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CHAPTER 98.

OF THE OBSERVANCE OF THE LORD'S DAY.

Prohibition as to Lord's day. 1760-1, 20, $ 9. 1782, 23, $S 1, 7.

SECTION 1. Whoever, on the Lord's day, is present at a game, 1

sport, play or public diversion, except a concert of sacred music, 2 1191 , 58

, 1, 6. or an entertainment given by a religious or charitable society the 3 R. S. 50, $3 5, 10. proceeds of which, if any, are to be devoted exclusively to a chari- 4 G. S: 54,5$ 4, 9. table or religious purpose, shall be punished by a fine of not more 5 than five dollars for each offence. 1887, 391, $ 1.

1895, 434, $ 1.

6

P. S. 98, § 1.

- of labor, etc., except works of necessity, etc.

9.
1782, 23, § 1.
1791, 58, § 1.
1796, 89, $ 1.
R. S. 50, $ 1.
G. S. 84, § 1.
1862, 152.
1863, 143.
P. S. 98, § 2.
1895, 134, $ 2.
12 Met. 24.

SECTION 2. Whoever, on the Lord's day, keeps open his shor, 1

warehouse or workhouse, or does any manner of labor, business or 2 C. L. 133,89 1, 2. work, except works of necessity and charity, or takes part in any 3 17167, 13 i sport, game, play or public diversion, except a concert of sacred 4 1760-1, 20, $$ 2," music or an entertainment given by a religious or charitable society 5

the proceeds of which, if any, are to be devoted exclusively to a 6
charitable or religious purpose, shall be punished by a fine of not 7
more than fifty dollars for each offence, and the proprietor, man- 8
ager or person in charge of such game, sport, play or public diver- 9
sion, except as aforesaid, shall be punished by a fine of not less 10
than fifty nor more than five hundred dollars for each offence. 11

13 Met. 284.
2 Cush. 556.
4 Cush. 243.
10 Cush. 257.
8 Gray, 384, 553.
11 Gray, 308.
15 Gray, 433.
9 Allen, 118, 452.

10 Allen, 18.
11 Allen, 209.
12 Allen, 187.
13 Allen, 559.
97 Mass. 45, 166,
407, 411.
101 Mass. 30, 366.
103 Mass. 188.

107 Mass. 251, 439.
108 Mass. 517.
112 Mass. 368, 467.
117 Mass. 142.
127 Mass, 123,
128 Mass. 148.
131 Mass. 546.
143 Mass. 28, 167.

144 Mags. 362, 363.
145 Mass. 99, 353.
155 Mass. 543.
159 Mass. 101.
168 Mass. 519.
170 Mass. 561.
125 U.S. 555.

1

Certain busi.
ness not pro-
hibited.
1886, 82.
1887, 391, $ 2.
1893, 41.
1895, 434, $ 2.
1900, 440.
145 Mass. 430.

SECTION 3. The provisions of the preceding section shall not i be held to prohibit the manufacture and distribution of steam, 2 gas or electricity for illuminating purposes, heat or motive power, 3 nor the distribution of water for fire or domestic purposes, nor 4

the use of the telegraph or the telephone, nor the retail sale of 5 149 Mass. 6, 104. drugs and medicines, nor articles ordered by the prescription of 6

a physician or mechanical appliances used by physicians or sur- 7
geons, nor the retail sale of tobacco in any of its forms by licensed 8
innholders, common victuallers, druggists and newsdealers whose 9
stores are open for the sale of newspapers every day in the week, 10
nor the letting of horses and carriages or of yachts and boats, nor 11
the running of steam ferry boats on established routes, nor the 12
running of street railway cars, nor the preparation, printing and 13
publication of newspapers, nor the sale and delivery of newspapers, 14
nor the wholesale or retail sale and delivery of milk, nor the 15
transportation of milk, nor the making of butter and cheese, nor 16
the keeping open of public bath houses, nor the making or selling 17
by bakers or their employees, before ten o'clock in the morning 18
and between the hours of four o'clock and half past six o'clock in the 19
evening, of bread or other food usually dealt in by them. 20

1

SECTION 4. Whoever conscientiously believes that the seventh 1 day of the week ought to be observed as the Sabbath, and actually 2 refrains from secular business and labor on that day, shall not be 3 liable to the penalties of section two for performing secular busi- 4 ness and labor on the Lord's day if he disturbs no other person. 5

Observarce of
Saturday as
Sabbath.
R. S. 50, $ 10.
G. S. 84, § 9.
P. S. 98, § 13.
1887, 391, $ 3.
122 Mass. 40.

