case against the offender, and shall recover damages and

costs.

1798 '22.

Penalty

ing lamps,

An act to prevent the Breaking of Lamps and Lanterns in any town in this State.

SECTION 1. Be it enacted by the General Assembly, and by for break- the authority thereof it is enacted, That every person who &c. shall be convicted before a justices' court, or the court of general sessions of the peace, of wilfully breaking any public or private lamp or lantern which is already set up, or hereafter shall be set up, in either of the towns within this State, shall, for every such lamp or lantern so broken, forfeit and pay a sum not exceeding twenty dollars, one moiety thereof to the use of the town in which such lamp or lantern shall be broken, and the other moiety for the use of him or her who shall sue for the same; and shall moreover, on conviction as aforesaid, pay double damages to the proprietor or owner of such lamp or lantern, and all costs of prosecution and conviction.

Broken by apprentices, to be paid for

&c.

SEC. 2. And be it further enacted, That if such lamp or lantern shall be broken by any servant or apprentice who shall not be able to pay such fine, damages and costs, and by master, such servant or apprentice shall be convicted thereof as aforesaid, the master of such servant or apprentice shall be obliged to pay the fine, damages and costs, and the court before whom such conviction shall be had shall render sentence and grant a warrant of distress accordingly.

1798 '99 1800 '07 '19 '22.

Exclusive right vest

ed in the proprie

tors of ferries.

An act regulating Ferries.

SECTION 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, That the respective proprietors on each side of the two ferries kept between Newport and Jamestown; of that between Jamestown and South-Kingstown, called the South Ferry; and of that between Bristol and Portsmouth, be and they are hereby vested with the exclusive right and privilege of conveying and transporting passengers, horses, neat cattle and all other freight, across their respective ferries, for the several rates of ferriage hereinafter prescribed, and subject to the regulations and penalties by this act provided.

readiness,

SEC. 2. And be it further enacted, That the said pro- Boats to prietors respectively shall constantly keep and maintain be kept in at each of their said ferries, and on each side thereof, one &c. good boat, (with proper and sufficient tackle and apparel, together with two good oars and one boat-hook,) which shall at all times be kept afloat and in constant readiness, and shall, on the application of any person or persons whomsoever, for the conveyance or transportation of themselves or freight across said ferries, and on paying or tendering the lawful ferriage therefor, be put off, and shall proceed across said ferries, wind and weather permitting.

passing at

SEC. 3. And be it further enacted, That passengers and Terms of freight at Bristol ferry shall and may, on payment or ten- Bristol der of single ferriage, be conveyed across said ferry at all ferry. times between sunrising and eight of the clock in the evening, at all seasons of the year.

ferries.

SEC. 4. And be it further enacted, That at the said other At other ferries passengers and freight shall and may, on payment of single ferriage, be conveyed across said ferries at all times between sunrising and sunsetting.

when to

SEC. 5. And be it further enacted, That at all times other Double than as before provided, and on Sundays, thanksgiving ferriage, days and fast days, passengers and freights shall and be paid. may, on payment or tender of double ferriage, be conveyed across said ferries; except that at Bristol ferry they shall be conveyed across between sunrising and eight o'clock, P. M. upon the payment of single ferriage, except from the first day of December to the first day of March, when, from sunrise until six o'clock, P. M. they shall be conveyed for single ferriage, and before and after those hours upon the tender or payment of double ferriage: Provided however, That all physicians, surgeons and mid- Proviso. wives on their professional duties, and persons going for them, shall at all times be conveyed for single ferriage.

ferrymen..

SEC. 6. And be it further enacted, That if any ferryman Penaly for shall refuse or neglect to keep his boat afloat and in read-neglect in iness as aforesaid, or shall refuse or neglect to convey or transport any person applying for passage or conveyance of freight, and tendering or paying lawful ferriage therefor, according to the provisions aforesaid, the proprietor of such ferry where such refusal or neglect shall happen shall forfeit and pay for each neglect or refusal the sum of ten dollars, one moiety thereof to the State and the other moiety to the person who shall sue for the same,

Boat,

be put off.

SEC. 7. And be it further enacted, That it shall be the when to duty of the ferryman at each of said ferries to put off the boat whenever it shall appear that the boat from the other side is on her passage, or nearly arriving on that side where the boat is at the wharf, under the penalty of one dollar, to be recovered by an action of debt in any court proper to try the same.

Penalty

for permit

ting boat to be ab

sent.

Wharves

in repair.

SEC. 8. And be it further enacted, That no proprietor or keeper of said ferries shall cause or suffer his ferryboat to be absent from the said ferry, on any pretence whatever, (excepting for necessary repairs,) under the penalty of thirty dollars for every three hours' absence therefrom, to be recovered by an action of debt in any court of record proper to try the same, one half thereof to the use of the State and the other half to the use of him who shall sue for the same.

