then and there the lawful wife of the said J. R., by then and there having carnal knowledge of the body of her, the said E. F. 977. Polygamy. [See F. 872.] did marry one E. F., spinster, and the said E. F. then and there had for his wife; and that the said C. D. afterwards, to wit., on the day of -, &c., at B. aforesaid, in the county aforesaid, did marry and take to wife one I. J., widow, and to the said I. J. was then and there married; the said E. F., his former wife, being then and there alive. 978. Keeping a house of ill fame. [See F. 872.] and on divers other days and times, between that day and the day of exhibiting this complaint, did keep and maintain, and doth yet keep and maintain a certain common, ill-governed and disorderly house; and in the said house, for his own lucre and gain, certain persons, as well men as women, to frequent and come together, then. and on the said other days and times, there unlawfully and willingly did cause and procure; and the said men and women, in the said house, at unlawful times, as well in the night as in the day, then, and on the said other days and times, there to be and remain, drinking, whoring and misbehaving themselves, unlawfully and willfully did permit and still doth permit, to the great damage and common nuisance of all the peaceable citizens of the said State there residing, inhabiting and passing; (omit, "contrary to the form of the statute in such case made and provided.") 979. Keeping a disorderly house. [See F. 872.] and on divers other days and times, between that day and the day of exhibiting this complaint, a certain common, ill-governed and disorderly house unlawfully did keep and maintain; and in the said house, for his own lucre and gain, certain evil-disposed persons, as well men as women, of evil name, fame and conversation, to come together on the days and times aforesaid, there unlawfully did cause and procure; and the said persons, in the said house, at unlawful times, as well in the night as in the day, on the days and times aforesaid, there to be and remain, drinking, tippling, cursing, swearing, quarreling, and otherwise misbehaving themselves, unlawfully did permit and suffer; to the great injury and common nuisance of all the peaceable citizens of said State there residing, inhabiting and passing. (Omit as in last form.) See State v. Bailey, 1 Foster 343. 980. Digging up a dead body without permission. [See F. 872.] the common burying ground belonging to the (first parish) in the said town of B. there situate, unlawfully, knowingly and willfully did break and enter, and the grave there in which a certain human body, to wit., the body of one E. F., had lately before been interred and then was, unlawfully, knowingly and willfully did open, and the said body of her, the said E. F., and the remains thereof, then and there in the grave aforesaid being, unlawfully, knowingly and willfully did dig up, remove and carry away from and out of the grave aforesaid; he, the said C. D., then and there not being authorized so to do, either by the selectmen, overseers of the poor, or any justice of the peace of the said town of B., in which the said grave and the burying ground aforesaid was and is situate; or by any relative or friend, for the purpose of reïnterment. 981. Concealing a dead body unlawfully dug up. [See F. 872.] did unlawfully and willfully conceal a certain human body, to wit, the body of one E. F., and the remains thereof, which had been lately before interred in a grave in the common burying ground belonging to the (first parish) in the said town of B., and which had then lately before been unlawfully, knowingly and willfully dug up, removed and carried away from the grave aforesaid, (by some person or persons to the said A. B. unknown,) without authority either from the selectmen, overseers of the poor, or any justice of the peace of the said town of B., in which the said burying ground was and is situate, or by any relative or friend, for the purpose of reinterment; he, the said C. D., then and there well knowing the said dead body and the remains thereof to have been unlawfully, knowingly and willfully dug up, removed and carried away from and out of the grave aforesaid, in manner aforesaid. 982. Profane swearing. [See F. 872.] did profanely curse and swear, by uttering with a loud voice, in the presence and hearing of divers citizens of the said State, these wicked and profane words following, that is to say: (here set forth the profane oath and curse, in the words in which they were uttered :) to the great displeasure of Almighty God, against good morals and good manners. 983. Cruelty to animals. [See F. 872.] one cow, of the price of ― dollars, of the goods and chattels of one C. J., then and there being, willfully and maliciously did maim and wound, to the great damage of said C. J. 984. Defacing tombstones. [See F. 872.] did wrongfully and maliciously mutilate, deface and injure a certain gravestone, erected at the grave of one A. B., deceased, in memory of said deceased, and then and there being in the Cemetery; a place used and intended for the burial of the dead in said C. CHAPTER 47. OFFENSES AGAINST PUBLIC POLICY. 1. Lotteries forbidden. 2,2,A. Selling lottery tickets. 3. Keeping gaming house. 4. Winning over $5. 5. Winning under $5. 6. Selling spirit. 6,4. Sale of intoxicating liquor prohib- 6,B. Penalty for sale or keeping for sale. 6,E. Recognizance, how taken. when. 6,G. False statement to agent, penalty. 6,н. Duty of agent. 6,1. Persons found intoxicated, how discharged. 6,K. Search, how made. 6,9. Agents not excused from testifying. 6,v. Former conviction briefly alleged. 8. Bowling alleys. 9. Law, when in force. 12. License, how granted. 16,A. Agents of insurance companies. 6,L. Proceedings if liquor of less value 16,c. Record of, to be kept. than $13,33. 6,м. Proceedings on trial. 6,N. Liquors seized to be returned, when. 6,0. Person claiming liquors may appeal. 6,r. Proceedings if liquor of more value than $13,33. 6, R. Penalty for taking insufficient sureties. 