And for want of such goods, chattels, or lands of the said by you to be found, you are to take the body and him commit to our gaol in L of the said in our said County of H-- there to remain until he shall day of 1 R. S. N. O. general issue; Proceedings Provided nevertheless, That the party complained against, as Respondent may give spe aforesaid, may, in person or by attorney, appear before the cial matter in said Justices, and may there give in evidence, on the trial evidence under aforesaid, under the general issue, any special matter or thing of which he could avail himself under any special plea, in the regular Courts of law: Provided also, That when and appeal to judgment shall be entered up against him upon the verdict of Sup. J. Court. the Jury aforesaid, he may there appeal from the judgment of the said Justices, to the next Supreme Judicial Court, to be holden in the same County; which appeal, when so entered, shall stop all further proceedings of the said two Jus before the Justices, and no writ on said judgment for abatement and remov- entry of appeal. al shall issue, except as hereinafter directed: And it shall be the duty of the person appealing, as aforesaid, from the judg- Appellant to ment of the said Justices, to procure attested copies of all the and enter his papers in said complaint, under the hands of the said Jus- appeal, tices, and to enter his appeal at the next Supreme Judicial Court; and if he shall fail of so doing, the judgment of the or the judgment said two Justices shall be in full force against him; and they shall be in full are hereby authorized and empowered, in such case, to is- force, and they sue their writ for abatement and removal, in the same man- nuisance. ner, as if no appeal had been entered. tices stayed by produce copies of the Justices may abate the the appeal in SEC. 9. Be it further enacted, That the said Supreme Ju- Proceedings of dicial Court, be, and they hereby are authorized to take cog- 3up. J. Court. nizance of said complaint and judgment, and to try by the Jurors returned to serve in their said Court, on the Jury of trials, the truth of the facts alledged in said complaint, under the issue aforesaid, and if the said Jury shall find by their verdict, the facts alledged in said complaint to be true, the said Court are further authorized to cause and order the said nuisance to be abated and removed, and to award against the party complained of, such sums as may be necessary to defray the expense of removing said nuisance. But if the Jury aforesaid shall find, that the facts alledged in said complaint are not supported, the party complained of shall recover against the complainant his legal costs, and execution shall issue accordingly. Same costs to SEC. 10. Be it further enacted, That the same costs shall be allowed as in be allowed by the said two Justices and the Supreme Judi- Courts of law. Selectmen to make regula keeping of gun zain towns. cial Court, to parties and witnesses, as are allowed in the regular Courts of law; and that the said two Justices, quorum unus, shall have the same fees, and be allowed the same sums for the trial aforesaid, as are allowed to Justices in the process of forcible entry and detainer. [Approved March 8, 1821.] :00: CHAPTER XXV. An Act for the prevention of damage by Fire, and the safe keeping of Gun SEC. 1. BE it enacted by the Senate and House of Repretions as to the sentatives, in Legislature assembled, That the Selectmen of each powder in cer- town within this State, containing not less than fifteen hundred inhabitants, be, and they hereby are, authorized and empowered to make rules and regulations, from time to time, in conformity with which, all gun powder which is or may be within such town, shall be kept, had or possessed therein; and no person or persons shall have, keep or possess within such town, any gun powder, in any quantity, manner, form or mode, other than may be prescribed by the rules and regulations aforesaid. Penalty for violating such regulations. Mode of recovery. Powder kept ulations may be beiled. such libel. SEC. 2. Be it further enacted, That any person or persons who shall keep, have or possess any gun powder, within any town, contrary to the rules and regulations which shall be established by the Selectmen of such town, according to the provisions of this Act, shall forfeit and pay a fine of not less than twenty dollars, and not exceeding one hundred dollars, for each and every offence, to be recovered by action of debt in any Court proper to try the same. SEC. 3. Be it further enacted, That all gun powder which Contrary to reg shall be had, kept or possessed, within any town, contrary to seized and li- the rules and regulations which shall be established by the Selectmen of such town, according to the