gible to any freeman of whereby the morals of many, who would otherwise be good citizens, ments inelimay be corrupted, That from and immediately after the passing of office, or prithis act, no person or persons, felons from other countries or states, vilege of a transported or banished from the same for any crime or charge what- this state. ever, shall be eligible to any post or office of trust or profit, or be otherwise entitled to any of the privileges, immunities, or liberties of a freeman or freemen of this state; and on proof of the same by one legal evidence, or by the authentic certificate, under seal of any state, nation, corporation, or court, from whence he, she, or they may be banished or transported, such felon or felons shall be, by warrant and mittimus, under the hand of the chief justice of the state, or one of the justices of the court where such proof shall be established, committed to the common jail of the county, without bail To be comor mainprize, there to remain until a convenient opportunity may be and shipped procured by the honourable the executive, to ship or otherwise send or sent off. off such felon or felons, from and without the limits of this state, never thereafter to return. And in case such felon or felons should, after To suffer such shipping or sending off, return within the limits of the same, he, turning. she, or they shall, on conviction, suffer death without benefit of clergy: Provided nevertheless, on such first proof of transportation, such But have in offender or offenders charged as felons as aforesaid, shall not be de- stance the barred the right of trial by jury, and shall be allowed every right of right of jury evidence to counteract such proof. An Act to exempt from Military Duty, certain individuals not Citizens of the United States.-Passed December 19, 1818. Vol. III. 43. Whereas it is deemed grievous and oppressive, that individuals, not citizens of the United States, and who are subjects of a foreign government, and only temporary residents in this state, for commercial and other purposes, and who do not intend to settle or reside in this state, or become citizens thereof, should be considered hable to such military drafts, as may from time to time be made upon the militia of this state, and particularly where such subjects belong to governments whose laws do not recognize such military liability, or exact such military duties from the citizens of the United States; mitted to jail, death on re the first in trial. not liable to local military 10. Be it enacted, &c. That such individuals, subjects as aforesaid, Foreigners of a foreign government, shall be, and they are hereby declared to general, be, exempted from all military duty in the militia of this state, and from all military drafts which may hereafter be made, any law to the contrary notwithstanding. Provided however, that this law shall not be so construed or operate, as to extend to their liability to perform but only to certain local duties within the several counties in which they reside, dury. such as the repelling of local invasions, extinguishing conflagrations, putting down insurrections, and the like: And provided also, That it Proviso: shall not extend to such individuals, who are subjects or citizens of to be no more a foreign government or state, the laws of which said government or cal. state, do not extend a similar and co-extensive exemption to the citi zens of the United States. than recipro 21 186 Persons establishing lot forfeit 500 pounds. GAMING.-1764. An Act to suppress Lotteries, and prevent other excessive and deceitful Whereas many good and wholesome statutes of Great Britain have, from time to time, been enacted and established to prevent lotteries and gaming, and great mischiefs are daily found to arise from such practices, both to trade and the community in general, as many idle, loose, and disorderly persons find means thereby to support themselves in a dishonest, dissolute course of life, and the younger sort of people, and others, are frequently drawn in and deceived, to the loss of their time and ruin of their fortunes: 1. Sec. I. Be it enacted, &c. That from and after the passing of teries shall this act, if any person or persons shall erect, set up, or expose to be played, drawn, or thrown at, or shall cause or procure to be erected, set up, exposed to be played, drawn, or thrown at, any lottery, under the denomination of a sale, or sales of houses, lands, plate, jewels, ships, goods, or other things, or for money, or any undertaking whatsoever in the nature of a lottery, by way of chances, either by dice, lots, cards, numbers, figures, or tickets, or shall make, print, advertise, or publish, or cause to be made, printed, advertised, or published, proposals or schemes for advancing small sums of money, by several persons, amounting in the whole to large sums, to be divided among them by chances of prizes, or shall deliver out, or cause, or procure to be delivered out, tickets to the persons advancing such sums, to entitle them to a share of the money so advanced, according to such proposals or schemes, or shall expose to sale any houses, lands, plate, jewels, ships, or other goods, or chattels, by any game, method, or device whatsoever, depending upon, or to be determined by any lot or drawing, whether it be out of a box or wheel, or by cards, or dice, or by any machine, engine, or device of chance of any kind whatsoever, or shall be adventurers in, or pay any moneys or other consideration, or any ways contribute unto any of the said games, lottery or lotteries, sale or sales, such person or persons, and every, or either of them, on being convicted thereof, on the oath or oaths of one or more credible witness or witnesses, or on the confession of the party or parties accused, shall forfeit and lose the sum of five hundred pounds lawful money of this province, to be recovered by action of debt, or information, in the general court of pleas, the one moiety of such forfeiture to be to his majesty, for the support of the government