OF THE OBSERVANCE OF THE FIRST DAY OF THE WEEK, AND to be kept open week, etc. (1574.) SECTION 1. No person shall keep open his shop, Shops, etc., not warehouse or workhouse, or shall do any manner of labor, on first day of business or work, except only works of necessity and charity, 2 Doug. Mich. 73. or be present at any dancing, or at any public diversion, show or entertainment, or take part in any sport, game or play, on the first day of the week; and every person so offending shall be punished by a fine not exceeding ten dollars for each offence. (1575.) SEC. 2. No tavern keeper, retailer of spirituous Keepers of Pub liquors, or other person keeping a house of public entertain-entertain, except ment, shall entertain any persons, not being travelers, strangers lic Houses not to on first day of week. Travelers, etc., or lodgers in his house, on the said first day of the week, or shall suffer any such person on said day to abide or remain in his house, or in the buildings, yards, or orchards or fields appertaining to the same, drinking, or spending their time idly, or at play, or in doing any secular business. Penalty for violating preceding (1576.) SEC. 3. Every person offending against any of the Section. provisions of the last preceding section, shall be punished by a fine not exceeding five dollars for each person so entertained, or suffered so to abide or remain; and upon any conviction after the first, such offender shall be punished by a fine not exceed ing ten dollars; and if convicted three times, he shall be afterwards incapable of holding a license; and every person so abiding or drinking shall be punished by a fine not exceeding five dollars. Public diversions, etc. Between what hours Civil Pro executed. (1577.) SEC. 4. No person shall be present at any game, sport, play, or public diversion, or resort to any public assembly, excepting meetings for religious worship or moral instruction, or concerts of sacred music, upon the evening of the said first day of the week; and every person so offending shall be punished by a fine not exceeding five dollars for each offence. (1578.) SEC. 5. No person shall serve or execute any civil cess not to be process from midnight preceding, to midnight following the 3 Mich. Rep. 280. said first day of the week; but such service shall be void, and the person serving or executing such process, shall be liable in damages to the party aggrieved, in like manner as if he had not had any such process. Disturbance of Religious Meetings. Persons observing Seventh Day ble, etc. (1579.) SEC. 6. If any person shall, on the said first day of the week, by rude and indecent behavior, or in any other way, intentionally interrupt or disturb any assembly of people met for the purpose of worshiping God, he shall be punished by a fine not less than two, nor more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days. (1580.) SEC. 7. No person who conscientiously believes that of Week, not la- the seventh day of the week ought to be observed as the Sabbath, and actually refrains from secular business and labor on that day, shall be liable to the penalties provided in this chapter, for performing secular business or labor on the said first day of the week, provided he disturb no other person. What time included in First (1581.) SEC. 8. For the purposes of the provisions of this Day of the Week. chapter, the said first day of the week shall be understood to include all the time between the midnight preceding and the midnight following the said day; and no prosecution for any time for Prosecu fine or penalty incurred under any of the preceding provisions Limitation of of this chapter, shall be commenced after the expiration of tion. three months from the time when the offence shall have been committed. GAMING. by Betting, may 3 Denio, 103. (1582.) SEC. 9. If any person shall, by playing at cards, Money, etc., lost dice, or any other game, or by betting on the sides or hands be recovered." of such as are gaming, or by any betting whatever, lose to any person so playing, or betting, any sum of money, or any goods 3 McLean R. 100. whatever, and shall pay and deliver the same, or any part' thereof to the winner, the person so paying or delivering the same, may sue for and recover such money, in an action for money had and received to the use of the plaintiff, and such goods, in an action of replevin, or the value thereof, in an action of trover, or in a special action on the case. (1583.) SEC. 10. If the person so losing said money or goods, When winner shall not, within three months after such loss, without covin or collusion, prosecute with effect for such money or goods, the winner to whom such money or goods shall have been so paid or delivered shall be subject to a fine not exceeding three times the value of such money or goods. subject to Fine. and Defendant. (1584.) SEC. 11. In any suit to be brought by the person so oath of Plaintiff losing any such money or goods, against the person receiving the same, when it shall appear from the declaration that the said money or goods came to the hands of the defendant by gaming, if the plaintiff shall make oath before the Court in which such suit is pending, that the said money or goods were lost by gaming with the defendant as alleged in the