143 Mass. 28.

144 Mass. 359.

1 SECTION 5. The provisions of the preceding sections shall not certain enter: 2 be held to prohibit the giving, being present at, or taking part on prohibited

. 3 the Lord's day in, a concert of sacred music or an entertainment 1895, 134, § 4. 4 given by a religious or charitable society the proceeds of which, if 5 any, are to be devoted exclusively to a charitable or religious pur6 pose, or a free open air concert given by a city or town, or by license 7 of the mayor and aldermen of a city or the selectmen of a town, 8 upon a common, public park, street or square.

1 SECTION 6. Whoever, keeping a house, shop, cellar or place Persons keep2 of public entertainment or refreshment, entertains therein on the entertainment

, 3 Lord's day any persons other than travellers, strangers, or lodgers, een toenter4 or suffers such persons on said day to abide or remain therein, or travellers, etc. 5 in the yards, orchards, or fields appertaining to the same, drinking lot. 6 or spending their time idly or at play, or in doing any secular busi- 1740-1 2094 7 ness, shall be punished by a fine of not more than fifty dollars for 1791

, 5*, 3. 8 each person so entertained or suffered so to abide or remain ; and 182, 104, *5. 9 upon subsequent conviction, by a tine of not more than one hundred 5.47 13. 10 dollars; and if convicted three times, he shall thereafter be dis- 187, 283, $ 1. 11 qualified to hold a license.

G. S. 84, $ 3.

1864, 79.

P. S. 98, $ 4.

2 Pick. 139.

1 SECTION 7. An innholder or other person who, being licensed Innholders not 2 to keep a place of public entertainment, entertains or suffers to persons on 3 remain or be in his house, yard or other places appurtenant, any Sunday even4 persons other than travellers, strangers or lodgers in such house, 151, ASME 5 drinking and spending their time there, on the Lord's day, or un 6 the evening preceding the same, shall be punished by a fine of not P.S. 48, 45. 7 more than five dollars for each offence.

R. S. 50, $ 6.
G, S. 84, $ 5.

1 SECTION 8. A civil process shall not be served or executed on Writs, etc., not 2 the Lord's day, and such service if made shall be void, and the Lord's day 3 person who serves or executes it shall be liable in damages to the 178738... 4 person aggrieved in like manner as if he had no such process.

R. S. 50, $ 7.

G. S. 84, § 6.

P. S. 98, $ 6.

140 Mass. 148.

1 SECTION 9. Whoever, on the Lord's day, behaves rudely or in- Penalty for 2 decently within the walls of any house of public worship shall be 1722, 23, $ 9.

1791, 58, $7. 3 punished by a fine of not more than ten dollars. R. S. 50, $ 8. G. S. 84, $ 7.

P. S. 98, $ 7.

1 SECTION 10. Prosecutions for penalties incurred under the pre- Prosecutions, 2 ceding provisions of this chapter shall be commenced within six wbtinute 3 months after the offence was committed. R. S. 50, § 11. G. S. 84, § 10.

P. S. 98, $ 8.

1815, 135.

1 SECTION 11. Sheriffs, constables and grand jurors shall inquire Sheriffs, etc., 2 into and inform of all offences against the provisions of this chapter, offences.

17:27-8, 5, $ 5. 3 and cause the same to be enforced.

1791,58, $$ 10, 12. R. S. 50, $ 9. G. S. 84, § 8.

P. 8. 98, $ 9.

1 SECTION 12. Whoever, on the Lord's day, discharges any fire- Penalty for dis2 arm for sport or in the pursuit of game, or attempts to take or catch arms, etc., on 3 any fish by using any hook, line, net, spear or other implement, 1865, 23.3.

day.

P.: S. 98, $$ 10- shall be punished by a fine of not more than ten dollars. Prosecu- 4

tions under the provisions of this section shall be commenced 5 within thirty days after the time the offence was committed.

6

Innholders who permit

used, etc. 1854, 150, $ 1. G. S. 84, § 11. P. S. 98, $ 14.

SECTION 13. Any innholder, common victualler or person keep- 1 implements of ing or suffering to be kept in any place occupied by him implements 2

such as are used in gaming, in order that the same may for hire, 3 gain or reward be used for purposes of amusement, who, on the 4 Lord's day, uses or suffers to be used any such implements upon 5 any part of his premises, shall for the first offence be punished by a 6 fine of not more than one hundred dollars or imprisonment for not 7 more than three months; and for each subsequent offence by im- 8 prisonment for not more than one year; and in either case shall 9 further recognize, with sufficient sureties, in a reasonable sum for 10 his good behavior, and especially that he will not be guilty of any 11 offence against the provisions of this section for three months after 12 the date of his recognizance.

13

Rule as to
steamboat lines
and trains.
1881, 119.
P. S. 98, $ 15.
1887, 391, $ 3.

