SECT. 137. Every person, who shall keep or maintain a disorderly Keeping a dishouse, a house where lewd, dissolute, or drunken persons resort, or orderly house. a house where drinking, carousing, dancing, or fighting, is permitted to the disturbance of the neighbors, shall be punished by a fine, not exceeding one hundred dollars, or by imprisonment in a common jail, for a term not exceeding three months, or by such fine and imprisonment both.

1846.

Keeping or fre

houses of ill

SECT. 138. Every justice of the peace may, on the complaint of 1845. any informing officer, require sureties of the peace and good behavior quenting houses from any person who shall be guilty of frequenting, keeping, or reputed to be maintaining, houses reputed to be houses of bawdry and ill fame, fame. and every person being so ordered to find sureties of the peace and good behavior, who shall neglect, or refuse, to comply with such order, may, by said justice, be committed to the common jail in the county where the offense was committed, or to the work-house in the town where the offense was committed, for a term not exceeding thirty days; and the bond required, as aforesaid, shall be taken to the treasurer of the town where the offense was committed, and from said order the accused shall have the right to appeal to the next superior court in the county within which the offense was committed.*

Costs of prosecu

SECT. 139. When any person, prosecuted under the next preced- 1845. ing section of this act, shall be required to procure sureties of the tion, how paid. peace and good behavior, such person shall pay the costs of prose cution, and, on failure so to do, shall be imprisoned in the workhouse in the town where such prosecution shall have been had, or in the common jail, at the discretion of the court having cognizance thereof, until such costs shall be paid and satisfied.

1856. Effect of a con

ing bond.

SECT. 140. Whenever any person shall have been convicted of the crime of frequenting, keeping, or maintaining a house, reputed to viction after givbe a house of bawdry and ill fame, and shall have entered into a bond of recognizance, in pursuance of the provisions of the one hundred and thirty-eighth section of this act, and shall, at any time, within six months thereafter, be again convicted of the same offense, the bond of recognizance taken in said first conviction shall, by said second conviction, become forfeited; and the treasurer of the town, in which said bond shall have been taken, shall bring an action in the name of said town, for the amount of said bond of recognizance, before a court having cognizance of the amount of said bond, and pursue the same to judgment, and, when collected, shall pay the same into the treasury of such town.

quired.

SECT. 141. The record of the second conviction of any person of Evidence resaid offense shall be conclusive evidence of the breach of such bond, before any court having cognizance of the action.

1852. Keeping, &c., a dance house,

place of assigna

tion.

SECT. 142. Every person, who shall keep a dance house, so called, or place where persons meet to dance, which shall be by reputation a house or place of assignation for the purposes of prostitution or reputed to be a lewdness; or who shall reside in or frequent such house or place for the purpose aforesaid, shall be punished by a fine not exceeding one hundred dollars, nor less than seven dollars, or by imprisonment in a common jail for a term not exceeding six months, nor less than thirty days, or by such fine and imprisonment both.

SECT. 143. Every woman, who shall conceal her pregnancy, and

*Justice has no power to bind to county court. Darling v. Hubbell, 9 C. R. 350. See State v. Maine, 31 C. R. 592.

of a bastard child.

Secret delivery shall willingly be delivered, in secret, by herself, of any issue of her body, male or female, which by law is a bastard, shall pay a fine, not exceeding one hundred and fifty dollars, or be imprisoned in a common jail, not exceeding three months.

Concealment of

child.

SECT. 144. Every woman, who shall endeavor to conceal the death death of bastard of any such issue of her body, which, if it were born alive, would be a bastard, so that it may not come to light, whether it were born alive or not, or whether it were murdered or not, shall pay a fine, not exceeding three hundred dollars, and be further punished by being bound to her good behavior, and imprisoned in a common jail, for a term not exceeding one year.

CHAPTER VIII.

OF OFFENSES AGAINST PUBLIC POLICY.

1864.