16,D. Penalty for violating, &c. 16,E. No shows exhibited without li cense. 16,г. No theatrical exhibitions without license. 16,c. Form of license. 16,н. Licenses to be paid in advance. § 1. If any person shall make or put up any lottery, or shall dispose of any estate, real or personal, by lottery, he shall be fined not exceeding five hundred dollars nor less than fifty dollars. R. S. 446, ch. 220, § 1; C. S. 561, § 1. § 2. If any person shall sell, dispose of, offer or keep for sale, any ticket or part thereof in any lottery, or shall print or publish an account thereof, or of the place where or person by whom any ticket therein or any part of such ticket is kept for sale, or to be otherwise disposed of, he shall be fined not exceeding one hundred dollars nor less than twenty-five dollars. R. S. 446, § 2; C. S. 561, § 2. §2,A. If any person shall, directly or indirectly, dispose of, cause to be disposed of, offer to dispose of, or offer to cause to be disposed of, any property, real or personal, or any share, claim or interest therein, by lottery, or according to the result of any lottery, or for the purpose, or with the intention, that the same shall be disposed of by lottery, he shall be punished as is provided in the first section of the chapter of which this act is in amendment; and it shall not be necessary to allege in any complaint or indictment, or to prove on trial, in any case arising under this act, who is the owner of such property, or who manages, conducts, or draws such lottery. Laws 1855, ch. 697. §3. If any person shall keep any gaming house or place, and shall suffer and permit any person to play at cards, dice, billiards, or at any bowling alley or any game whatever therein, for money, hire, gain or reward, or to bet on the hands or sides of such as are so playing, such person shall be punished by a fine not less than ten dollars nor more than two hundred [dollars,] or by imprisonment in the county jail not exceeding one year. R. S. 446, § 3; C. S. 561, § 3. §3; § 4. Every person who shall be convicted of winning, at any one time or sitting, by gaming or by betting on the sides or hands of such as are gaming, any money or goods to the value of five dollars or more, and of receiving the same or any security therefor, shall forfeit to the use of the town where the offense shall have been committed, double the value of the money or goods so won and received. R. S. 446, S4; C. S. 561, § 4. § 5. Every person who shall be convicted, on complaint before a justice, of winning as aforesaid, any money or goods of less value than five dollars, and of receiving the same or any security therefor, shall forfeit to the use of the town where such offense is committed, not less than two dollars nor more than ten [dollars.] R. S. 446, § 5; C. S. 561, § 5. §6,A. It shall be unlawful and criminal for any person to sell or keep for sale any spirituous or intoxicating liquor, or any mixed liquor, any part of which is spirituous or intoxicating, contrary to the provisions of this act: provided that nothing in this act contained shall be construed to prevent the sale or keeping for sale, by any person, of domestic wine or cider unmixed with spirituous liquor, except when sold to be drank on or about the premises where sold, or the sale or keeping for sale, by the importer thereof, in the original casks or packages in which it was imported, of foreign spirituous or intoxicating liquor imported under the authority of the laws of the United States. Laws 1855, ch. 1658, § 1. §6,B. If any person not being an agent of some city, town or other place, appointed to sell liquors as hereinafter provided, shall sell or keep for sale any spirituous or intoxicating liquor, or any mixed liquor, any part of which is spirituous or intoxicating, in any quantity, he shall, on conviction, be punished for the first offense, by a fine of fifty dollars; for the second offense, by a fine of fifty dollars and imprisonment for thirty days in the common jail; and for every subsequent offense by a fine of one hundred dollars and imprisonment for ninety days in the common jail, and the costs of prosecution in each case. Ibid. § 2. $ 6,c. If any person shall be a common seller of spirituous or intoxicating liquor, or of mixed liquor any part of which is spirituous or intoxicating, without being duly appointed as provided in this act, he shall forfeit and pay, on the first conviction, fifty dollars and costs of prosecution, and shall be imprisoned in the common jail one month; and on the second and every subsequent conviction, he shall [pay] one hundred dollars and costs of prosecution, and shall be imprisoned not less than three months nor more than six months; and in default of payment of fines and costs imposed by this section for the first offense, the convict shall not be discharged until he shall have been imprisoned one month beyond the term for which he was sentenced; and, in default of payment of fines and costs imposed by this section for the second and every subsequent conviction, he shall not be discharged until he shall have been imprisoned two months beyond the term for which he was sentenced. Ibid. §3. §6,D. If the complainant, in his complaint against any person for keeping any liquor for sale contrary to the provisions of this act, or for being a common seller of such liquor contrary to the provisions of this act, shall allege in his said complaint that he has reason to believe and does believe that any such liquor, or any vessel, implements or fixtures usually connected with such traffic, specially designating the same, are to be found in or upon the premises where said liquor is alleged to be kept in violation of the provisions of this act, or where the offense of being a common seller of such liquor is alleged to have been committed, and that an examination of the premises would, in his belief, furnish evidence to sustain the allegations of said complaint, and that he desires to have the premises-the same not being a private dwelling, |