ART. 5. charged re $ 54. It shall be the duty of the presiding judge of every Grand jucourt of oyer and terminer, and of every court of general ries to be sessions of the peace, specially to charge every grand jury to specting inquire into all violations of the laws against lotteries, and cle against the unlawful selling of tickets in lotteries. See Laws of 1833, ch. 306. ARTICLE FIFTH. OF THE RACING OF ANIMALS. SEC. 55. Racing prohibited; penalty. 56. Duty of public officers to prevent races. 57. Penalty for contributing or collecting purse to be raced for. 58. Penalty on owners and on persons betting. 59 & 60. All racing in New-Utrecht prohibited. this Arti ses prohib $ 55. All running, trotting or pacing of horses, or any other Racing, animals, for any bet or stakes, in money, goods, or other &c., of hor valuable thing, or for any reward to be given to the owner or ited. rider of any animal which shall excel in speed, excepting such as are by special laws for that purpose expressly allowed, shall be deemed racing within the meaning of this Article, and are hereby declared to be common and public nuisances and misdemeanors; and all parties concerned therein, either Penalty. as authors, betters, stakers, stakeholders, judges to determine the speed of the animals, riders, contrivers or abettors thereof, shall be deemed guilty of a misdemeanor, and shall be punished by fine not exceeding five hundred dollars, or by imprisonment not exceeding one year. 1 R. L., 222, § 1 & 6; 7 Cow., 255, 496; 1 D., 170; 3 D., 107. vent races over of $56. It shall be the duty of all officers concerned in the Public offladministration of justice, to attend at the place where they cers to preshall know or be informed that any race is about to be run and bind contrary to the provisions of law, and there give notice of the fenders. illegality thereof, and endeavor to prevent such race, by dispersing the persons collected for the purpose of attending the same, and by all other ways and means in their power. Upon their own view of any persons offending against the provisions of the preceding section, as well as upon the testimony of others, such judges and justices shall issue warrants for the immediate apprehension of the persons so offending, to the end that they may be compelled to enter into recognizances, with sufficient sureties, for their good behavior, and for their appearance at some proper court, to answer for the said offences. [673] lecting $57. Every person who shall contribute or collect, or solicit Penalty for any other person to contribute or collect, any money, goods, contribut or things in action, for the purpose of making up a purse, purse, &c., plate or other valuable thing, to be raced for by any animal to be raced contrary to law, or to be given to the owner or rider of any animal so racing contrary to law, shall forfeit twenty-five dollars, to be sued for and recovered by and in the name of I. - 79 for. TITLE 8. the overseers of the poor of the town where the offence may owners of be committed. 1 R. L., 222, § 2, 3 & 4. Penalty on S 58. The owner, in the whole or in part, of any animal horses, &c., that shall be used or employed, by his permission or privity, and on per- in racing, contrary to law, shall forfeit the value of the animal sons bet ting. Racing in so employed. Every person concerned in laying any bet or wager upon the event of any illegal race, or in contributing to the stakes to be awarded upon any such event, shall forfeit the amount of the bet or wager so made, or of the sum or thing so contributed. The said forfeitures may be sued for and recovered by the overseers of the poor of the town where the offence may be committed. 10 W., 99. $59. All racing and running of animals for the trial of speed within the town of New-Utrecht, in the county of Kings, prohibited. whether the same be for any bet, wager, or stakes, or not, Penalty. Penalty for profane summary [674] shall be deemed a misdemeanor, and the parties concerned therein shall, on conviction, be liable to fine and imprisonment, as declared in the preceding fifty-fifth section. $60. The owner, in whole or in part, of any animal that shall be used or employed, by his permission or privity, in racing, in the town of New-Utrecht, contrary to the provisions of the preceding section, shall forfeit the value of the animal so employed, to be sued for, recovered and applied as directed in the preceding fifty-eighth section. Laws of 1820, 79. ARTICLE SIXTH. OF PROFANE CURSING AND SWEARING. SEC. 61 & 62. Penalty for profane swearing; when summary conviction to be made. 63. Proceedings if penalty be not paid or secured. $61. Every