gaming, then and in such case, if the plaintiff shall offer to playing at billiards at SEC. 5. Be it further enacted, That if any person shall Penalty for play at cards, dice or billiards, or with any other implements cards, dice or used in gaming, in any tavern or house of entertainment, or any house of place licensed for retailing spiritous liquors, or in any of the entertainment. 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 February 27, 1821.] :0: CHAPTER XIX. An Act for the restraining the taking of excessive Usury. No person the rate of six est. SEC. 1. BE it enacted by the Senate and House of Repre- Na take sentatives in Legislature assembled, That no person or persons more than at upon any contract hereafter made, shall take, directly or in- per cent. interdirectly, 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 that rate for a greater or lesser sum, or for a longer or shorter Usurious time; and that all bonds, contracts, mortgages and assuranc- bonds, mortga es made for the payment of any money lent, or covenanted void. to be lent, upon or for usury, whereupon or whereby there ges. &c. to be Penalty and mode of recov ery. In suits on a usurious secu may prove the usury by his oath, 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, and 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 by indictment or action of the case, one moiety thereof to the use of this State, and the other moiety to him or them, who prosecutes for the same, any law to the contrary notwithstanding. SEC. 2. Be it further enacted, That when any person or persons shall be sued on any bond, contract, mortgage or ity, Defendant assurance for the payment of any monies, wares, merchandise or other commodities, whereby or wherein any sum is 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 hundred, 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, will swear the she or they have not, directly nor indirectly, wittingly taken or received more than after the rate of six dollars in the hundred, for forbearance or giving day of payment; and by such bond, contract, mortgage or assurance, 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 notwithstanding: Provided, nothing in this Act shall extend to the 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. unless creditor security is bot surious. This act not to exte: d to cer tain contracts. [Approved March 20, 1821.] BUYING NOTES, &c.-BRIBERY AND CORRUPTION. 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. Coroner or 89 loan or advance obtain demands lection, with intent thereby &c. BE E it enacted by the Senate and House of Represent- No Attorney, atives, in Legislature assembled, That if any person shall, with Justice, Sheriff, an intent thereby to procure himself to be retained as an At- Constable to torney, or employed as a Justice of the Peace, Sheriff, Depu- money, &c. to ty Sheriff, Coroner or Constable, in the collection of any for suit or solnote, account or other demand whatever, by a suit at law, or with an intent thereby to procure and obtain any promissory to make profit, note, account, or other demand for the purpose of making 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 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 collecting thereof, by a suit at law; every person so offending shall forfeit and Punishmens. 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 of penalty. Court, proper to try the same; in which 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.] -00 CHAPTER XXI. An Act to prevent Bribery and Corruption. Appropriation giving a bribe, SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That if any person shall di- Penalty for rectly 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, influ ence, or any other means whatsoever, any office or place of trust, within this State, and be thereof convicted, shall forfeit a sum not exceeding three hundred dollars, nor less than fifty dollars, at the discretion of the Court which shall have cog ceiving a bribe. nizance of the same; and be rendered forever after incapable of sustaining any office or place of trust, within this State. SEC. 2. Be it further enacted, That if any person shall rePenalty for receive of another, any sum of money, or other valuable consideration, as a reward for procuring or to procure any office or place of trust within this State, for any other person, and be thereof convicted, 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 if such offender be in any such office, he shall on the conviction, be disabled from holding the same, and be forever after incapable of sustaining any office or place of trust within this State; and for the more easy conviction of such offenders: SEC. 3. Be it further enacted, That if either the parties offending as aforesaid, shall give information upon oath, against the other offending party, and shall duly prosecute said information; such informer shall be freed from every of the penalties aforesaid. And all offences against this Act shall be heard, tried and determined before the Supreme JuAppropriation dicial Court; and all pecuniary penalties accruing thereby, of penalties. shall be one third thereof to the