March 1734, are free. Death and emancipation will foon abolith a practice, which is equally repugnant to the dictates of found policy, and the voice of humanity. But it ought to be remarked, that those who are yet flaves, are treated with proper kindness and are in general much happier than thofe who have obtained a liberty, which they know not how to ufe as not abufing it. III. Horfe-racing is prohibited by ftatute, which enacts, That the owner or owners of every horse or horle-kind, that shall be fed, employed, or improved in horfe-racing, by his, or their privity, or permiffion, whereon any flakes are held, or any bets or wagers laid, or dependent, either directly or indirectly, fhall forfeit every fuch herfe or horfe kind, or the value thereof. And that ev ery perfon concerned in laying any bets, or wagers, on fuch race, or races, fhall forfeit the fum of forty fhillings, where the bet, or wager thall be forty fhillings or leis, and if more, the value of the bet or wager laid: one half of the forfeiture in cafe of a common informer, to him who fhall fue for the fame, and the other half to the public treatury, but if the profecution be in the name of an informing officer, the whole penalty goes to thepublic treaftry. Tho horfe-racing might tend to improve the breed of horses, by inducing the raifing of the best kind for the race; tho it furnishes the moft enchanting amufement to the people of many countries, yet when we confider how much it encourages the dangerous practice of gambling, and how much it promotes idleness, there can be no doubt of the propriety of prohibiting it and while we are deprived of the pleasure of beholding the fleetness and agility of the nobleft animals, we derive a confolation from the confideration, that the facrifice is attended with falutary effects to the community. IV. » The fuppreffion of mountebanks is effected by a statute declaring, that no mountebank, or perfons whatever, under him, fhall exhibit, or caufe to be exhibited, on any public stage, or place whatever, any games, tricks, plays, juggling, or feats of uncommon dexterity and agility of body, tending to no good and ufeful purposes, but tending to collect together numbers of spectators, and gratify vain or uftless curiofity, nor fhall any mountebank, or any perfon ander him, at or on any fuch ftage or place, offer, vend or other. n Statutes, 161. w ile wife difpofe of, or invite any perfons fo collected to purchase, or receive any phyfic, drugs, or medicine, recommended to be efficacious and useful in various diforders: and on conviction, the offender forfeits the fum of twenty pounds, to him who fhall fue for it, and profecute to offect: but if the profecution is by an informing officer, the penalty goes to the county treafury: and if a fervant, minor, or apprentice, under age, is guilty, the fine is to be paid by the parent, guardian or mafter, under whofe direction the act is done, and execution is to be awarded accordingly. V. Gaiming is an amufement, the propenfity of which is deeply implanted in human nature. Mankind in the most unpolished ftate of barbarifin and in the most refined periods of luxury and diffipation, are attached to this practice with an unaccountable ardor and fonduefs. To deferibe the pernicious confequences of it, the ruin and defolation of private families, and the promotion of idlenes and diffipation, belong to a treatise on ethics. Tho laws are made to reftrain this pernicious practice, yet fo little difgrace attends it, that it is very difficult to carry them into execution. . It is enacted by ftatute, that if any perfon of whatever rank or quality, fhall play at cards, dice, or tables, he shall pay a fine of twenty fhillings for every offence of which he is convicted.That the head of every family, where fuch game is ufed with his or her confent or knowledge, fhall pay the fame fine, for each time any fuch game is played in his or her houfe. That whoever fhall fell any playing cards. or have them in his poffeffion for fale, or fhall offer them for fale, fhall pay a fine of forty fhillings; that no taverner fhall keep in or about his houfe, or any of the dependencies, any dice, cards, or tables, bowls, fhute boards, billiards, coytes, keils, loggers, or any other inftruments ufed in gaming, nor fall fuffer any perfon reforting to his houfe, to ufe or exercife any of the faid games, or any other unlawful game in his houfe, or dependencies, on penalty of forty fhillings for each offence; and every perfon convicted of playing cards, dice, or tables at a tavern shall incur the fame penalty as for gaming at a private house, and for playing the other mentioned games at a tavern, the penalty often hillings, one half of the tincs inflicted by this act, fhall belong to the perfon who fhall difcover and give information of the offence, and the other half to the town treasury, and it is made the duty of informing officers, to enquire after and prefent all breaches of this law. The law makes no difference, whether the playing be for money or amufement. The object feems to be, to forbid playing at fuch games for amufement, to prevent the introduction of the practice of playing for money. The confequence is, that the people are reftrained from an amufement generally deemed innocent, to prevent the gradual approaches to guilt. But the prohibition of innocent amufements, to prevent thofe which are not fo, will excite a diflike to the law and prevent its execution. The beft policy would be to prohibit amufements in that ftage when they may be deemed criminal, and leave to makind the liberty of whiling away the tedious hours of life by innocent amufements; for