person who shall profanely curse or swear shall swearing; forfeit one dollar for every offence; if the offence be comconviction. mitted in the presence and hearing of any justice of the peace, mayor, recorder or alderman of any city while holding a court, a conviction of the offender shall be immediately made by such magistrate, without any other proof whatsoever. $62. And if, at any other time, the offence be committed, in the presence and hearing of such justice, mayor, recorder or alderman, under such circumstances, as in the opinion of the magistrate, to amount to a gross violation of public decency, such magistrate may, in his discretion, convict the offender without other proof. Ib. other ca- Proceed alty be not paid or se cured. $63. If the offender do not forthwith pay the penalties incurred, with the costs, or give security for their payment within six days, he shall be committed by warrant to the common jail of the county for every offence, or for any number of offences whereof he was convicted, at one and the same time, for not less than one day, nor more than three days, there to be confined in a room separate from all other prisoners. 2 R. L., 195, § 6, 7 & 8. ARTICLE SEVENTH. OF THE DISTURBANCE OF RELIGIOUS MEETINGS. SEC. 64. Prohibition of acts, disturbing meetings for religious worship 65. Penalty; proceedings to collect; summary conviction. 66. Duty of peace officers to apprehend offenders. 67. Judicial officers may order offenders into custody. 68. Proceedings on conviction, if penalty be not paid or secured. ART. 7. for reli be disturb to be sold. S 64. No person shall wilfully disturb, interrupt or disquiet Meetings any assemblage of people met for religious worship, by pro-gious worfane discourse, by rude and indecent behaviour, or by making into a noise either within the place of worship, or so near it as to ed. disturb the order and solemnity of the meeting; nor shall Liquor not any person within two miles of the place where any religious society shall be actually assembled for religious worship, expose to sale or gift, any ardent or distilled liquors, or keep open any huckster-shop in any other place, inn, store or grocery, than such as shall have been duly licensed, and in which such person shall have usually resided or carried on business; nor shall any person, within the distance aforesaid, exhibit any shows, &c., shows or plays, unless the same shall have been duly licensed exhibited. by the proper authority; nor shall any person within the dis- Nor racing tance aforesaid, promote, aid, or be engaged in any racing of or gaming. any animals, or in any gaming of any description; nor shall Highways any person obstruct the free passage of any highway to any obstructed. place of public worship, within the distance aforesaid. 2 R. L., 194, § 4; and Laws of 1824, 374; 3 W., 253; 6 B., 317. not to be not to be $ 65. Whoever shall violate either of the provisions of the Penalty. foregoing section, may be convicted summarily before any Proceedjustice of the peace of the county, or any mayor, recorder, ings to col alderman or other magistrate of any city, where the offence shall be committed, and on such conviction, shall forfeit a sum not exceeding twenty-five dollars, for the benefit of the poor of the county. 17 W., 211. [675) be appre peace offi $66. It shall be the duty of all sheriffs, and their deputies, coroners, marshals, constables, and other peace officers, who Offenders to may be present at the meeting of any assembly for religious hended by worship, which shall be interrupted or disturbed in the man- cers prener herein prohibited, to apprehend the offender, and take him sent. before some justice of the peace, or other magistrate authorised to convict as aforesaid, to be proceeded against according to law. 19 J. R., 40; 10 W., 377; 9 W., 62. dered into $ 67. All judges, mayors, recorders, aldermen, and justices May be orof the peace, within their respective jurisdictions, upon their custody by own view of any person offending against the provisions of Judicial off cers. TITLE 8. Proceed ings if pen alty be not paid or se cured. Certain probe served this Article, may order the offender into the custody of any officer in the preceding section named, or of any official member of the church or society so assembled and disturbed, for safe keeping until he shall be let to bail, or a trial for such offence be had. 3 W., 253. $68. If any person convicted of any of the offences herein prohibited, shall not immediately pay the penalty incurred, with the costs of the conviction, or give security to the satisfaction of the officer before whom the conviction shall be had, for the payment of the said penalty and costs within twenty days thereafter, he shall be committed by warrant to the common jail of the county, until the same be paid, or for such term, not exceeding thirty days, as shall be specified in the warrant. 