Proceedings againft

them for failure of the dptics hereby enjoined.

and perfect manifeft, certified under the hand of a magiftrate in the state from oath thereto.
whence they laft came, wherein shall be diftinguished the fexes, ages, marks
and colous or all and every fuch cattle, and alfo, at the fame time, produce
bills of tale for them, and particularize the place of abode and name of the
feller, and make oath that he knows of no more cattle in his drove, than what
are mentioned in the manifeft and bill of fale, which oath the juftice shall admi-
nifter, and certify on the manifeft, and shall enter in a book, by him to be kept
for that purpole, a copy of the faid manifeft and certificate; and if any nett
cattle shall be bought in this commonwealth in order to be driven inte any
neighbouring ftate, the driver shall produce his bill of fale to the next justice of
the county where they shall be bought, and shall make oath that the faid bill is
true, and that he knows of no more cattle in his droye, than what are mention-
ed in the laid bil. and manifefl, in cafe there be any, which the juftice shall en-
ter and certify in manner aforefaid, and alfo shall add a defcription of the cat-
tle fo bought, to the manifeft, if any; and the like method shall be used by the
drivers and juftices in all the other counties of this commonwealth, through
which they pafs, upon their arrival therein. And if any driver shall fail here-
in, he, she, or they, shall forfeit and lofe his, her, or their whole drove of cat-
tle: And any juftice of the peace, upon complaint to him thereof made, is
hereby empowered to iffue his warrant to the sheriff, or any conftable of his
county, forthwith to reife fufficient force, and to feize the cattle, and cause the
driver or drivers to come before him, or any other juftice of the county, who
is hereby empowered to hear the matter, and give a final judgment therein, and
to order the cattle, if he shall judge them forfeited, to be fold by the sheriff in
the fame manner as goods taken in execution; and the sheriff shall be allowed
the fame fee for the fervice, and shall alfo be allowed for keeping and providing
for the faid cattle, until they are fold, after the rate of three cents per head for
every twenty-four hours, out of the money arifing from the fale. But in cafe any
perion other than the driver or drivers fo convicted, or their employers, shall
appear before the juftice before whom the judgment was obtained, before the
cattle are fold, and shall make his, her, or their property in any of them appear,
the sheriff shall, by order of fuch justice, restore the fame to fuch owner or own
ers, upon payment of the charge of their keeping; or if any owner or owners
shall within three months after the fale, make their property appear as aforefaid,
the sheriff shall pay him, her, or them, by order of the juftice, for their cattle,
according to the fale, after deducting a proportionable part of the charges:
And at the expiration of the faid three months, the money arifing from the
fale shall be appropriated, one moiety to the overfeers of the poor of the dif
trict where the driver shall be convicted, for the use of the district, and the other
moiety to him, her, or them, who did inform or profecute, and shall be paid
them by the sheriff accordingly; and the sheriff shall return an account of the
fales to the clerk's office, to be lodged among the records of the county. a

VIII. PROVIDED always, That nothing herein contained, shall be con- Provifo as to driving ftrued to extend to any of the inhabitants of this commonwealth who shall buy cattle in certain cascer any nett cattle, and be driving them home, or to any perfons coming with

their families and stocks to fettle in this commonwealth. a

IX. ALL and every act or acts, coming within the purview of this act, Repealing claufe.

fhall be, and the fame are hereby repealed. Provided always, That nothing Provifo.

in this Act shall be construed to affect any rights, remedies, fines, forfeitures,

or penalties, which have accrued, been vefted, or incurred, prior to the com

mencement of this act.

X. THIS act shall commence and be in force, from and after the paffing Commencement of this thereof.

act.

CHAP. CXXXVIII.

An Act for the effectual Suppreffion of Vice, and punishing the Disturbers of Re

I.

ligious Worship and Sabbath Breakers.

[Paffed the 26th of December, 1792.]

drunkennels.

profanely fwear or curfe, or shall be drunk, he, she, or they fo of- fwearing, curing and fending, for every fuch offence, being thereof convicted by the oath of one or more witnefes (which oath any juftice of the peace is hereby empowered and

(a) £748, ch. 34, fec. 2, 3..

1792.

?

Profecution in two months.