provisions of this Act, may be seized by any one or more of the Selectmen of Proceedings on such town, and shall within twenty days next after the seizure thereof, be libelled, by filing with any Justice of the Peace in such town, a libel, stating the time, place and cause of seizure, and the time and place when and where trial shall be had before said Justice, and a copy of said libel shall be served by the Sheriff, or his deputy, on the person or persons, in whose possession the said gun powder shall have been seized, by delivering a copy thereof to each such person, or leaving such copy at his or her usual place of abode, seven days at least, before the time which shall be specified in said libel, for the trial thereof, that such person may appear, and show cause why the gun powder, so seized or taken, should not be adjudged forfeit; and if any person shall appear to show cause why the same should not be adjudged forfeit, such ap ment, pearance shall be entered on record, by said Justice; and if the gun powder, seized as aforesaid, shall be adjudged forfeit, the person or persons; whose appearance shall have been recorded as aforesaid, shall pay all costs of prosecution, and execution shall issue therefor: Provided however, That the person or persons, whose appearance shall have been recorded, may appeal from the judgment rendered by said Justice Appeal from of the Peace, to the next Court of Common Pleas to be holden Justice's judg for the County where such town is situated: and the party so appealing, before such appeal shall be allowed, shall recognize, with sufficient surety or sureties to the libellant, to prosecute his said appeal and to pay all such costs as may arise after said appeal; and no further proceedings shall be had upon the judgment appealed from; and in case the party appealing shall neglect to enter his appeal, the Court after procecilappealed to, may, upon complaint, proceed to affirm the judgment of the Justice, with additional costs. ings. aged by explo may obtain re SEC. 4. Be it further enacted, That any person who shall Persons damsuffer injury by the explosion of any gun powder, had or sion of powder possessed, or being within any town, contrary to the rules and illegally kept, regulations which shall be established in such town, accord- dress. ing to the provisions of this Act, may have an action of the case in any Court proper to try the same, against the owner or owners of such gun powder, or against any other person or persons, who may have had the possession or custody of such gun powder, at the time of the explosion thereof, to recover reasonable damages for the injury sustained. to search for SEC. 5. Be it further enacted, That it shall, and may be selectmen mav lawful for any one or more of the Selectmen of any town to enter buildings enter any building, or other place, in such town, to search powder. for gun powder, which they may have reason to suppose to be concealed or kept, contrary to the rules and regulations which shall be established in such town, according to the provisions of this Act, first having obtained a search warrant therefor according to law. ebimnies or be defective, SEC. 6. Be it further enacted, That when any stove, chim- Penalty for sufney or stove pipe, within any town containing not less than fering stoves, fifteen hundred inhabitants, shall be defective, or out of re-stove pipes to pair, or so constructed or placed, that any building, or other &c. property shall be in danger of fire therefrom, the Selectmen of said town shall give notice, in writing, to the possessor or possessors of such stove, chimney or stove pipe, to remove or repair the same; and if such possessor shall for the term of six days after the giving of such notice, unnecessarily neglect to remove, or effectually repair such stove, chimney or stove pipe, such possessor shall, for each and every such neglect, forfeit and pay a fine of not less than ten dollars, nor more than fifty dollars, to be recovered by action of the Action of ene. case, in any Court proper to try the same. SEC. 7. Be it further enacted, That the fines, forfeitures of fines. &c. Appropriation and penalties, which shall arise under this Act, shall accrue, one moiety thereof to the use of the town within which the offence shall be committed, and the other moiety to the use of the person who shall prosecute or sue for the same. Above regula in force till published by Selectmen, &c. SEC. 8. Be it further enacted, That the rules and regulations not to be tions, which shall be established in any town, according to the provisions of this Act, shall be of no force or effect, until such rules and regulations, together with this Act, shall have been published by the Selectmen of such town, three weeks successively, by printing