informer, and the other two Either offendforming and ing party in prosecuting the freed from the other, shall be penalty. Punishment for thirds to the State. [Approved March 15, 1821.] -:0: CHAPTER XXII. An Act for the protection of the Personal Liberty of the Citizens, and for other purposes. SEC. 1. BE it enacted by the Senate and House of Representtransporting atives, in Legislature assembled, That if any person shall transfrom one part port or carry, or cause to be transported or carried, any subanother, except, ject of this State, or other person lawfully residing and in any inhabitant of this State to &c. habiting therein, to any part or place without the limits of the same, by land or water, without his consent or voluntary agreement; or in order to remove such person from one part of the State to another part of the same, except for the purpose of defending the same in time of war, agreeable to the Constitution, or except such person be sent by due course of law, to answer for some criminal offence committed in some other of the United States of America; every person so offending, and every person aiding and abetting the same, being duly convicted thereof before the Supreme Judicial Court, shall be punished by fine not exceeding two thousand dollars, and imprisonment not exceeding two years, or by solitary im prisonment for a term not exceeding three months, and confinement to hard labor for a term not exceeding five years; or any one or more of those punishments, at the discretion of the said Court, and be further liable to the action of the party grieved. vessel may nors, &c. out of rents, &c. enlisting mi SEC. 2. Be it further enacted, That every master or com- No master of mander of any outward bound ship or vessel, that shall here- transport miafter carry or transport out of this State, any person under the State, without age of twenty-one years, or any apprentice, or any indented consent of paservant, to any parts beyond sea, without the consent of his parents, master, or guardian, shall forfeit and pay the sum of two hundred dollars; one moiety to the use of this State, and the other moiety to him or them that shall sue for the same; and be further liable for the damages sustained by the parent, master, or guardian, in a special action of the case. SEC. 3. Be it further enacted, That if any person within Punishment for this State shall hereafter enlist or cause to be enlisted, into the nors without army of the United States, any minor under the age of twenty- rents, &c. in one years, knowing him to be such minor, without the consent v. s. army, in writing of his parent, guardian and master, and such minor knowing them shall within six months after his enlistment be removed out of and sending this State, so that he cannot be had before the Judicial Tri- the State. bunals of this State, by virtue of a writ of habeas corpus, the person so enlisting such minor, or so causing him to be enlisted, on conviction thereof, before the Supreme Judicial Court, shall forfeit and pay a fine not exceeding five hundred dollars, or be imprisoned for a term not exceeding one year. consent of pa writing, into to be minors them out of persuading a to depart from SEC. 4. Be it further enacted, That if any person, know- Punishment for ing any one to be a minor under the age of twenty-one years, minor, knowing shall persuade him to depart from this State, with intent to him to be such, enlist into the army of the United States, without the consent State with inof his parent, guardian and master, on the conviction thereof, him." before the Supreme Judicial Court, shall forfeit and pay a fine not exceeding five hundred dollars, or be imprisoned for a term not exceeding one year. tent so to enlist may be appro cerned may SEC. 5. Be it further enacted, That all fines and forfeitures, recovered and incurred by virtue of the third and fourth sections of this Act, printed. shall be recovered by indictment, or information, in the Supreme Judicial Court, to the use of the State; Provided, That the said Court, in which any such fine or forfeiture shall be recovered, may award to the parent, guardian, or master of such minor, such part of such fine or forfeiture, so recovered, not exceeding the one moiety thereof, as they in their discretion, shall think proper; Provided also, That all persons con- Persons concerned shall be entitled to all the privileges and subject to all have the benefit the penalties and requisitions, given and incurred in an Act, of habeas cor entitled "An Act directing the process in habeas corpus," where the same do not contravene the provisions of this Act. SEC. 6. Be it further enacted, That if any master or other Punishment for person, having charge of any vessel, shall therein bring into, bringing into and land, or suffer to be landed in any place within this State sea, any per any person, before that time convicted in any other State, or of infamous in any foreign country, of any infamous crime, or any for crimes, or of which he hath been sentenced to transportation, knowing of acter, &c. such conviction, or having reason to suspect it, or any person pus Act. knowingly the State by sons convicted infamous char |