2 R. L., 194, § 4; and Laws of 1824, 374; 19 J. R., 40; 19 W.. 545. See Laws of 1834, ch. 78; 1845, ch. 228. ARTICLE EIGHTH. OF THE OBSERVANCE OF SUNDAY. SEC. 69. Service of certain process, &c. on Sunday, prohibited and void, &c. 70. Certain sports and acts, on Sunday, prohibited; penalty. 71. Goods not to be sold on Sunday; to be forfeited; proceedings. 72. Tavern-keepers, grocers, &c. not to sell liquor on Sunday. $ 69. No writ, process, warrant, order, judgment, decree, or cess not to other proceeding of any court or officer of justice, shall be on Sundays. served or executed upon the first day of the week, called Sunday, except in cases of breach of the peace, or apprehended breach of the peace, or for the apprehension of persons charged with crimes and misdemeanors, or the violation of any of the provisions of this and the preceding Article, and except where such service shall be specially authorised by law. The service of any such process or proceeding, in all other cases, shall be utterly void, and shall subject the party offending to damages, at the suit of any person aggrieved. Service void, &c. Certain sports on Sunday, travelling, laboring, &c., prohibited. [676] 2 R. L., 195, § 5; 193, §§ 1, 2 & 3; 4 N. Y., 296; 12 W., 59; 8 Cow., 30; 1 Cow., 75; 15 J. R., 177; 12 J. R., 179; 3 J. R., 257; 20 How. P. R., 81; 8 B., 384. $70. There shall be no shooting, hunting, fishing, sporting, playing, horse-racing, gaming, frequenting of tippling houses, or any unlawful exercises or pastimes, on the first day of the week, called Sunday; nor shall any person travel on that day, unless in cases of charity or necessity, or in going to or returning from some church or place of worship within the distance of twenty miles, or in going for medical aid or for medicines, and returning, or in visiting the sick and returning, or in carrying the mail of the United States, or in going express by order of some public officer, or in removing his family or household furniture when such removal was commenced on some other day; nor shall there be any servile laboring or ART. 9. working on that day, excepting works of necessity and charity, Exceptions. 2 R. L., 195, § 5; 193, § 1, 2 & 3; 25 B., 341; 22 B.. 539; 19 B., 584; to be sold ed and for $71. No person shall expose to sale any wares, merchan- Goods not dize, fruit, herbs, goods or chattels, on Sunday, except meats, on Sunday. milk and fish, which may be sold at any time before nine of the clock in the morning; and the articles so exposed for sale May be seizshall be forfeited to the use of the poor, and may be seized by feited. virtue of a warrant for that purpose which any justice of the peace of the county, or mayor, recorder or alderman of the city, is hereby authorised to issue, upon a conviction of the offender. When seized, they shall be sold on one day's notice being given, and the proceeds shall be paid to the overseers of the poor of the town or city. 13 W., 429; 4 E. D. S., 235. to be sold $ 72. No keeper of an inn or tavern, or of any ale-house, Liquor not or porter-house, or grocery, nor any other person authorised on Sunday. to retail strong or spirituous liquors, shall on Sunday, sell or dispose of any ale, porter, strong or spirituous liquors, except- Exception. ing to lodgers in such inns or taverns, or to persons actually travelling on that day in the cases allowed by law. Every person offending against this provision, and being thereof duly convicted, shall forfeit the sum of two dollars and fifty cents. 14 B., 427. See Laws of 1839, ch. 367; 1847, ch. 349. ARTICLE NINTH. GENERAL PROVISIONS TO ENFORCE THE PROHIBITIONS OF THE THREE SEC. 73. Proceedings to collect penalties. 74. Prosecutions to be commenced within twenty days. 75. Execution to collect penalties. 76. Certificate of conviction to be filed. 77. Fees allowed; by whom to be paid. $73. Whenever complaint shall be made to any justice of the peace, mayor, recorder, or alderman, of a violation of either of the provisions contained in the three last Articles, relative to profane swearing, the disturbance of religious meetings, or the observance of Sunday, or when any of such violations shall happen in the presence of such officer, he shall cause the offender to be brought before him, and shall proceed summarily to inquire into the facts; and if the person charged be found guilty, a record of his conviction shall be |