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Act of February 10, 1819-January 1, 1820. R. C. ch. 239.

32. 39. And the said corporations shall be, and they are hereby respectively empowered and required, to levy and assess, annually, upon their respective towns, either by way of poll tax upon the inhabitants, or by a tax upon houses or other property within the limits of the town, as they shall judge best, all charges incurred for the support and maintenance of their poor; and also the charges which may be incurred in providing or building a poorhouse and workhouse, and in the government and management of the same. 1787, c. 48, 12 Stat. Larg. 577; 1792, c. 102, R. C.

33. § 45. It shall and may be lawful for the respective county and corporation courts in this commonwealth, to appoint one fit and responsible person, as agent for the board of the overseers of the poor in their respective counties and corporations, to remain in office during the pleasure of the said courts respectively; and it shall be the duty of the said agent to demand, receive and hold in his possession, all property which by law now is, or may hereafter belong to, or be vested in the overseers of the poor, and the same shall safely keep and dispose of, as he shall be ordered by the overseers of the poor, at their lawful meetings. And it shall be the duty of the said agent, to attend to and manage any suit or suits, which may be prosecuted by or against the overseers of the poor; and any discharge, receipt or acquittance, granted by the said agent, shall be as available as if granted by the overseers of the poor. Feb. 19, 1816, c. 31.

34. 46. The court by whom such agent shall be appointed, shall take from him bond, with sufficient security, in a penalty double the amount or value of the property, which, in their opinion, may come into the possession of the said agent, payable to the justices of the court, then sitting, and their successors, and conditioned for the faithful performance of the duties of his agency, and also for settling with the said court, once a year, or oftener, if so required by the court, a just and true account of his receipts and disbursements, with proper vouchers, and paying whatever balance shall, upon such settlement, appear to be in his hands, according to the order of the board of overseers; on which bond, a suit or suits may be prosecuted, until the whole penalty shall have been satisfied, for any breach of the condition thereof. And it may and shall be lawful for the court of the county or corporation wherein such agent may be appointed, upon motion of the overseers of the poor, to grant judgment against such agent, for such sum of money as shall appear to be due to the said overseers, with costs: Provided, Such agent have ten days previous notice of such motion: Provided, however, That nothing in this act shall be so construed as to empower the said agent to demand and receive of the collectors of the poor rates, any part of the money collected by such collectors, unless previously authorized by the overseers of the poor, by their resolution at their lawful meeting. And it may and shall be lawful for the court of the county or corporation wherein such agent shall be appointed, to make a reasonable compensation to such agent for his services: Provided, He shall settle an account of his agency with the court once a year at least. Ibid.

35. 47. A copy of the proceedings of the overseers of the poor of each county and corporation within this commonwealth, at their annual meeting in June in each year, shall be certified by the clerk of the board of overseers of the poor, under their direction, to the courts of the counties respectively, within thirty days after such annual meeting: which proceedings, so to be certified, shall particularly contain a distinct account of the number, names and situation of the poor, of the expenditures of the preceding year, the amount to be assessed for the succeeding year, and the rate per tithe of such assessment; and the same, when so certified, shall be carefully filed and preserved by the respective clerks of such county courts.

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Act of February 10, 1819-January 1, 1820. R. C. ch. 239.

36. § 50. The forfeitures and penalties inflicted by this act, (not herein otherwise appropriated,) shall be, one half to the informer, and the other half to the use of the overseers of the poor, for the county or corporation respectively, to be applied by them towards the support and maintenance of such poor. 1792, c. 102, R. C.

Act of February 20-April 1, 1829, Sess. Acts 1828-9, c. 17. Sup. R. C. c. 388.