SECTION 14. The board of railroad commissioners may authorize 1 the running, on the Lord's day, of such steamboat lines and such 2 trains upon any railroad, as, in the opinion of the board, the publie 3 necessity and convenience require, having regard to the due obser- 4 vance of the day.

5

- a to steam.
boats.
1897, 389.

SECTION 15. The board of railroad commissioners may, if in 1 their opinion the public necessity, convenience, health or welfare 2 so requires, authorize the running of steamboats on the Lord's day 3 for the entire year or any part thereof, upon such conditions as they 4 deem judicious to prevent disorderly conduct or the disturbance of 5 public worship; and may at any time revoke such authority. 6

“ Lord's day," defined.

SECTION 16. The Lord's day shall include the time from mid- 1 night to midnight.

2

1782, 23, $ 6.

1791, 58, $ 4.

1844, 160, $ 2.

G. S. 84, § 12.

P. S. 98, § 16.

This chapter
not a defence.
1877, 232.
P. S. 98, $ 3.
1884, 37.
140 Mass. 199.
165 Mass. 346.
125 U.S. 555.

SECTION 17. The provisions of this chapter shall not constitute i a defence to an action for a tort or injury suffered by a person on 2 the Lord's day.

3

CHAPTER 99.

OF GAMING.

Recovery of money, etc.,

1736-7, 17, $ 2. 1742–3, 27, $ 2. 1785, 58, $ 2. R. S. 50, $ 12. G. 8, 85, $ 1. P. S. 99, § 1. 1895, 419, $ 11. 17 M:98. 500. 3 Pich. 446. 8 Gray, 243. 1 Allen, 563. 116 Mass. 272. 133 Mass. 127, 466. 134 Mass. 150, 471. 136 Mags, 525, 564,

Section 1. Whoever, by playing at cards, dice or other game, 1 lost at gaming. or by betting on the sides or hands of those gaming, loses to a person 2

so playing or betting money or goods, and pays or delivers the 3 same or any part thereof to the winner, or whoever pays or delivers 4 money or other thing of value to another person for or in considera- 5 tion of a lottery, policy or pool ticket, certificate, check or slip, 6 or for or in consideration of a chance of drawing or obtaining 7 any money, prize or other thing of value in a lottery or policy 8 game, pool or combination, or other bet, may sue for and recover 9 such money or goods in an action of contract; and if he does not 10 within three months after such loss, payment or delivery, without 11 12 covin or collusion, prosecute with effect for such money or goods, 13 Mass. 280. 13 any other person may sue for and recover treble the value thereof 170 Mass. 146. 14 in an action of tort.

gam.

134 Mass. 150. 143 Mass. 280. 154 Mass. 318.

1785, 58, $ 1.

1 SECTION 2. The owner, tenant or occupant of a house or build- Liability of 2 ing in which money or goods are lost, paid or delivered in any form in house 3 of gaming referred to in the preceding section, or by betting on the C.$.$$2. 4 sides or hands of those gaming, with the knowledge or consent of 1835, 419, 5 *12. 5 said owner, occupant, or tenant, shall be liable to an action in the 110 Mass. 272. 6 same manner and to the same extent as the winner or receiver 12 Mass. 497 7 thereof is liable by the provisions of the preceding section. 1 SECTION 3. Notes, bills, bonds, mortgages or other securities or Notes, convey 2 conveyances the whole or a part of the consideration of which is ances, etc. for 3 money or goods won by gaming or playing at cards, dice or any 17123; 27; 1: 4 other game, or by betting on the sides or hands of persons gaming, 12 A 5 or for repaying or reimbursing money knowingly lent or advanced 8.5.56 15. 6 for gaming or betting, or lent and advanced at the time and place PS, 99, 5. 7 of such gaming or betting to a person so gaming or betting, shall 151 Mass. 118. 8 be void as between the parties thereto, and as to all persons ex9 cept such as hold or claim under them in good faith and without 10 notice of the illegality of the consideration. If a mortgage or other 11 conveyance of land is adjudged void under the provisions of this 12 section, the land shall inure to the sole use and benefit of such 13 person as would be then entitled thereto if the mortgagor or grantor 14 were dead; and all grants or conveyances for preventing such land 15 from devolving upon the person to whose use and benefit said land 16 would so inure shall be deemed fraudulent and void.

168 Mass, 283. 174 Mass. 238.

1 SECTION 4. Whoever contracts to buy or sell securities or com- Dealing in 2 modities, upon credit or margin, having at the time of contract no out actual sale. 3 intention to perform the same by the actual receipt or delivery of 133.3 4 such securities or commodities and by payment of the price, or 5 whoever employs another so to buy or sell on his behalf, may, in 177 Mass. 218. 6 an action of contract, recover from the other party to the contract, 7 or from the person so employed, any payment made or the value of 8 anything delivered, if the defendant had reasonable cause to believe 9 that no intention to actually perform existed.

