Petition and order of sale. 1864. sonal property, dated. of the mortgaged property; and if the mortgagor shall fail to perform the condition of the mortgage, the mortgagee may, according to the usual form of process in equity, bring his petition to the court having jurisdiction, within the county in which such manufacturing, mechanical, printing, or publishing establishment, dwelling-house, or building, is situated, for liberty to sell said mortgaged property, to satisfy the debt for which the same is mortgaged; and said court may order the said mortgaged property, or so much of the same as may be necessary to satisfy said debt and the costs of prosecution, together with the fees and expenses of the sale, to be sold by some proper officer, in such manner and with such notice, as said court shall direct, unless the mortgage debt and the costs shall be paid within such time as shall be limited by the court; and the officer's fees, for making such sale, shall be the same as he would be entitled to for levying upon and selling the same property by virtue of an execution. SECT. 5. No mortgage of personal property, executed, acknowl Mortgage of per-edged and recorded, in pursuance of the provisions of this act, shall when not invali- be held invalid as to any item of property included therein, by reason of such item being described, as consisting of a number or quantity, less than its true number or quantity; but the court, before which a petition for foreclosure on such mortgage may be pending, may make such order of division in its final decree of foreclosure and sale, as it may deem just and reasonable to secure the rights of the respective parties. AN ACT FOR THE PRESERVATION OF GAME, AND TO 1861. certain seasons, prohibited. Be it enacted by the Senate and House of Representatives, in General Assembly convened: SECTION 1. That every person, who shall, between the first day Killing game at of February, and the fourth day of July, in any year, kill or destroy, have in possession, sell, or expose for sale, any of that species of game called woodcock, or who shall take or destroy the nests or eggs of the same; and every person, who shall, between the first day of February, and the first day of September, in any year, kill or destroy, have in possession, sell, or expose for sale, any of that species of game called pheasant, partridge, or ruff grouse, or who shall take, or destroy, the nests or eggs of the same; and every person, who shall, between the first day of February, and the first day of October, in any year, kill or destroy, have in possession, sell, or expose for sale, any of that species of game called quail, or who shall destroy the nests or eggs of the same, shall forfeit, for every woodcock, pheasant, partridge, ruff grouse, or quail, and for every nest, or the eggs thereof, so taken, killed, destroyed, or had in possession, the sum of three dollars, to him who shall sue therefor, and prosecute his suit to effect. SECT. 2. Every person, who shall catch, kill, or destroy, any of Taking or killing partridges, &c., that species of game, called pheasants, partridges, or quails, upon on another's land without consent land belonging to any other person, shall forfeit, to the owner or of owner, prooccupant of such land, the sum of five dollars, to be recovered by hibited. an action brought therefor on this statute. birds, prohibited. SECT. 3. Every person, who shall, at any season of the year, kill, Killing or entrapcage, or trap, any nightingale, blue-bird, Baltimore oriole, finch, ping certain thrush, lark, sparrow, cat-bird, wren, martin, swallow, or any bird of the species of woodpecker; and every person, who shall kill, cage, or trap any bob-o-link, or robin, between the first day of February, and the first day of September, in any year, shall forfeit one dollar for each bird so killed, caged, or trapped, to him who shall sue therefor, and prosecute his suit to effect. 1850. SECT. 4. No person shall willfully shoot, or in any other manner, kill or destroy, entrap, ensnare, or otherwise capture, upon lands not Same subject. owned, or occupied by himself, any of the following descriptions of birds, to wit: the robin, night or musquito hawk, whip-poor-will, cuckoo, king-bird, wake-up or high-hole, long-tailed thrush or brown thrasher, mourning dove, meadow lark or marsh quail, fire-bird or summer red-bird, hanging-bird, spider-bird or wax-bird, ground robin, chewheat, bob-o-link or rice-bird, yellow-bird, black-bird, humming-bird, rose-breasted grosbeak, and phebe, nor shall any person willfully destroy the nests or eggs of any of the birds mentioned in this section. 