ty's absence for whose husband or wife shall absent him or herself, the one seven years be from the other, by the space of seven years together; the not known to one of them in either case not knowing the other to be living within that time, nor to the wife of any married man who or desertion by shall willingly absent himself from his said wife, by the space bushand for sev of seven years together, without making suitable provision tain cases. for her support and maintenance in the mean time, if it shall be in his power so to do; nor to any person that is or shall Proviso, as to be at the time of such marriage divorced, by sentence of any the innocent Court whatsoever, which has, or may have legal jurisdiction of divorce. for that purpose, unless such person is the guilty cause of such divorce, nor to any person for or by reason of any former marriage had or made, or hereafter to be had or made within the age of consent. SEC. 3. en years, in cer party in case civious cohabi and gross lewd. Be it further enacted, That if any man and woman, Punishment of either or both of whom being then married, shall lewdly and lewd and las. lasciviously associate and cohabit together, or if any man or tation, and open woman, married or unmarried, shall be guilty of open gross ness. lewdness and lascivious behaviour, and shall be thereof convicted before the Justices of the Supreme Judicial Court, they shall be punished by solitary imprisonment for a term not exceeding three months, and confinement to hard labor for a term, not exceeding five years. |