Imprisonment. subject to imprisonment in the common gaol, for a time not less than sixty days nor more than twelve months, at the discretion of the court having cognizance of the offence. A judge of the superior or county court authorized, up to issue a warrant to arrest offenders, and publications and instru ments of gaming. SECT. 2. That upon complaint on oath by any grandjuror, or by any two credible persons, to any judge of the superior court, or county court, that he or they suson complaint, pect, or have cause to suspect, that any house or other building in the county in which such judge resides, is used for the purpose of printing, binding, depositing, or to seize obscene selling, any such book, pamphlet, ballad, or printed sheet, or any such painting, print, drawing, or figure, or as and for a common gaming-house, for the purpose of gaming for money, or other and that the same property, is unlawfully used for either of the purposes aforesaid, or that any idle, or dissolute person or persons resort to a gaming-house or building with that design, whether the name of such person or persons be known to such complainant or complainants or not, such judge may issue a warrant, in due form of law, commanding any proper officer to enter into any such house or building, and to arrest any and all persons, who shall be there found, playing for money or other property, and the keeper or keepers of said gaming-house, or houses, or building having therein said books, prints, and other articles above described, or any of them; and also to take into his custody, all the materials and instruments for gaming as aforesaid; and all such obscene books, pamphlets, ballads, or printed sheets, and all such obscene and licentious paintings, prints, drawings, or figures; and the person or persons so arrested, and all the instruments used for gaming as aforesaid; and all said books, pamphlets, ballads, printed sheets, paintings, prints, drawings or figures, so seized to keep, so that the same may be forthcoming to be dealt with and disposed of according to law. lications and instruments. Conditional auSECT. 3. That if the person or persons in whose thority to de- possession such materials, books, and other articles, stroy such pub- above described are found, shall concede that said materials and instruments, were used for the purpose of gaming, or that such books, pamphlets, ballads, or printed sheets, of an obscene character, or that such paintings, prints, drawings or figures, are of an obscene and licentious character, such judge may order the same forthwith destroyed; otherwise such judge shall proInvestigation ceed to enquire into the facts, and on finding that said materials and instruments were used for the purpose of gaming; or that such books, pamphlets, ballads or printed sheets were of an obscene character; or that such of facts. lute. paintings, prints, drawings or figures, were of an ob- Authority absoscene and licentious character; such judge may order the same forthwith to be destroyed. TITLE 22. Deaths. An Act concerning sudden or untimely Deaths. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That when and how when any person shall come to a sudden, untimely, or Jury of inquest, unnatural death; or be found dead, the manner of summoned. whose death is not known; any justice of the peace, or if there be none in the town, any constable of the town, shall forthwith summon a jury of twelve judicious men, who shall be sworn by such officer, to enquire of the cause, and of the manner, of the death of such person, and shall present, on oath, a true verdict thereof, under their hands, to some justice of the peace, who shall return the same to the next superior court in the county: and no fee shall be allowed for any of the services aforesaid. SECT. 2. And if any person, summoned to serve as Penalty on jua juror as aforesaid, shall refuse or neglect to appear, ror for neglect. and perform that service, he shall forfeit the sum of two dollars, to the treasury of the town to which he belongs. TITLE 23. Deaf, Dumb, and Blind. An Act to ascertain the number of Deaf and Dumb and Blind persons in this State, passed 1829. deaf, dumb and BE it enacted by the Senate and House of Representatives in General Assembly convened, That it shall be the duty of the select-men in the several towns in Number of this state, to make returns to the Governor of this state blind persons to for the time being, on or before the 15th day of Janua- be returned to ry, in each year, of the number of deaf and dumb the Governor, sons and blind persons within their respective towns, annually. together with the age, sex and pecuniary circumstances of each. per 23 Divorces, in what cases to be granted. Petition and service. Mode of giving notice, in cer tain cases. TITLE 24. Divorce. An Act authorizing the superior court to grant Divor ces. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That the superior court shall have power to grant divorces to any man or woman, lawfully married, for adultery; fraudulent contract; wilful desertion for three years, with total neglect of duty, by the other party; or in case of seven years' absence of one party, not heard of.* SECT. 2. The party aggrieved may prefer a petition to the superior court, which shall be duly served on the other party; and on due proof of the facts, said court may grant a divorce, and declare the petitioner to be single and unmarried, who may then lawfully marry, or be married, again.