1859. act, how pun. SECT. 5. Every person, who shall be guilty of a violation of the provisions of the preceding sections of this act, may be punished Violation of this by a fine not exceeding five dollars, or by imprisonment in a com-ished. mon jail, not exceeding ten days, or by such fine and imprisonment both. hunting, to be SECT. 6. Every person, who shall enter upon the lands or prem- Entry on lands ises of any resident of this state, at any season of the year, with for unlawful fire-arms, or other implements, for the purpose of hunting contrary deemed a tresto the provisions of any of the preceding sections of this act, with- pass. out the consent of the owner or occupant of said lands and premises, shall be deemed guilty of a trespass, and shall forfeit to such owner or occupant, the sum of ten dollars, in addition to the other forfeitures herein before provided in this act, to be recovered by an action on this statute, but nothing in the preceding sections of this act, shall be construed to prevent any person from taking alive, and keeping, any species of game, or bird, herein before mentioned, for the purposes of domestication or propagation, if it be done without committing a trespass upon the land of another. with ferrets, pro SECT. 7. Every person, who shall make use of ferrets for the 1865. purpose of taking, or destroying, that species of game called rab- Hunting rabbits bits, upon lands not owned, or occupied by himself, shall forfeit, for hibited. every rabbit so taken or destroyed, the sum of ten dollars, to him who shall sue therefor, in an action upon this statute. TITLE XXVIII. AN ACT TO PREVENT GAMING. Gaming contracts to be void. Money lost at gaming may recovered back by the loser. ing. be Be it enacted by the Senate and House of Representatives, in General Assembly convened: SECTION 1. That all contracts and securities, whereof the whole, or any part, of the consideration, shall be money, or other valuable thing, won, laid, or betted, at cards, dice, tables, tennis, bowls, or at any other game or games, or at any horse-race, or other sport or pastime, or any wager, or the reimbursing or repaying any money, knowingly lent or advanced, at the time and place of such play, horse-racing, or other sport or pastime, to any person or persons so gaming, betting, or wagering, or that shall at such time and place so play, bet, or wager, shall be utterly void.* SECT. 2. If any person or persons shall, by playing at any game or games, or by betting on the sides or hands of such as play at any game or games, lose the sum or value of one dollar in the whole, and shall pay or deliver the same, or any part thereof, such person or persons may, within three months next following, sue for and recover, from the winner or winners, the money, or the value of the goods so lost, and paid or delivered, with costs of suits, by action Mode of declar- of debt founded on this statute, in which action it shall be suffi cient for the plaintiff to allege that the defendant is indebted to the plaintiff, or received to the plaintiff's use, the money so lost and paid, or the value of the goods so won of the plaintiffs, whereby the plaintiff's action accrued to him, according to the form of this statute, without setting forth the special matter; and the defendant shall be obliged to answer upon oath, relative to the discovery of the money, or other things, so won at play, if the plaintiff shall so desire; and if he shall refuse to do so, judgment shall pass against Defendant's dis-him by default; but whenever the defendant shall, upon the request closure not to be of the plaintiff, disclose upon oath, the facts by him disclosed shall in a public prose- not be admitted in evidence against him in any public prosecution for the same offense. Defendant obliged to disclose. used against him cution. Any other person may sue for money lost in SECT. 3. If the party losing such money, or other thing, shall not, within the time aforesaid, really and without covin or collusion, gaming, if loser sue for the money, or other thing, so lost, and paid or delivered, and prosecute his suit to effect, any other person may, by action founded on this statute, sue for and recover of such winner or winners, treble do not. Money waged is recoverable by depositor from stake-holder. Wilkie v. Hall, 15 C. R. 32. the value thereof, with costs of suit, the one moiety for the use of the person suing for the same, and the other moiety for the use of the county wherein the offense shall be committed. Search warrant for billiard table, SECT. 4. Whenever any informing officer, or the selectmen of any town, or the major part of them, shall give information to any two E. O. table, &c. justices of the peace, that he or they have cause to suspect that any billiard table, or E. O. table, is kept or concealed in any house, building, or place, in their town, and shall specify such house, building, or place, such justices of the peace may issue their warrant, directed to any proper officer, or, if necessary, to an indifferent