SECT. 145. Any person who shall willfully sell, or offer to sell, Selling diseased the flesh of any animal or fowl, which was killed when diseased, or flesh, or fowl. which died of disease, shall pay a fine not exceeding one hundred dollars, or suffer imprisonment in a common jail, not exceeding six months.

Emitting bills of credit.

1859.

ing promissory

currency or medium of trade.

SECT. 146. Every person, who, without special authority from the general assembly of this state, shall emit and utter any bill of credit, or make, sign, draw, or indorse, any bond, promissory writing, or note, bill of exchange, or order, to be used as a general currency, or medium of trade, instead of money, and every person, being a member of any corporation which shall do either of said acts, who shall assent thereto, shall be punished by fine, not exceeding six hundred dollars, nor less than one hundred dollars, and be imprisoned in a common jail, not less than three months, nor more than one year.

SECT. 147. Every person, who, without special authority from the Making or issu- general assembly of this state, shall make, sign, or draw, any promnotes, &c., to be issory writing, order, or due bill, payable in money, goods, or other used as a general valuable thing, to be used as a general currency or medium of trade, or shall sell, circulate, or dispose of such promissory writing, order, or due bill, with knowledge that the same has been, or is to be used as a general currency, medium of trade, or in place of money, or bank notes, shall be punished by a fine, not exceeding six hundred dollars, nor less than one hundred dollars.

Passing such bills.

SECT. 148. Every person, who shall vend, utter, or pass, any bill of credit, bond, promissory writing, or note, bill of exchange, or order, made, signed, drawn, or indorsed, to be used as a general currency, or medium of trade, instead of money, without lawful authority from the general assembly of this state, or from the proper and lawful authorities of some other state, district, territory, or country, except bills or notes issued by the incorporated banks in said states, districts, territories, or countries, knowing the same to have been made, signed, drawn, or indorsed, for the purposes aforesaid, without such lawful authority, and every person, being a member of any corporation which shall do either of said acts, who shall

assent thereto, shall be punished by fine, not exceeding one hundred dollars, nor less than twenty dollars.

sale of property,

SECT. 149 Every person, who shall set up any lottery to raise Lotteries for the and collect money, or for the sale of any property, and every person &c. who, by wagers, shooting, or any kind of hazard, shall sell, or dispose of, any kind of property, or set up a notification to induce people to bring and deposit property to be disposed of in any such manner, or to risk their money, or credit, for the purposes of any such sale, or disposition, shall be punished by fine, not exceeding one hundred dollars, nor less than twenty dollars, or by imprisonment in a common jail, for a term not exceeding one year, nor less than sixty days.

1830.

SECT. 150. Every person, who shall, within this state, sell any sale of foreign lottery ticket, or tickets, or any part, portion, or interest therein, or lottery tickets. any paper purporting to be a ticket, or part, portion, or interest therein, or open, or keep, any office, shop, or store, for the purpose of selling, or procuring, any lottery ticket, or tickets, or paper, as aforesaid, or any part, portion, or interest therein, or act as a broker, factor, or agent, in buying, selling, or procuring to be bought, or sold, or disposed of, in any way whatever, any such ticket or tickets, or any part, portion, or interest therein, or in effecting, or endeavoring to effect, any contract in regard thereto, or shall set up, exhibit, or publish, or cause to be set up, exhibited, or published, within this state, any written, or printed, proposals to buy, sell, or procure, any such ticket, or tickets, or any part, portion, or interest therein, shall be punished by fine, not exceeding three hundred dollars, nor less than fifty dollars, or by imprisonment in a common jail, not less than two months, nor more than one year.*

SECT. 151. Every person, who shall bet a wager, upon any horse- Horse racing. race, or be concerned in making up any purse for such race,

any

shall be punished, by fine, not exceeding fifty dollars, nor less than ten dollars.