declaration, judgment shall be rendered that the plaintiff recover damages to the amount of the said money or goods, unless the defendant will make oath that he did not obtain the same, or any part thereof, by gaming with the plaintiff; and if he shall so discharge himself, he shall recover of the plaintiff his costs; but the plaintiff may, at his election, maintain and prosecute his action according to the usual course of proceeding in such actions at common law. winning or losing (1585.) SEC. 12. Every person who shall win or lose, at any Forfeiture for time or sitting, by gaming or betting on the hands or sides of to value of five such as are gaming, any money or goods to the value of five dollars or more, whether the same be paid over or delivered, dollars. Certain Notes, or not, shall forfeit and pay three times the value of such money or goods: Provided, that a prosecution shall be commenced therefor within six months after the committing of the offence. (1586.) SEC. 13. All notes, bills, bonds, mortgages, or other how far void. securities or conveyances whatever, in which the whole or any part of the consideration shall be for any money or goods, won by playing at cards, dice, or any other game whatever, or by betting on the sides or hands of such as are gaming, or 1 Cushing, 488. by any betting or gaming whatever, or for reimbursing or repaying any moneys knowingly lent or advanced for any gaming or betting, shall be void and of no effect, as between the parties to the same, and as to all persons, except as to those who hold or claim under them in good faith, and without notice of the illegality of such contract or conveyance. Lands in certain cases to enure to who would be en etc., were dead. (1587.) SEC. 14. Whenever any mortgage or other conveybenefit of person ance of land shall be adjudged void under the provisions of titled if grantor, the preceding section, such lands shall enure to the sole benefit of such person or persons as would be entitled thereto, if the mortgagor or grantor were naturally dead; and all grants and conveyances for preventing such lands from coming to or devolving upon the person or persons to whose use and benefit the said lands would so enure, shall be deemed fraudulent and of no effect, except as against purchasers in good faith, and without notice of the illegality of such mortgage or other conveyance. Penalty for keep ing Billiard Table, etc. (1588.) SEC. 15. If any person shall keep, or knowingly or Gaming house, suffer to be kept, in any house, building, yard, garden, or dependency thereof, by him actually used or occupied, any table for the purpose of playing at billiards for hire, gain, or reward, or shall, for hire, gain, or reward, suffer any person to resort to the same, for the purpose of playing at billiards, cards or dice, or any other unlawful game, every person so offending shall, for each and every such offence, forfeit a sum not exceeding one hundred dollars, and shall further recognize, with sufficient sureties, in such reasonable sum as the Court shall direct, for his good behavior, and especially that he will not be guilty of any offence against the provisions of this chapter, for the term of one year then next ensuing. Penalty for keeping ninepin alley, etc. (1589.) SEC. 16. If any person shall keep, or knowingly suffer to be kept, in any house, building, yard, garden, or dependency thereof, or in any field by him owned or occupied, any nine-pin alley, or any alley to be used in the playing of nine-pins, or any other like game, whether to be played with one or more balls, or with nine or any other number of pins, for hire, gain, or reward, or shall, for hire, gain, or reward, suffer any person to resort to the same for the purpose of 1 Cushing, 270. playing at any such game, every such person so offending shall, for every such offence, forfeit a sum not exceeding fifty dollars, and shall further recognize for his good behavior, in like manner as is required of a person convicted of any offence. mentioned in the preceding section. ing in certain (1590.) SEC. 17. If any person shall play at billiards, cards, Penalty for playdice, nine-pins, or any other unlawful game, at any such table cases. or alley, kept or used as mentioned in the two last preceding sections, he shall forfeit a sum not less than two dollars, nor more than ten dollars for each offence. When Warrant shall issue to arrest persons found playing in etc. (1591.) SEC. 18. If any person shall make oath before any Justice of the Peace that he suspects, or has probable cause to suspect, that any house or other building is unlawfully Gaming House, used as and for a common gaming house, for the purpose of gaming for money or other property, and that idle and dissolute persons resort to the same for that purpose, such Justice, whether the name of the persons last mentioned are known to the complainant or not, shall issue a warrant, commanding the Sheriff or any constable to enter into such house or building, and there to arrest all persons who shall be there found playing for money, or otherwise, and also the keepers of the same, and to take into their custody all the implements of gaming there found, and to bring the said persons and implements before such Justice, to be dealt with according to law. |