to receive rea

pensation from Treasurer.

Attorney Gen

cute Commis

linquency.

Commissioner urer aforesaid is hereby authorized to make said Commissonable com- sioner such reasonable compensation for his services and expenses, as shall be just and equitable, to be ascertained in case of disagreement by said Commissioners and Treasurer, in the same way and manner, as is provided for in this act, when said Commissioners and owners, or agents, shall not agree respecting such services and expenses: and when any Commissioner, appointed in pursuance of this Act, shall neglect to inform the Treasurer of this State, of property, taken by him as aforesaid, for sixty days, after the expiration of the year, he may have held the same; or if so informing said Treasurer, he or they shall neglect to pay over the propercral to prose ty aforesaid, to the Treasurer aforesaid, the Attorney Genersioner for de-al of this State is hereby authorized and directed to commence a proper legal process for the same, at the next term of the Supreme Judicial Court in the County where said Commissioner dwells, and shall pursue the same to final Judgment and execution, and pay the sums recovered as aforesaid, to the Treasurer of said State: and whereas it is of the greatest consequence to this State, and to the United States, to promote the increase of the number of ships and vessels, and to prevent any discouragement to merchants and others from being interested and concerned therein; and whereas it has been held that owners of ships or vessels, are answerable for goods, wares, and merchandize, shipped on board the same, although the said goods, wares, and merchandize should be embezzled, lost or destroyed, by the masters or mariners of said ships and vessels, without the knowledge or privity of the owner or owners by means whereof merchants and others may be discouraged from adventuring their fortunes, as owners of ships or vessels, which will necessarily tend to the prejudice of the trade and navigation of this State: Therefore,

Extent to

of vessels are

bezzlement by

iners.

SEC. 8. Be it further enacted, That no person or persons which owners who is, are, or shall be owner or owners, in part or in whole, liable for em- of any ship or vessel shall be subject, or liable to answer for, master or mar- or make good to any one or more person, or persons, any loss or damage, by reason of any embezzlement, secreting or making way with, by the master or mariners, or any of them, of any goods, wares, or merchandize, or any property whatsoever, which shall be shipped, taken in, or put on board any ship or vessel, or for any act, matter, or thing, damage, or forfeiture done, occasioned, or incurred by the said master or mariners, or any of them, without the privity or knowledge of such owner or owners, further than the value of the interest which such owner, or owners have, or had, at the time of such shipment in the ship or vessel, with all her appurtenances, and the full amount of his interest in the freight due, or to grow due, for and during the voyage wherein such embezzlement, secreting, or making way with, as aforesaid, or

other malversation of the master or mariners, shall be made, committed, or done, any law, usage or custom to the contrary notwithstanding.

cargo and

sufficient to

several

proprietors,

ings are to be

SEC. 9. Be it further enacted, That if several freighters or where vessel, proprietors of any such goods, wares, or merchandize, or any freight are inproperty whatever, shall suffer loss or damage, by any of the make compenmeans aforesaid, in the same voyage, and the value of the sation, in case ship or vessel and all her appurtenances, and the amount of freighters, or the freight due, or to grow due, during such voyage, shall not what proceedbe sufficient to make compensation to all and every of them, bad. then such freighter, or proprietor shall receive satisfaction thereout in average, in proportion to their respective losses and damages and in every such case, it shall, and may be lawful to and for such freighters, or proprietors, or any of them, in behalf of himself and all other such freighters and proprietors, or to, or for the owners of such ship or vessel, in behalf of himself and all the other part owners of such ship, or vessel, to exhibit a bill in the Supreme Judicial Court for Bill for disoova discovery of the total amount of such losses and damages, ed in Sup. Jud. and also of the value of such ship or vessel, appurtenances and freight, and for an equal distribution and payment thereof, amongst such freighters and proprietors in proportion to their losses and damages, according to the rules of equity: and the said Supreme Judicial Court is hereby vested with full power and authority to entertain, hear, determine, and decree, in such cases, in the same manner as Courts of equity would have authority to do.

ery may be fil

Court.

Charterer to be

the meaning of

case.