SECT. 152. Every person, who shall be a stakeholder of any sum Same subject. of money, or of any other thing betted, staked, or wagered, upon any horse-race, or shall print, or cause to be printed, any paper, notifying or advertising any horse-race, or shall be the rider of any horse, or horse kind, in any race upon which any bet or wager been made, shall be punished by fine, not exceeding thirty dollars, nor less than eight dollars.

shall have

horse racing, &c.

SECT. 153. Every horse, or horse kind, used or employed in any Forfeiture for horse-race, and on which any bet or wager is laid, or any purse or stake is made, shall thereby be forfeited to the state, and may at any time, within six months thereafter, be seized by any constable, or grand juror, of the town in which such race shall have been run, or by the attorney for the state in the county in which such town is; and in case of such seizure, the informing officer, making the same, shall make information against such horse, or horse kind, to the next superior court in such county, and said court shall proceed to hear and determine such information; and in case such horse, or horse kind, shall be adjudged forfeited, such court shall order a sale thereof, at public vendue, or at private sale, and direct the avails thereof, after deducting the expenses of such seizure, information, and sale, to be paid into the treasury of this state.

SECT. 154. Every person, who shall play at cards, dice, tables, or

*Sale of foreign lottery tickets. Terry v. Olcott, 4 C. R. 442.

Playing at cards, billiards, for money, or other valuable thing, shall pay a fine of four &c., for money. dollars for every offense.

permitting cards,

Heads of families SECT. 155. Every person, being the head of a family, in whose &c., to be played house any game at cards, dice, tables, or billiards, is so played, with in their houses. his knowledge or consent, shall pay a fine of four dollars, for each time that any such game is so played.

ments used

gaming.

Innkeepers, &c., SECT. 156. Every taverner, innkeeper, or victualer, who shall keeping imple-have, or keep, in or about his house, or any of the appurtenances thereof, any cards, dice, tables, or billiards, or any other implement used in gaming, or who shall suffer any person or persons resorting to his house, to use or exercise any of the said games, or any other unlawful game within his house, or any of the appurtenances thereof, shall, for every such offense, pay a fine of seven dollars.

Playing at games of hazard, and

suffering them to be played, &c.

1851.

Officers, to apprehend, on view, persons playing at unlawful games.

Faro banks.

Ninepin alleys

selectmen, or by

SECT. 157. Every person, who shall win, or lose, any money, or any valuable thing, by play, or hazard, at cards, dice, E. O. table, tables, billiards, tennis, bowls, shuffleboard, or other game or games, whatsoever, or by betting on such play, or hazard, or by sharing in any stake, wager, or adventure of others, who bet, play, or hazard, as aforesaid; and every taverner, innkeeper, or other person, who shall consent to, or suffer such playing, or hazarding, to be practiced in his house, or its appurtenances, or in any building, or place, in his occupation, if any money, or other valuable thing, shall be won or lost thereby, shall be punished by fine, not exceeding one hundred dollars, nor less than twenty dollars.

SECT. 158. Sheriffs, constables, grand jurors, and tything men, upon view, and without warrant, shall apprehend every person who shall play at cards, dice, tables, or billiards, for money or other valuable thing, and carry him before the next justice of the peace, that he may be dealt with according to law; and the justice of the peace before whom such person is brought shall, on oath of the officer apprehending him, issue a warrant and cause him to be arrested, and shall proceed to a hearing and trial of such matter of complaint.

SECT. 159. Every person, who shall own, or shall have any share, part, or interest, in any bank, commonly called a faro bank, or in any other bank, capital stock, or fund, raised or established for gaming, shall be punished by fine, not exceeding one hundred dollars, nor less than twenty dollars.