No licensed minister forming divine fervice

be arrested while per

276 IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. required to adminifter) or by confeffion before one or more juftice or juftices of the peace in the county or corporation, where fuch offence shall be committed, shall forfeit and pay the fum of eighty-three cents for every fuch offence; or if the offence or offences be committed in the prefence and hearing of one or more justice or juftices of the peace, or in any court of record in this commonwealth, the fame shall be a fufficient conviction without any other evidence, and the faid offender shall upon fuch conviction forfeit and pay the fum of eighty-three cents for every fuch offence; and if any perfon or perfons shall refufe to make prefent payment, or give fufficient fecurity for the payment of the fame in a rea fonable time, not exceeding fix months, then the faid fines and penalties shall be levied upon the goods of fuch person or perfons by warrant or precept from any juftice of the peace, before whom fuch conviction shall be, which warrant may be directed to the sheriff of the county, or to the conftable in his refpective precinct, or to the ferjeant of a corporation, to be appraised and valued as in other diftreffes; and if the offender or offenders be not able to pay the faid fum or fums, then he, she, or they, shall have and receive ten lashes upon his or her bare back, well laid on, for every fuch offence. a

II. PROVIDED always, That every profecution by virtue of this act for fwearing, curfing, or for being drunk, shall be made within two months after the offence committed and not afterwards. a

III. NO officer for any civil caufe shall arreft any minifter of religion li to cenfed according to the rules of his fect, and who shall have taken the oath or affirmation of fidelity to the commonwealth, while fuch minifter shall be publicly preaching or performing religious worship, in any church, meetinghoufe, or other place of religious worship, on pain of imprisonment and amercement, at the difcretion of a jury, and of making fatisfaction to the party so arrested. b

Any perfon disturbing a congregation, fhall be arrested and bound to good behaviour..

And may be punished by fine and imprifon

ment.

Penalty for labouring on Sunday.

1

Punishment for adu'te. ry or fornication.

Repealing clause.

Provila, gden a

IV. AND if any perfon shall on purpofe, maliciously or contemptuously, difquiet or disturb any congregation affembled in any church, meeting-house, or other place of religious worship, or mifufe any fuch minifter being there, he may be put under reftraint during religious worship by any juftice prefent, which juftice being prefent, or if none be prefent, then any juftice before whom proof of the offence shall be made, may cause the offender to find two fecurities to be bound by recognizance in a fufficient 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 fame county or corporation, and upon conviction of the said offence before the faid court, he shall be further punished by imprifonment and amercement, at the difcretion of a jury.

V. IF any person on a fabbath day shall himself be found labouring at his own, or any other trade, or calling, or shall employ his apprentices, fervants, or flaves in labour, or other bufineis, except it be in the ordinary household offices of daily neceffity, or other work of neceffity or charity, he shall forfeit the fum of one dollar and fixty-feven cents for every fuch offence, deeming every apprentice, fervant, or flave, fo employed, and every day he shall be fo employed, as conftituting a diftin&t offence.

VI. EVERY perfon not being a fervant or flave committing adultery, or fornication, and being thereof law fully convicted by the oaths of two or more credible witneffes, or confeffion of the party, shall for every offence of adultery, forfeit and pay twenty dollars, and for every offence of fornication ten dollars; to be recovered by the fuit or profecution of the overfeers of the poor of the county or corporation, wherein fuch offence shall be committed, by bill, plaint, or information, in any court of record within this commonwealth, wherein no effoin, protection, or wager of law shall be allowed; which faid fines and penal ties shall accrue to the overfeers of the poor for the ufe of the poor of the county or corporation, wherein the faid offence shall be committed:"e

.: VII......... ALL. and every act and acts, claufe and clauses of acts, containing any thing within the purview of this act, (except as is herein after provided) shall be, and the fame are hereby repealed. Provided always, that nothing in this act contained, shall be conftrued to repeal any act heretofore made, for fo much thereof as may relate to any offence committed or done before the commencement of this act.

VIII. THIS act shall commence and be in force, from and after the passCommencement of this ing thereof.

act

....... (a) 1705, ch. 6, fec. 4, 5. (b) 1786, ch. 54. (e) 1705, ch. 6, kr. 8.

may

have the

same action.

as

mon.. "
2. Black: 183. – Ponatter of this act do not extend to for
bemmon. 3. B 6.227.

and tenan