person, requiring him, with such proper assistance as may be necessary, to enter such house, building, or place, and to search for such table, and on finding the same, to seize and carry it away, and to make To be seized, and destroyed. return of his doings; and in case any such table shall be seized by virtue of such warrant, such authority shall give order to such officer, or indifferent person, to destroy the same, or shall cause the same to be destroyed. SECT. 5. Whenever any person shall be charged with playing at, Recognizance for or betting upon, any game prohibited by law, or with winning or good behavior. losing any money, or other valuable thing, by play or hazard, upon such game, or with suffering any game, betting, or hazarding, to be played or practised, contrary to law, or with owning, possessing, or sharing in, any billiard table, E. O. table, faro bank, or fund for gaming, contrary to law, he shall be required to become bound for his appearance before the superior court for trial, and he shall also be required to become bound in another recognizance, with sufficient surety, for his good behavior until and during the session of such court; which recognizance shall be taken to the treasurer of the state, in the sum of one hundred dollars, and shall be certified by the authority taking the same, and transmitted by him to such court. deemed a breach, &c. SECT. 6. Such court may, on cause shown, require such person to what shall be become further bound in a recognizance, with sureties, in such sum as it shall deem proper, for his good behavior until and during the next session of said court; and if any person shall, during the time he shall be so bound for his good behavior, be guilty of any of the offenses aforesaid, the same shall be deemed a breach of his good behavior, and a forfeiture of the recognizance, and judgment shall thereupon be awarded for the amount thereof. TITLE XXIX. AN ACT RELATING TO THE GENERAL ASSEMBLY. 1851. Regulating pro election of state officers. Be it enacted by the Senate and House of Representatives, in General Assembly convened: SECTION 1. That whenever the senate and house of representaceedings in joint tives shall join in convention, for the election of governor, lieutenantconvention for governor, treasurer, secretary, or comptroller of public accounts, the president shall require all persons, who are not members of the convention, or persons duly admitted to the floor by resolution of the senate or house of representatives, to withdraw from the floor, and the doors of the hall to be closed. Roll to be called. In case of an ex names of ab sentees to be called. SECT. 2. The roll of the senate, and of the house of representatives, shall be called by the clerks of the respective houses, and the members of the convention shall be required to rise, and answer to their names, before they shall proceed to ballot; and the names of those who may be absent shall be noted by the clerks respectively, to be entered in the journals of the senate and house. SECT. 3. If, on any ballot, the whole number of votes shall excess of votes, the ceed the number of persons who shall have answered to their names, the president shall, before declaring the ballot, cause the names of absentees to be called, and if any shall answer, he shall inquire if they have voted; and if the number of votes shall still exceed the number of persons who shall have answered to their names, and if such excess of votes, subtracted from the highest number given for either candidate, shall be sufficient to change the result, the convention shall order another ballot. 1827. the general assembly to appear SECT. 4. No member of the general atsembly shall appear as an No member of attorney at the bar of said assembly, or before any committee of said assembly, or of either branch of it, unless in his own cause, or as attorney, &c. that of the town which he represents, or of some society or corporation therein, or where there shall be so near a relation between such member, or either of the parties, as between father and son, either by nature or marriage, brother and brother in like kind, uncle and nephew in like kind, landlord and tenant. titions. Adverse party to SECT. 5. No petition, or memorial, preferred to the general assem be notified of pe- bly, shall be heard or considered by said assembly, unless all persons, not petitioners, who are concerned in the estate, or matter in controversy, and have a right to be heard in the same, shall have been notified thereof, by a copy of such petition or memorial, and of the summons annexed thereto, duly attested, and given or offered to them, or left at their usual place of abode, at least twelve days before the day of appearance, mentioned in the summons.* Who is adverse party; effect of want of notice. Derby Turnpike v. Parks, 10 C. R. 522. |