SEC. 10. Be it further enacted, That the charterer of any considered as vessel, (in case he shall navigate such vessel at his own ex-owner within pense,) shall be considered the owner, within the meaning this Act, in of this act; and, in case any loss or damage shall happen to any person or persons, by any of the causes or circumstances mentioned in the eighth Section of this Act, and such loss or damage shall be compensated from the freight, or the proceeds of the sale of such vessel, or both, in manner as herein before provided; then the owner or owners of such vessel or vessels shall have a right to recover the value of such vessel or vessels, of the person, or persons, to whom such vessel or vessels shall have been chartered, as aforesaid.

[Approved Feb. 27, 1821.]

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CHAPTER XV.

An Act to protect the Sepulchres of the Dead,

removing dead

SEC. 1. BE it enacted by the Senate and House of Repre- Punishment for sentatives, in Legislature assembled, That if any person, not digging up or being authorized by the Board of health, or the Selectmen of bodies. any town in this State, shall knowingly and wilfully dig up, remove or carry away, or aid or assist in digging up, remov

for concealing

ing or carrying away any human body, or the remains thereof, such person or persons, so offending, shall, on conviction of such offence, in the Supreme Judicial Court of this State, be imprisoned not more than one year, or fined, not more than one thousand dollars, according to the nature and aggravation of the offence.

SEC. 2. Be it further enacted, That if any person or perany such body. sons knowingly and wilfully receive, conceal, or dispose of any human body, or the remains thereof, which shall have been dug up, removed, or carried away in the manner described in the first Section of this Act, he or they shall be subject to the same forfeitures and penalties, as in said Section is provided, on conviction thereof in the Court aforesaid: Provided however, That nothing in this Act shall be so construed as to effect the power or authority in the Courts of the United States, or of this State, or of any person acting under the authority of the same, in removing or disposing of the bodies of persons executed pursuant to any sentence of such Court.

Proviso.

Fines, how to

SEC. 3. Be it further enacted, That all fines, accruing unbe appropriat der this Act, shall enure, one half to the informer, and one half to the town in which the offence is committed,

ed.

Punishment for taking dead

bodies on

mesne pincess

[Approved Feb. 14, 1821.]

-100%

CHAPTER XVI.

An Act to prevent the arrest of Dead Bodies.

BE it enacted by the Senate and House of Representatives,

in Legislature assembled, That if any Sheriff, Coroner or Conor execution. stable, shall take the body of any deceased person, by virtue of any writ, on mesne process or execution, upon conviction of such offence, before the Supreme Judicial Court, or the Circuit Court of Common Pleas, within the County, in which such offence shall have been committed, he shall be fined not more than five hundred dollars, or imprisoned for a time not exceeding six months.

Routs, riots

assemblies.

[Approved March 10, 1821.]

:0:

CHAPTER XVII.

An Act to prevent Routs, Riots, and Tumultuous Assemblies, and to suppress Insurrections.

SEC. 1. BE it enacted by the Senate and House of Representand unlawful atives, in Legislature assembled, That if any number of persons of twelve or more shall be unlawfully, riotously, or tumultuously assembled, and shall not immediately disperse themselves, after having been by any Sheriff, Deputy Sheriff' or Justice of the Peace of any County, or any Constable of any Town, commanded so to do, in the name of this State,

to disperse when com manded by a Justier, or Sheriff, &c.

disobedience.

each and every person of such assembly shall be punished Punishment for by solitary imprisonment, not exceeding one year, and afterwards be confined to hard labor for a term, not exceeding one year, or fined in a sum, not exceeding five hundred dollars, to the use of this State; any or all of the above punishments, according to the aggravation of the offence.

with intent to

ecution of the

date officers

SEC. 2. Be it further enacted, That if any person or per- Punishment for sons shall disguise himself or themselves, with intention to being disguised obstruct the execution of the laws of this State, or to intimi- obstruct the exdate or interrupt any Sheriff, Deputy Sheriff, Surveyor or laws-intimi other person, in the legal discharge of any office or appoint- and others, ment, under the laws of this State, every such person so disguised shall, on conviction, be fined in a sum, not exceeding five hundred dollars, or be imprisoned, not exceeding one year, or both, according to the aggravation of the offence.

surrection,

call out the

SEC. 3. Be it further enacted, That whenever an insurrec- In case of Intion shall have taken place, in this State, to obstruct the Governor may course of Justice, or the due execution of the laws, the Gov- militia. ernor of this State is hereby empowered to detach, and call into actual service, such part of the Militia of the State, as, in his opinion, shall be adequate to suppress the same. [Approved March 5, 1821.]