1841. SECT. 160. Every person, who shall keep in his custody or pos prohibited, unn session, or in any house, or building, or its appurtenances, or in any less licensed by place in his occupation, any ninepin alley, so called, or place for city authorities. playing bowls, skittles, or ninepins, whether more or less than nine pins are used in such play, shall be punished by fine, not exceeding fifty dollars, nor less than seven dollars; but the selectmen of any town may, by an instrument in writing under their hands, authorize such an alley to be kept at any place in their respective towns, not included within the limits of any city, or borough, duly incorporated by the laws of this state; and the mayor, aldermen, and common council, of any such city, or a majority of them, or the warden, and a majority of the burgesses of any such borough, may, in like manner, authorize snch an alley to be kept at any place in such city, or borough, respectively, when said selectmen, or said other authorities, shall be satisfied that the same will be used solely for the purposes of health and recreation, in which case said penalty shall not be incurred; and said selectmen, or said other authorities, shall revoke the liberty given by them, whenever any such alley shall be used contrary to the intent of this section. One half the penalty recov

posed of.

ered, and actually received, from any person, for any violation of this Penalty, how dissection, shall be paid, under the order of the court having cognizance of the offense, to the person who shall complain, and furnish evidence, to any informing officer, of such violation."

Billiard tables

SECT. 161. Every person, who shall keep in his custody or pos- 1848. session, or in any house, or building, or its appurtenances, or in any prohibited, unplace in his occupation, one or more billiard tables, shall be punished less licensed. by a fine, not exceeding two hundred dollars; but the selectmen and grand jurors of any town, or the major part of such selectmen and grand jurors, may, by an instrument in writing under their hands, authorize one or more billiard tables to be kept at any place in their respective towns, not included within the limits of any city, or borough, duly incorporated by the laws of this state; and the mayor, aldermen, and common council, of any such city, or a majority of them, or the warden, and a majority of the burgesses of any such borough, may, in like manner, authorize one or more billiard tables to be kept at any place in such city, or in such borough, respectively, when said selectmen, or said other authorities, shall be satisfied that the same will be used solely for the purposes of health and recreation, in which case said penalty shall not be incurred; and said selectmen, Licenses may be and grand jurors, or said other authorities, shall revoke the liberty by them given, whenever they shall be satisfied that such table, or tables, are used contrary to the intent of this section. One half the penalty recovered from any person for a violation of this section, posed of. shall be paid, under the order of the court having cognizance of the case, to the person who shall complain, and furnish evidence of such violation.

revoked.

Penalty, how dis

Exhibiting fight

SECT. 162. Every person, who shall keep any store, house, shop, 1862. or other place, within or upon which any cocks, dogs, or other ani- ing cocks, or mals, by consent of such person, shall be suffered to fight, upon ex- other animals, hibition, or for sport, or upon any wager, shall be punished by a fine not exceeding seven dollars, or imprisonment in a common jail, not exceeding thirty days, or by such fine and imprisonment both.

&c.

Being present, st, abetting cock

SECT. 163. Every person, who shall be present at any exhibition where any cocks, dogs, or other animals shall be suffered to fight or inc. upon any wager, or for sport, or who shall aid, abet, assist, or give countenance thereto, shall be punished by a fine, not exceeding seven dollars.

SECT. 164. If any company of players, or persons whatever, shall, Theatrical exhiwithout permission as hereinafter provided, exhibit any tragedies, bitions. comedies, farces, or other dramatic pieces, or compositions, or any pantomimes, or other theatrical shows whatever, in any public theatre, or elsewhere in this state, with views of gain, and from which they shall demand and receive from the spectators of such shows and exhibitions, or others, any sum or sums of money, as a reward for their services therein, or under color of a gratuity therefor, each person so exhibiting shall forfeit the sum of fifty dollars, one half to him who shall sue for the same, and prosecute the suit to effect, and the other half to the treasurer of the county where the offense shall have been committed.

mountebanks,

SECT. 165. Every mountebank, tumbler, rope-dancer, or master Exhibitions by of puppet-shows, or other person, who shall, without permission as tumblers, dec. hereinafter provided, exhibit, or cause to be exhibited, on any public stage, or place whatever, within this state, any games, tricks, plays, shows, tumbling, rope-dancing, puppet-shows, or feats of uncommon dexterity or agility of body, shall forfeit, for every such offense, a