of this province, and the other moiety to the informer: And all and every such sale or sales of houses, lands, plate, jewels, ships, goods, and other things, by any game, lottery or lotteries, machine, engine or other device whatsoever, depending upon, or to be determined by chance, or lot, shall, and are hereby declared to be void, to all intents and purposes; and whatever shall be so set up, and exposed to sale, shall be forfeited to such person or persons who shall sue for the same, by action, bill, plaint, or information, in his majesty's general court of pleas of this province, wherein no essoign, protection, wager of law, or more than one imparlance shall be allowed; And in case of any offender against this act, not having sufficient goods and chattels, whereon to levy the penalty hereby inflicted, or not immediately paying the said penalty, or giving security for payment thereof, it shall and may be lawful for the jusfices, before whom such person or persons shall be convicted, to All suchsales, &c. void. And what ever shall be so set up, shall be for feited. commit him or them to prison, there to continue and remain for any time not exceeding twelve months. notes, &r. cure gaming debts, void. brances of of the maker. 2. Sec. II. From and after the passing of this act, all bills, bonds, Bonds, bills, judgments, mortgages, notes of hand, or other securities or convey- given to seances whatsoever, given, granted, drawn, or entered into, or executed by any person or persons whatsoever, where the consideration of such conveyance or securities shall be for any moneys or other valuable things whatsoever, won by gaming, or playing at cards, dice, tables, tennis, bowls, or other game or games, bet or bets, chance or chances, of any kind whatsoever, or by betting on the sides or hands of such as do game at any of the games aforesaid, or for reimbursing or repaying any money knowingly lent or advanced at the time and place of such play to any person or persons so gaming, or betting as aforesaid, or who shall during such game so play or bet, shall be utterly void and of none effect to all intents and purposes whatsoever, any statute or usage to the contrary thereof notwithstanding; and where such mort- Encumgages, securities, or other conveyances, shall be of lands, tenements, land, to inure or hereditaments, or shall be such as encumber or affect the same, to the heirs such mortgages, securities, or other conveyances, shall inure, and be to and for the sole use and benefit of, and shall devolve upon such person or persons as should or might have, or be entitled to such lands, tenements, or hereditaments, in case the said grantor or grantors thereof, or the person or persons so encumbering the same, had been naturally dead, and as if such mortgages, securities, or other conveyances, had been made to such person or persons so to be entitled after the decease of the person or persons so encumbering the same; and all grants and conveyances to be made for the preventing such 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 and void, and of none effect. Sec. III. [Directing how money lost at play shall be recovered back-re-enacted with amendments, by act of 1765. See sec. 5.] 3. Sec. IV. And for the better discovery of the moneys or things Ganiesters so won and received, and to be sued for and recovered as aforesaid, cover back It is further enacted, that all and every the person or persons who, mopy by virtue of this present act, shall or may be liable to be sued for compelled to the same, shall also be obliged, and compellable to answer upon oath amount on such bill or bills in equity, as shall be preferred against him or them, for discovering the sum or sums of money, or other things, so won and received at play as aforesaid: Provided nevertheless, that upon the discovery and repayment of the money, or other thing, so to be discovered and repaid as aforesaid, together with the costs that may have accrued, such person or persons shall be acquitted, indemnified, and discharged from any further or other punishment, forfeiture, or penalty, inflicted by this act. sued to re won discover the oath. ing, challeng gaming, shall pounds, and 4. Sec. VI. And for preventing such quarrels as shall or may hap- Persons fightpen upon the account of gaming, Be it further enacted, that in case ing, &c. on any person or persons, upon account of any money won by gaming, "ccount of playing, or betting, at any of the games aforesaid, shall assault and forfeit 20 beat, or challenge, or provoke to fight, any other person or persons, be imprisuch person or persons so assaulting, beating, challenging, or provok- soned. ing to fight, on being thereof convicted, upon an indictment or information to be exhibited against him or them for that purpose, shall forfeit to his majesty, his heirs, and successors, the sum of twenty pounds lawful money of this province, for the use of the said province, and shall also suffer imprisonment, not exceeding six months, without bail or mainprize. [See sec. 66. Penal Laws.] Money lost he recovered back [The rest of this act, making fraudulent gaming, and gaming in public-houses, punishable as crimes-embraced by the penal code. For the revival of this, and the following act of 1765, see Laws, sec. 2.] An Act additional to the foregoing.--Passed March 25, 1765. Vol. 1. 