37. 1. It shall be the duty of the clerk or agent, where there is an agent who has the care of the records of the overseers of the poor of the several counties and corporations of this commonwealth; if there be no clerk or agent, then the duties required by this act shall be discharged by the president of the board of overseers of the poor in any county in which there may be no such clerk or agent, at their next annual meeting after the passage of this act, or as soon thereafter as practicable, to examine diligently the records of their respective boards, and to report to the auditor of public accounts in the form hereinafter prescribed, all authentic information furnished thereby, respecting the number of the poor, the manner and annual expense of their maintenance, from the first day of January eighteen hundred, to the date of the said report; which report shall be made and transmitted to the auditor of public accounts, on or before the first Monday in December, in the year one thousand eight hundred and twenty-nine, under the penalty of twenty dollars to each clerk, agent, or president of the board of overseers of the poor, failing to perform his duty in this respect.

38. § 2. The information thus obtained, shall be arranged in each year under the following heads, and in the following form and

order, to wit:

The amount of poor
rates levied annually
for their support.

Every report made in pursuance of the directions of this act, may contain such general remarks upon the tendency of the poor laws, as the clerk, agent, or president of the overseers of the poor making the same, shall deem expedient.

39. § 3. It shall be the duty of the clerk, agent or president of the board of the overseers of the poor of each county and corporation in every year hereafter, to make and transmit a similar report to the auditor of public accounts, embracing the preceding year, on or before the first Monday in December, under the penalty of twenty dollars each for every failure.

40. § 4. It shall be the duty of the auditor of public accounts, upon the failure of the clerk, agent or president of the board of the overseers of the poor of any county or corporation, to comply with the provisions of this act, to inform the attorney prosecuting for the commonwealth in such county or corporation of such failure, whose duty it shall be thereupon to proceed forthwith to recover for the benefit of the Literary fund, by motion, in his own name, on ten days previous notice, in the court of his county or corporation,

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Act of February 20-April 1, 1829, Ses. Acts 1828-9, ch. 17. Sup. R. C. ch. 388.

from each overseer of the poor, the penalty by him incurred under this act, with the costs of the motion.

41. § 5. It shall be the duty of the auditor of public accounts to preserve in his office all reports which may be made under this act.

42. § 6. For the services hereby directed to be rendered by the said clerks, agents or presidents, as the case may be, in the several counties and corporations, the overseers of the poor of the several counties and corporations, are hereby authorized to make such reasonable compensation as to them shall seem right. [See tit. APPRENTICES, ante, No. 11, p. 46.]

PROFANENESS.*

Profane swearing, and drunkenness,
Ministers, when exempted from arrest,

1,2 | Disturbers of congregations for religi-
3 ous worship,

Penalty for labouring on Sunday,

Act of December 26, 1792. R. C. ch. 141.

1. 1. If any person or persons shall profanely swear or curse,(1) or shall be drunk,(2) he, she or they so offending, for every such offence, being thereof convicted by the oath of one or more witnesses, (which oath any justice of the peace is hereby empowered and required to administer,) or by confession before one or more justice or justices of the peace in the county or corporation where such offence shall be committed, shall forfeit and pay the sum of eightythree cents for every such offence; or, if the offence or offences be committed in the presence and hearing of one or more justice or justices of the peace, or in any court of record in this commonwealth, the same shall be a sufficient conviction without any other evidence, and the said offender shall, upon such conviction, forfeit and pay the sum of eighty-three cents for every such of fence; and, if any person or persons shall refuse to make present payment, or give sufficient security for the payment of the same in a reasonable time, not exceeding six months, then the said fines and penalties shall be levied upon the goods of such person or persons by warrant or precept from any justice of the peace, before whom such conviction shall be, which warrant may be directed to the sheriff of the county, or to the constable in his respective precinct, or to the serjeant of a corporation, to be appraised and valued as in other distresses. (c) Act 31 Feb. 1631-2, (5 c. 4 Jac. 1,) 1 Stat. Larg. 167; act 32,

*See act for establishing religious free. dom, passed Dec'r 16, 1785, R. C. ch. 31, p. 77; and see post. tit. RELIGIOUS FREEDOM. (1) In a conviction for swearing and cursing, the oaths and curses must be set out; what is a profane oath or curse is a matter of law, and ought not to be left to the judgment of the witness,-it is a matter of great dispute amongst the learned what are oaths and what curses. Rex v. Sparling, 1 Stra. 497; Rex v. Popplewell, 2 Stra. 636; The King v. Cheveney, 2 Ld. Raym. 1368. See 19 Geo. 2, c. 21, § 8.