† SECT. 3. In every petition for a divorce, returned to the superior court, if it shall not appear, by the return of the officer, or otherwise, that the respondent has had actual notice, the court shall continue the cause until the next term, to the intent that actual notice may be given and when the respondent lives out of the state, and actual notice can be given, it shall be lawful for any judge of the superior court, in vacation, to prescribe the mode in which the same shall be given: and such notice having been given accordingly, at least six weeks before the sitting of the court, to which the petition is returnable, such court, on due proof thereof, may, if they judge it proper, proceed to a trial of the cause, at the first term. If the respondent be absent out of the state, and cannot be served with actual notice, without great expence, the pendency of such petition shall be published in two or more newspapers in this state, immediately after the rising of such court, six weeks successively. And if the petitioner shall have removed from any other state or nation, to this state, and shall not have statedly resided in this state, three years next before the date of said petition, he or she shall take nothing by the petition, unless the cause of divorce shall have arisen subsequent to his or her removal into this state. And in every case, where the petitioner coming to reside in this state, shall have left his or her * 8 C. R. 167. 9 C. R. 234. 326. 321. 10 C. R. 221. 1 Day 111. +7 C. R. 117. 4 Day 343. consort in any other state or nation, actual notice of the pendency of such petition, shall be given to the respondent, by the reading of the petition in his or her hearing, which shall be proved by the oath of the person reading the same, administered by proper authority. And if the respondent, so notified, shall not appear in the cause, at the term to which the petition is returnable, the court shall continue the petition to the next term.* SECT. 4. The superior court shall have power to as- Alimony. sign to any woman, so divorced, such reasonable part of the estate of her late husband, as in their discretion, the circumstances of the estate will admit, not exceeding one third part thereof.t TITLE 25. Dogs. An Act for preventing mischief by Dogs. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That make rules, &c. any two justices of the peace, in any town, may make Two justices of all necessary rules, orders and regulations, whenever the peace may they shall judge the inhabitants of the state, or their relating to property, shall be in danger, for the confining, restrain- dogs; ing, killing, or destroying of dogs, belonging to, or found in their respective towns, as they shall judge reasonable, for the effectual security of such inhabitants, or their property; and such rules, orders, or regulations, shall be published, and a notification of the same set up to be published; in writing, in three of the most public places in such town, wherein the same shall be made, and not less than one, in each school society therein. And when such rules, orders, or regulations shall be so made and and obeyed; published, all persons shall conform thereto; and if any person shall violate, or offend against, any of such rules, orders, or regulations, he shall forfeit and pay the sum of seven dollars, one half to him who shall sue for and Penalty. prosecute the same to effect, and the other half to the treasury of the town, in which such offence shall be committed; and all dogs, which shall not be confined and restrained agreeably to such rules and orders, so What dogs may made and published, may be killed, by any person who- be killed. But nothing in this act shall be construed to soever. prevent any person from killing any dog found mad, or Proviso. justly suspected to be mad, or that shall be found doing * Kirby 270. 1 Root 355. + 5 Day 353. mischief, or attempting to do the same, when alone, out of the possession of his owner, and distant from the care and control of any person, having the charge of such dog. Dogs to wear SECT. 2. Every dog permitted to go at large, shall collars, or may wear a collar, with the name of the owner of such be killed. dog, and the place of the residence of such owner, at large and legible thereon; and if any dog shall be found at large, with, or without, the permission of his owner, not wearing such collar, such dog may be killed. Owners of dogs SECT. 3. Whenever any dog shall do any damage, to pay damages either to the body, or property of any person, the owndone by them. er or keeper, or the parent, guardian, or master of any such owner or keeper, as may be a minor, or servant, shall pay such damages, as any person may havė sustained by such dog.* Who shall be er. TITLE 26. Dower. An Act providing Dower for Widows. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That every married woman, living with her husband, at the entitled to dow- time of his death; or absent from him, by his consent, or by his default, or by inevitable accident; or in case of divorce, where she is the innocent party, and no part of the estate of her husband was assigned to her, for her support; shall have right of dower in one third part of the real estate, of which her husband died possessed, in his own right, to be to her during her natural life; unless a suitable provision was made for her support, before the marriage, by way of jointure.t How to be set out. SECT. 2. It shall be the duty of the heirs, or persons entitled to said estate, within sixty days after the death of the husband, to apply to the court of probate, in the district where the will of the deceased was proved, or administration on his estate granted, to have dower assigned to the widow; and such court shall appoint three sufficient freeholders of the county, who, on being duly sworn, shall set out to the widow her dower or thirds, in the estate of her deceased husband; and in case the heirs, or persons entitled to the estate, shall neglect to have dower assigned as aforesaid, then, on complaint of the widow, to such court of probate, said Act 1829. * 2 C. R. 206. 9 Root 468. 1 C. R. 559. 9 C. R. 79. 1 Root 50. 227. |