SEC. 9. And be it further enacted, That the proprietors of to be kept each of said ferries shall keep their respective ferrywharves in good repair, so that at common low-water their respective boats can receive on board freight and passengers afloat, and come to sail and proceed across said ferries, weather permitting.

Penalty

lect.

SEC. 10. And be it further enacted, That if the said profor neg- prietors or either of them shall neglect to keep their respective wharves in suitable repair, the proprietor or proprietors so neglecting shall forfeit and pay, to and for the use of the State, the sum of ten dollars for each and Commit- every month's neglect; such neglect to be ascertained by tee to be a committee to be annually appointed in May, as other appointed. State officers are, whose duty it shall be to report at the

annually

May and October sessions of the general assembly; and all such penalties as they shall report forfeited as aforesaid, shall be sued for and recovered in an action of debt by the general treasurer.

No person SEC. 11. And be it further enacted, That no person shall but a pro- transport passengers or freight across either of the said carry pas- ferries, except the proprietors thereof or their agents,

prietor to

sengers.

or take off or land the same at or from either of the said ferry wharves, except as before provided, under the penalty of fifty dollars, one half thereof to the use of the State and the other half to the use of the person who shall prosecute and sue for the same, to be recovered in an action of debt in any court proper to try the same.

SEC. 12. And be it further enacted, That the proprietors or keepers of said ferries are and shall be entitled

to receive the following rates of ferriage and no more, to

For each and every draft horse,

For ditto neat beast, two years old and up

wards,

For every horse and carriage with the per

sons in it,

For all heavy goods per cwt.

23463

6

to be post

house.

SEC. 13. And be it further enacted, That the proprietors Ferry of the several ferries shall keep constantly posted up in laws, &c. their respective ferry houses, in some public room or ed up in place, a printed abstract of the several laws regulating ferry said ferries, and a schedule of the legal rates of ferriage, the condition in which the boats and wharves are to be kept, and generally the duties of said proprietors and of the ferryman, and the penalties for a breach thereof: and Penalty every proprietor or occupier of a ferry who shall neglect to comply with the foregoing provision, shall forfeit and pay the sum of five dollars for every such offence, to and for the use of the town within which his ferry is located: provided that the space of five days after any Proviso. complaint shall be allowed to such proprietors or occupier, within which to comply with the law, before he shall be again made liable for the same offence.

for neg

lect.

to sue for

SEC. 14. And be it further enacted, That it shall be the du- Town ty of the town-treasurers of the several towns in which treasurer ferries are established, to sue for and recover all penalties penalties. incurred by breaches of any of the laws relating to ferries; and if any such town-treasurer shall refuse or neglect to prosecute therefor, upon information given to him in writing, by any person competent to prove the breach complained of, or who shall name to him competent witnesses to prove the same, such town-treasurer for every such neglect shall forfeit and pay the sum of fifteen dollars, to be recovered by the person by whom the information was given to said town-treasurer; and it shall further be the

duty of said town-treasurers to make report to the general assembly when in session, of all complaints laid before them, and of their proceedings thereon.

1679, 1750 An act prohibiting Sports and Labor on the First Day of the Week.

784 '98.

Penalty

for labor

the week.

SECTION 1. Be it enacted by the General Assembly, and by ing on the the authority thereof it is enacted, That no person in this State first day of shall do or exercise any labor or business or work of his ordinary calling, or use any game, sport, play or recreation, on the first day of the week, or suffer the same to be done by his children, servants or apprentices, (works of necessity and charity only excepted,) on the penalty of one dollar for the first offence, and two dollars for the second offence, for the use of the poor of the town where the offence shall be committed; to be recovered on conviction thereof before any justice of the peace or warden of such town; and to be levied by warrant of distress from such justice or warden, which shall be levied upon the goods and chattels of such offender, and for want of his goods and chattels sufficient to satisfy and pay said fine and costs, such offender shall be committed to the jail in the county wherein such offence shall happen, for the space of ten days.

For em

ploying

others.

SEC. 2. And be it further enacted, That whosoever shall employ, improve, set to work or encourage any other person's servant to commit the aforesaid offence, and be convicted thereof, shall suffer the like punishment: and if any person shall think himself or herself aggrieved at any such judgment or sentence as aforesaid, he or she may have an Appeal. appeal therefrom to the next court of general sessions of the peace in such county, by paying down the costs of such court, and entering into recognizance, with surety for his personal appearance before the said court of sessions appealed to, and then and there to prosecute his said appeal with effect.

Limitation of com

SEC. 3. And be it further enacted, That all complaints plaint. against the offender, for offences expressed in this act, shall be made within ten days after the committing thereof, and not after.

Exception

SEC. 4. And be it further enacted, That all the professors in favor of of the sabbatarian faith or of the Jewish religion throughrians, &c. out this State, and such others as shall be owned or ac

sabbata