(2) A common drunkard may be ruled to

find surety to be of good behaviour. Dalton's Just. ch. 124, p. 293, ed. 1682. "To be drunken is a breach of the good behaviour, as Sir Nicholas Hyde did deliver in his charge at Cambridge, lent assize, Anno tertio Caroli Regis. Ib. p. 296.

(c) See King v. Speed, 1 Salk. [379.] "So much of this section as provides that if the offender or offenders mentioned therein be not able to pay the fine or fines thereby imposed, then he, she or they shall have and receive ten lashes upon his or her bare back, well laid on, for every such offence, shall be and the same is hereby repealed." Act Feb.

Act of December 26, 1792. R. C. ch. 141.

Ib.; Mar. 1657, act 2, Ib. 433; act 3, Ib. 434; April 1691, ar Larg. 71; Sept. 1696, act 1, Ib. 137; Oct. 1705, c. 30, 1b. 359; c. 2,5 Stat. Larg. 225.

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2. § 2. Provided, always, That every prosecution by virtue of thi swearing, cursing, or for being drunk, shall be made within two month after the offence committed, and not afterwards. Oct. 1705, c. 30, 3 Stat. Larg. 359.

3. § 3. No officer for any civil cause shall arrest any minister of religion licensed according to the rules of his sect, and who shall have taken the oath or affirmation of fidelity to the commonwealth, while such minister shall be publicly preaching or performing religious worship, in any church, meetinghouse, or other place of religious worship, on pain of imprisonment and amercement, at the discretion of a jury, and of making satisfaction to the party so arrested. 1786, c. 54, 12 Stat. Larg. 336; 50 Ed. 3, c. 5; 1 Richd. 2, c. 15; 12 Co. 100. [See post. tit. SHERIFFS, &c. No. 22.]

4. § 4. If any person shall, on purpose, maliciously or contemptuously, dis quiet or disturb any congregation assembled in any church, meeting-house, or other place of religious worship, or misuse any such minister being there, he may be put under restraint during religious worship by any justice present; which justice being present, or, if none be present, then any justice before whom proof of the offence shall be made, may cause the offender to find two securities to be bound by recognizance in a sufficient penalty for his good behaviour, and, in default thereof, shall commit him to prison, there to remain till the next court to be held for the same county or corporation; and, upon conviction of the said offence before the said court, he shall be further punished by imprisonment and amercement, at the discretion of a jury.t June 1680, act 13, 2 Stat. Larg. 483; lbid. 1 W. & M. c. 18, § 18; 52 Geo. 3, c. 155, § 12. See 2 Chitty's C. L. [27.]

5. § 5. If any person on a sabbath day(a) shall himself be found labouring at his own, or any other(b) trade, or calling, or shall employ his apprentices, servants, or slaves in labour, or other business, except it be in the ordinary household offices of daily necessity, or other work of necessity (c) or charity, he shall forfeit the sum of one dollar and sixty-seven cents for every such of

14th, 1831, ch. 40, Ses. Acts 1830-31, p. 108, Sup. R. C. c. 219. The portion of the section repealed is therefore omitted.

See ante, p. 440, No. 7, 8, tit. FINES. What effect, if any, have these provisions on this section.

+ An indictment for disturbing a religious congregation need not set out the means by which such disturbance and disquieting was effected. If it be set forth "that W. D. &c. during religious worship, did, on purpose, maliciously and contemptuously disquiet and disturb a certain congregation of methodists, being then and there lawfully assembled, for the purpose of religious worship, in contempt of public worship, &c.," it is good on demurrer. Com. v. Daniels, gen'l ct. June T. 1824, 2 Virg. Cas. 402; King v. Wadley, 4 M. & S. 507.

