Слике страница

Selling on

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 working on that day, excepting works of necessity and charity, unless done by some person who uniformly keeps Saturday as holy time, and does not labor or work on that day, and whose labor shall not disturb other persons in the observance of Sunday. Any person fourteen years of age or upwards, who violates any provision of this section, is liable to a penalty of one dollar for each offense.

2 R. S., 83, § 66.



§ 851. No person shall expose to sale cles on Sunday; except meats, milk and fish, which may be sold before nine o'clock in the morning and except medicines, which may be sold at any time; and the articles so exposed for sale shall be forfeited. Upon conviction of the offender by any justice of the peace of the county, or mayor, recorder or alderman of the city, such officers shall issue a warrant for the seizure of the forfeited articles, which, when seized, shall be sold on one day's notice, and the proceeds shall be paid to the overseers of the poor for the use of the poor of the town or city.

Ib., § 67.

of Satur day.

§ 852. Every person who keeps Saturday as Observance holy time and does not labor on that day is exempt, on that day, from performance of military duty, except in case of war, invasion or insurrection, and from performance of jury duty.

2 R. S., 84, § 69.

§ 853. Whoever maliciously procures any process in a civil action to be served on that day upon any such person, or serves any such process returnable on that day, or maliciously procures any civil action, to which such person is a party, to be adjourned to that day for trial, is guilty of a misdemeanor.

Ib., §§ 70, 71.

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of offenders.

§ 854. On complaint made to any justice of the Prosecution peace, mayor, recorder or alderman, of a violation of any provision of this chapter, or when such magistrate witnesses any such violation, he shall cause the offender to be brought before him; and if upon summary inquiry he is found guilty, the magistrate shall make a record of his conviction. Such conviction is not the subject of review upon the merits. No process to enforce it shall issue before the record is signed.

Ib., § 72.

§ 855. No prosecution shall be had for any of Limitation.' the violations specified in the preceding section, unless by issuing process to apprehend the offender,

Collection of penalties.

Certificate of convictions, &c.,

or by his actual appearance to answer the complaint, within twenty days after the offense.

2 R. S., 84, § 73.


§ 856. Upon a conviction for such offense, the magistrate shall, except where it is otherwise provided, issue an execution to any constable of the county, commanding him to levy the penalties and costs, of the personal property of the offender, and in case sufficient cannot be found, then to commit him to the county jail for a specified time, not less than one nor more than three days.

Ib., § 74.

§ 857. Within thirty days after any such conto be filed. viction, the magistrate shall cause to be filed, in


the office of the clerk of the county, a certificate thereof, briefly stating the offense charged, the conviction and judgment thereon, and, if any fine has been collected, the amount thereof and to whom paid.

Ib., 85, § 75.

§ 858. The same fees shall be paid by the convict as in civil suits before justices of the peace, but in no case to exceed five dollars; but no fees shall be allowed in case of his imprisonment.

Ib., § 76.



SECTION 859. Willful mischief is a misdemeanor. 860. Damages.


a misde

§ 859. Willfully injuring or defacing the pro- mischief is perty of another, whether real or personal, or any meanor. public way, or willfully obstructing any railway property or work, is a misdemeanor.

§ 860. Whoever commits any act embraced in Damages. the preceding section is liable in treble damages to the owner of the property or public way, or to the public officer having charge thereof.

The existing provisions respecting liability for the commission of willful mischief are very diverse (1 R. S., 1094, § 57; Laws of 1854, ch. 120; 1 R. S., 1238, 40; Laws of 1854, ch. 573; 1 R. S., 1197, § 8; Laws of 1854, ch. 112), some authorizing a recovery of damages merely, some treble, some quintuple damages, some a fixed penalty.

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