1 SECTION 5. If, in a case under the provisions of the preced- Stolen, eta 2 ing section, the money or property paid or delivered has been covered by 3 stolen, embezzled or fraudulently or wrongfully used by the party 1990, 437, $ 3. 4 entitled under the provisions of said section to sue therefor, the 5 person to whom it rightfully belongs may recover it in an action 6 of contract in his own name.

receive and deliver,

1 SECTION 6. In any proceeding under the provisions of the two Prima facie 2 preceding sections, the fact that the seller or the person who em- fentent not to 3 ploys another to sell in his behalf did not own such securities or 4 commodities at the time of the contract of sale or at the time of the 18:40, 137, $ 4. 5 giving of the order to sell, and the fact that settlements had been 6 made without actual delivery and receipt of the securities or com7 modities bought, sold or ordered to be bought or sold, shall each be 8 prima facie evidence against both contracting parties, and against

the person employed by either of them to make such contract in 9 his behalf, that no intention originally existed to actually receive 10 and deliver the subject of such contracts, and that the contracting 11 parties, the person employed to make such contracts and any em- 12 ployee of them or either of them had reasonable cause to believe that 13 no intention to actually perform existed ; and the parties liable to 14 an action under the provisions of the two preceding sections shall 15 be jointly and severally liable.

16

" Securities"
and “com.
modities"
defined.
1890, 437, $ 1.

SECTION 7. In the three preceding sections, the word “securi- 1 ties” shall include all evidences of debt or property and options for 2 the purchase and sale thereof, shares in any corporation, joint stock 3 company or association, bonds, coupons, scrip, rights, choses in 4 action and other evidences of debt or property and options for the 5 purchase or sale thereof; and the word commodities "shall include 6 everything movable that is bought and sold.

7

CHAPTER 100.

OF INTOXICATING LIQUORS.

SECTIONS 1-2. – Definition and Sale.
SECTIONS 3–9. — Board of License Commissioners.
SECTIONS 10–16. — Granting of Licenses.
SECTION 17.- Conditions of Licenses.
SECTION 18.- Classes of Licenses.
SECTIONS 19-20. — Fees for Licenses.
SECTIONS 21–29. — Druggists and Apothecaries.
SECTIONS 30–32. — Licenses to Dealers in Paints and Chemicals.
SECTION 33.— Importation in Original Package.
SECTIONS 34-41.- Regulation of Licensed Places.
SECTIONS 42–45. — Bond and Transfers of Licenses.
SECTIONS 46–90. — Penalties for Illegal Sale or Transportation.

Seizure. Civil Damages.

DEFINITION AND SALE.

Sale regulated.
C. L. 79, $ 3.

1703-4, 5, $ 5. 1786, 68, SS 1, 4.

1838, 157, $ 1. 1850, 232, $ 1. 1852, 322, $ 1. 1854, 400.

SECTION 1. No person shall sell, or expose or keep for sale, 1 C. L. 8, 381,6. spirituous or intoxicating liquor, except as authorized in this 2 1701–2, 13, 35. chapter ; but the provisions of this chapter shall not apply to sales 3

made by a person under a provision of law which requires him to 4 1832, 13 S 13: sell personal property, or to sales at wholesale, by the manufact- 5 R.S. 47, $š 1, 3, urers thereof, of cider manufactured in this commonwealth, or to 6

sales in any quantity by farmers who raise apples sufficient to make 7

the cider which they sell, if it is not drunk on their premises; nor 8 1855 , 215, $$ 1,3. shall the provisions of this chapter apply to sales, by the makers 9

thereof, of native wines or of cider manufactured in this common-10 1869, 415, š$ 30, wealth, if the cider does not contain more than three per cent of 11.

alcohol by weight at sixty degrees Fahrenheit, not to be drunk on 12 their premises.

13

G. S. 86, § 29. 1868, 141, $ 1.

31.
1875, 99, $ 1.
P. S. 100, $ 1.
1894, 489.

126 Mass. 248.
128 Muss. 75, 414.
130 Mass. 08.
136 Mass. 160, 431.

137 Mass. 564.
141 Mass. 270.
143 Mass, 503.
145 Mass. 119.

121 Mass. 353, 374, 377.
149 Mass. 314,

160 Mass. 172, 300. 152 Mass. 493.

162 Mass. 515. 153 Mass. 205.

167 Mass, 553. 156 Mass. 233.

173 Mass. 252.

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