:0:

CHAPTER XVIII.

An Act to prevent Gaming for Money or other Property.

ey won by

SEC. 1. BE it enacted by the Senate and House of Represent- All securities atives, in Legislature assembled, That all notes, bills, bonds, given for monjudgments, mortgages, or other securities or conveyances, gaming gaming declargiven, granted, drawn, entered into, or exccuted by any person or persons whatsoever, where the whole, or any part of the consideration of such conveyances or securities, shall be for any money, or other valuable thing, won by gaming or playing at cards, dice or any other game or games, or by betting on the side or hands of any person gaming, or for the reimbursing or repaying any money, knowingly lent or advanced for any gaming or betting, or lent and advanced, at the time and place of such play, to any person or persons, so gaming or betting, or that shall, during such play, so play or bet, shall be void and of no effect; and that where such mortgages, securities or other conveyances, shall be of lands, tenements or hereditaments, or shall be such as incumber or affect the same, such mortgages, securities or other convey- Conveyances of ance shall enure, and be to the sole use and benefit of such en as above person or persons, as should or might have, or be entitled to the same user such lands, tenements, or hereditaments in case the said as if the grantgrantor or grantors thereof, or the person or persons so incumbering the same, had been naturally dead'; and that all grants or conveyances to be made for the preventing of such

real estate giv

shall enure to

or were dead.

Persons losing

gaming may

er the same of the persons winning.

lands, tenements or hereditaments from coming to, or devolving upon such person or persons, hereby intended to enjoy the same, as aforesaid, shall be deemed fraudulent, void, and of no effect.

SEC. 2. Be it further enacted, That any person or persons, money, &c. by who shall at any time, or sitting, by playing at cards, dice, or sue and recov- any other game or games, or by betting on the sides or hands of such as do game, lose to any one or more person or persons so playing or betting, any sum or sums of money, or any other valuable thing, and shall pay or deliver the same, or any part thereof, the person or persons so losing and paying, or delivering the same, shall be at liberty to sue for and recover the money or goods, so lost and paid or delivered, or any part thereof, or damages to the full value of the same, from the respective winner or winners thereof, with costs of suit, by action to be commenced within three months next after the losing, paying or delivering the same, in which it shall be sufficient for the plaintiff to allege, in an action of assumpsit, that the defendant had received, to the plaintiff's use, the money so lost and paid; and in an action of trover for the goods so lost and delivered, that they came to the hands of the defendant, without mentioning in the declaration the particular manner and occasion of the goods or monies being lost; and in case the person or persons, who shall lose such money or other thing as aforesaid, shall not, within the time aforesaid, really and truly without covin or collusion, Sue, and with effect prosecute, for the money or other thing, so by him or them lost and paid or delivered, as aforesaid, it shall and may be lawful to and for any person or persons to sue for and recover treble the value of the money, goods or chattels, with full costs of suit, by action of debt upon this statute, against such winner or winners as aforesaid, one moiety thereof to the use of the person or persons, that will sue for the same, and the other moiety to the use of the poor of the town where the offence shall be committed.

In case the

person losing in 3 months,

sball not, with

sue for the

same, any othrecover treble

er person may the value.

Persons con

victed of win

ning at one sit

ting three dol and receiving

lars or more

the same, or se shall forfeit double the amount.

Suits brought

winning how to

SEC. 3. Be it further enacted, That any person who shall be convicted, on an indictment of the Grand Jury, before the Circuit Court of Common Pleas, or the Supreme Judicial Court, of winning, at any one time or sitting, of any person or persons, by gaming or betting as aforesaid, in money, goods or chattels to the value of three dollars or upwards, and of receiving the same or security therefor, shall forfeit double the amount or value of the money, goods or chattels, so won and received, to the poor of the town, where the offence is committed.

SEC. 4. Be it further enacted, That in suits brought by the against persons person losing money, goods or chattels against the person be conducted. Winning the same, when it shall appear from the declaration, that the goods, said to be lost, came to the hands of the defendant by gaming; or the money he had received was by