Disturbing divine service is indictable at common law. The People v. John Degey, 2 W. C. L. Cas. 135.

(a) Natural or solar? See this question much discussed in Fox v. Abel et al. (June 1818,) 2 Connec. R. (N. S.) 541-563.

The Sabbath, the Lord's Day and Sunday mean the same day in all christian communities, and include the 24 hours next ensuing the midnight of Saturday. Kilgour v. Miles et al. 6 Gill & Johnson's M'd Rep. 268.

(b) The stat. of 29 Car. 2, c. 7, is limited to the ordinary calling of the party. In Drury v. Defontaine, I Taunt. 131, it was decided that a sale of goods made on a Sunday, which is not made in the exercise of the ordinary calling of the vendor, or his agent, is not void by that statute, nor by the common law.

It is no bar to recovery of a judgment on a promissory note that it was made on Sunday. Geer v. Putnam, 10. Mass. Rep. 312; but see Morgan v. Richards, 1 Bro. Penn. R. 171, Am. Jurist, vol. 13, p. 378; Bloxsome v. Williams, 3 B. & C. 232; Fennell et al. v. Ridler, 5 B. & C. 406; Smith v. Sparrow et al. 2 Carr. & Pay. 544, 4 Bing. S. C.; Williams v. Paul, 6 Bing. 653; The Com. v. Wolf, 3 Serg. & Raw. 48.

(c) See Rex v. Cox, esq. 2 Burr. 785; The King v. Younger, 5 T. R. 449.

Act of December 26, 1792. R. C. ch. 141.

fence; deeming every apprentice, servant, or slave, so employed, and every day he shall be so employed, as constituting a distinct(d) offence.

1 Stat. Larg. 144; Ibid. and 1705.

Oct. 1629,

See tit. SHERIFFS, No. 22; SLAVES, &c., No 29; ORDINARIES, No. 15.

(d) See Crepps v. Durden et al. 2 Cowp. 640.

A recognizance is a judicial act. Argued corpus, 15 Viner's Abr. JUDICIAL, &c., (A.) Noy 157, in the grand case of the habeas 4, p. 1.

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Act of February 4, 1819-January 1, 1820. R. C. ch. 244.

1. § 1. Vessels, persons and merchandize, coming or brought into any place within this commonwealth, from any other part of the world, whence the governor, with advice of his council, shall judge it probable that any plague or other infectious disease may be brought, shall be obliged to make their quarantine in such place or places, during such time, and in such manner, as shall be directed by the governor, by his order in council, notified by proclamation; and until they shall be discharged from the quarantine, no such persons or merchandize shall come or be brought on shore, or go or be put on board any other vessel in the commonwealth, but in such manner, in such cases, and by such license, as shall be permitted by the order; and the vessels and persons receiving goods out of her, shall be subject to the orders concerning quarantine, and for preventing infection, which shall be made by the governor and council, and notified as aforesaid. Oct. 1783, c. 19, § 1, Chan. Rev. p. 214; 1792, ed. 1794, 1803 and 1814, c. 129, § 1, 2.

2.2. It shall be lawful for the governor, with the advice of council, to establish some place at the mouth of Elizabeth river, and some place in the river Potomac, as near the head of the tide water as shall be considered convenient and safe, and at any other place or places along the seaboard of this commonwealth, as shall be deemed necessary and expedient; and that he shall cause to be erected, at the public expense, at all such places, so pointed out as proper for the performance of quarantine, sufficient buildings for the safe keeping of the goods or merchandize, which it may be necessary to land from on board any vessel lying at anchor, in obedience to this act, as well as for the accommodation of the persons superintending and performing quarantine; and he is hereby empowered to contract, in behalf the commonwealth, for a suffi

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