then there will be a much greater probability, that the laws will be executed. The rigor of the laws in prohibiting amufements ftrongly speaks the puritanic fpirit of the times in which they were made; but the obfervance of them at the prefent day, does not manifeft much of the principles of puritanifin. VI. Ufury not only vacates the fecurity for the debt, but is an offence punishable by ftatute. Every perfon who fhall take, or receive in any way whatfoever, for the forbearance of the payment of money, or any other thing, above the fum of fix per cent. for a year, and at that rate, for a greater or leffer fum, or for a Jonger or fhorter time, fhall forfeit the value of the goods or money lent or fold, one half to the public treafury and the other half to any informer who fall fue for and profecute the fame to effect.A process is alfo prefcribed by ftatute, by which offenders may be bound to their good behaviour, but this is obfolete. VII. Cheating, is the defeating of fome perfon of his right, is an offence at common law, and punithable by fine, inprifonment and pillory. All deceitful practices, in defrauding or endeavouring to defraud another of his known right, by fome artfu! device, contrary to the plain rules of common honefly, are deemed criminal. Such asplaying with falfe dice; cauling an illitertate perfon to execute a ✰ Statutes, 260. 24 Black. Com. 158. 1 Hawk. P. C. 183 deed deed, by reading it over to him in words different from what are written perfuading a woman to execute writings to another as trustee, upon an intended marriage, which in truth contained no fuch thing but a warrant to confefs judgment; fuppreffing a will and the like. VIII. Fraudulent conveyances of real and perfonal property, and all contracts, judgments and executions made to avoid juft debts, are void as relative to the perfons intended to be defrauded; and all parties to fuch fraudulent conveyances, contracts, judgments and executions, being privy, who fhall knowingly juftify the fame to be done bona fide, and on good confideration, or fhall alien, or affign any eftate fo conveyed to them, fhall forfeit one year's value of the rent of the land, or other profits of the fame, the whole value of the goods and chattles, and the amount of the money contained in the covinous contract, and fuffer half a year's imprifonment; the forfeiture to be equally divided between the party aggrieved and the county treafury. IX. Setting up lotteries, to fell or difpofe of goods, or any thing whatever, or by wagers, fhooting, or any other fuch way or exercife, to fell and difpofe of money or any thing at adventure, or to fet up notifications, to entice people to depofit or rifque property for fuch purposes, subjects the offenders to forfeit the value of fuch goods, money or other things fo difpofed of; one half to the profecutor, and the other half to the county treafury: and if common informers fail to profecute, grandjurors are directed to make prefentment. To buy, fell, or difpofe of lottery tickets, ifucd by the anthority of any ftate, but this, fubjects the offender to a penalty of forty fhillings, half to the town where the offence is committed, and half to the informer, without appeal. X. u No briefs, craving the charitable contribution of the people in any towns or focieties, fhall be read or attended to, without the allowance of the governor and council, and by them direct ed where it fhall pafs, on penalty of five pounds, to be forfeited by the perfon who fhall read and publifh fuch brief, not allowed and directed as aforefad, one third to the informer, and the reft to the county treasury, unless it be done in fome town or fociety, upon Ꮓ Ꮓ fome fome special occafion, for any of their own diftreffed or afflicted inhabitants. XI. Nuifances were defined, when we treated of them as a private injury. When they affect the public, a punishment is provided by ftatute. If any perfon block up or lay, or caufe to be laid in any highway, any stone, trees, or timber, or by digging, or any means obftruct, hinder or endanger the paffage of travellers in fuch ways, he fhall on conviction pay the charge of repairing, clearing, or filling up the fame, and incur the penalty of twenty fhillings, one half to the town treafury and the other half to the informer. If any perfon erect or fet up any gates, bars, rails, or fence upon, or across any highway, country road or street, or continue any fuch to the annoyance and incumbrance of the fame, it fhall be deemed a common nuifance, and be lawful for any person to pull down and remove the fame. If any perfon fhall obftruct, ftop or dam any river, brook, stream, or run of water, out of its natural courfe, without liberty of the town where they are; and if any perfon fhall dam, stop, or obstruct any brook, river or ftream, or run of water, or shall by daming, digging, or the like, turn them out of their natural course, to the prejudice of any town, proprietors, or particular perfons, the fame fhall be deemed a common nuifance, and may be removed as fuch; and the perfon making fuch nuifance after warning, shall remove the fame, upon penalty of five fhillings per week, during its continuance, one half to the complainer, and the other half to the town treasury, where the offence is committed: provided that the act fhall not be understood to hinder any dam for a mill or other ufe, where no fpecial damage accrues to any per fon. CHAPTER TWELFTH. OF CRIMES AGAINST PUBLIC JUSTICE. 1* BRIBERY, is where a judge, or other perfon concerned in I the adminiftration of juftice, takes an undue reward, to influence Statutes, 181. * I Hawk. P. C. 168. 4 Black. Com. 1¿y. |