253. Whereas it hath been found by experience, that the above-mentioned act hath not altogether answered the several good ends and purposes thereby intended; 5. Sec. I. Be it enacted, &c. That from and after the passing of at play may this act, if any person or persons whosoever, who at any time or times, sitting or sittings, within the space of twenty-four hours, by playing at cards, dice, tables, or any other game or games, or by betting on the sides or hands of such as do play at any of the games aforesaid, or any game whatever, shall lose to any one or more person or persons so playing, or betting, in the whole the sum or value of five shillings lawful money of this province, and shall pay or deby the loser, liver the same, or any part thereof; the person or persons so losing, in six months. and paying or delivering the same, shall be at liberty at any time within six months then next following, and not after, to sue for, and recover the moneys or goods so lost and paid or delivered, or any part thereof, from the respective winner or winners thereof, with costs, by a warrant from a justice of the peace, in nature of a warrant for debt, founded on this act, in case the moneys or effects so lost, and paid or delivered, shall not exceed the value of eight pounds* lawful money of this province; and in case the moneys or goods, so lost and paid or delivered, shall exceed that sum, the loser shall and may recover the same from the winner or winners, with costs, by action of debt founded on this act, to be prosecuted in his majesty's general court of pleas in this province; to which action or suit, no assoign, prosecution, wager of law, privilege, or more than one imparlance shall be allowed, and in which action or suit it shall be sufficient for the plaintiff to allege, that the defendant or defendants are indebted to him, or received to the plaintiff's use, the moneys or effects so lost and paid, or converted the moneys or effects so won of the plaintiff to the defendant's use, whereby the plaintiff's action accrued to him, according to the form of this act, without setting forth any special matter; and in case the person or persons, who time, any shall lose such money or effects as aforesaid, shall not, within the may sue for time prescribed, really and bona fide sue, and with effect prosecute for the moneys or effects so by him or them lost and paid or delivered himself, and as aforesaid, it shall and may be lawful to and for any person or perthe other to sons, by any such action or suit as aforesaid, to sue for and recover the same, with full costs of suit, against such winner or winners as aforesaid, unless such winner or winners, within ten days after the winning such money or effects, shall repay or redeliver to the loser such money or effects, so won and received as aforesaid, together with such costs of suit as may have accrued before the repayment or redelivery of such money or effects; the one moiety of the money or effects so recovered shall be to the use of the person or persons, (other than the person losing,) who shall sue for them, and the other moiety to the use of the poor of the parish where the offence shall After that other person and recover the same; one half to the poor. Justices' jurisdiction restrained to thirty dollars. + Qu. How far this is affected by the judicial act of 1799. see Judiciary, sec. 8. be committed, any thing in the hereinbefore mentioned law to the contrary thereof in any wise notwithstanding. [The residue of this, and the whole of the act of 7th June, 1777, (Vol. I. 255,) to prevent gaming and horse-racing, are embraced by the provisions of the penal code. So also is the act of 14th August, 1786, to regulate taverns, and to suppress vice and immorality, except part of the 5th section; for which, see Vice and Immorality, sec. 8.] HEALTH.-1793. An Act to oblige Vessels and Persons, coming from places infected with Epidemical Distempers, to perform Quarantine, and to prevent the bringing in and spreading malignant and contagious Disorders in this State.*-Passed December 14, 1793. Vol. I. 392. Whereas it is highly necessary, to preserve the health of the inhabitants of this state, that vessels, persons, or merchandise, coming from places infected with malignant or epidemical distempers, should perform quarantine, and means adopted to prevent the spreading of such disorders: when and 1. Sec. I. Be it enacted, &c. That when any country shall be in- Quarantine, fected with the plague, or other malignant distemper, all vessels, how to be boats, persons, and goods, shall be subject to, and be liable to per- performed form quarantine, as in this act directed; and during such quarantine, no person or persons coming, or goods imported in any such ship, vessel, or boat, shall come on shore, or go on board any other ship, or vessel, or boat, or be landed or put into any other ship, or vessel, or boat, in any place within this state, other than such place as shall be appointed for that purpose; nor shall any person go on board any such ship, or vessel, or boat, without license first had and obtained, in writing, under the hand of such person or persons who shall be appointed to see quarantine performed; and the said ships, or vessels, or boats, and the persons and goods coming and imported in, or going on board the same, during the time of quarantine; and all ships, vessels, boats, and persons, receiving any persons or goods under quarantine, shall be subject to such orders, rules, and directions, touching quarantine, as shall be made by the authority directing the same. ing with this 2. Sec. II. If any commander, or master, or other person taking All persons the charge of any ship, or vessel, or boat, coming from any place in- not complyfected as aforesaid, shall go himself, or permit, or suffer any seaman act, to be puor passenger to go on shore, or on board any ship, or vessel, or boat nished. whatsoever, during the quarantine, or until such ship, or vessel, or boat, shall be discharged from quarantine, without such license as aforesaid: And if any person or persons whatsoever, who shall arrive in any port or place within this state, in any ship, or vessel, or boat, which shall, by reason of his coming from any country or place infected with any contagious distemper, be obliged to keep quarantine, shall quit such ship, or vessel, or boat, by coming on shore, or going on board any other ship, or vessel, or boat, before or while under quarantine, it shall and may be lawful for the person or persons appointed to see such quarantine duly performed, and they are hereby required, to compel such person or persons to return on board of Act of 1767, directing land to be purchased on Tybee Island for a Lazaretto. See Vol. I. 344. |