in some newspaper printed within the County, or by posting up attested copies in three several public places in said town. Creekers, squibs. &c. not out license. [Approved March 19, 1821.] :00: CHAPTER XXVI. An Act to prevent damage from firing Crackers, Squibs, Serpents and BE it enacted by the Senate and House of Represent atives, in Legislature assembled, That if any person shall offer to be fired with- for sale, set fire to, or throw any lighted cracker, squib, rocket or serpent within this State, without the license of the Selectmen of the several towns, respectively, first obtained therefor, he shall forfeit, for every such offence, the sum of Punishment. five dollars; one moiety to the use of the poor of that town, fire engines, in which the offence shall be committed, and the other moiety to the use of the prosecutor; to be recovered by action of debt, or by information before any Justice of the Peace of the County, in which the offence shall be committed, with the costs of suit. [Approved Feb. 20, 1821.] :00:- CHAPTER XXVII. An Act more effectually to secure Fire Engines from being injured. BE it enacted by the Senate and House of ReprePersons wan- sentatives, in Legislature assembled, That if any person shall tonly injuring wantonly or maliciously, spoil, break, injure, damage or render useless, any engine, or any of the apparatus thereto belonging, prepared by any town, society, person or persons, for the extinguishment of fire, and shall be convicted thereof, before the Supreme Judicial Court, he shall be punished by a fine not exceeding five hundred dollars, or by imprisonment, not exceeding two years, at the discretion of the Court; and be further ordered to recognize, with sufficient surety or sureties, for his good behaviour for such term as the Court shall order. punished on conviction in S. J. Court. [Approved March 2, 1821.] CHAPTER XXVIII. An Act for the prevention of Lotteries not authorized by law, and to prohibit the sale or purchase of Tickets in this State. No person to granted by Con SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That no person or persons make a lottery. shall, within this State, make any lottery, or aid or assist in &c. &c. unless making any lottery, or advertise and make public any scheme gress or the for a lottery within this State, unless such lottery shall be this State. granted under the authority of this State or of the Congress of the United States. Legislature of No person may SEC. 2. Be it further enacted, That no person or persons dispose of tickshall, within this State, sell, give or otherwise dispose of any ets in any lotticket or tickets, or part of any ticket, in any lottery not au- granted, thorized by the laws of this State or of the United States. tery not so nor purchase authorized. SEC. 3. Be it further enacted, That no person or persons any ticket in a shall, within this State, purchase or receive any ticket or lottery, not so tickets, or part of any ticket, in any lottery not authorized by the laws of this State, or of the United States. have in his pos tent to sell, any tickets in a lot tery not so au thorized. SEC. 4. Be it further enacted, That it shall not be lawful No person shall for any person within this State to have in possession any session, with inticket or paper purporting to be the number of any ticket or part of any ticket, of any lottery not granted or authorized by this State, or the United States, with intent to sell, negotiate or dispose of the same, or in any way or manner to advertise or make public, or aid or assist in advertising or making public, any scheme or class of any lottery not granted or permitted to be drawn by this State or the United States. violation of how recovered. SEC. 5. Be it further enacted, That any person or per- Penalty for the sons who shall offend in any of the particulars aforesaid, shall this Act; forfeit and pay for each and every offence, a sum not less than fifty dollars, nor more than one thousand dollars, to be recovered by action to and for the use of any person who shall sue for the same, in any Court of competent jurisdiction. SEC. 6. Be it further enacted, That this act shall take ef-Limitation. fect and be in force, from and after the first day of May next. [Approved March 15, 1821.] :0: CHAPTER XXIX. An Act for preventing abuses in distilling of Strong Liquors, with Leaden Heads or Pipes. leaden heads, SEC. 1. BE it enacted by the Senate and House of Represent-Penalty for d atives, in Legislature assembled, That if any person shall pre-tilling throug sume to distil or draw off any spirits or strong liquors through pipes and leaden heads, worms or pipes, upon legal conviction thereof, worms. before any Court of competent jurisdiction, shall forfeit and pay a sum of three hundred dollars, |