the same same for the purposes aforesaid, such person so refusing shall, upon conviction thereof, be fined in a sum not exceeding six dollars nor less than one." "That if any person found travelling upon the Lord's day shall give any false answer to any of the before mentioned questions, which may be asked him by any selectman or tythingman, the said person shall upon conviction thereof be fined in a sum not exceeding thirteen dollars nor less than one." "That the selectmen of the several towns and places in this state, and the tythingmen chosen as aforesaid, be, and they hereby are required to inform of all breaches of this act within their precincts. And if any person charged with a breach of this act shall be acquitted upon trial, he shall recover costs against the complainant, unless the complainant be a selectman or tythingman,and in that case no costs shall be allowed to the person acquitted. And for the better execution of all and every of the foregoing orders, every justice of the peace, within the county where any offence against this act shall be committed, shall have power and authority to convene before him any person or persons offending as aforesaid,and upon his own view, or other evidence sufficient to convict any person of such offence, to impose the fine and penalty for the same with costs, and to restrain and commit the offender until the same be satisfied, or to cause such fine, penalty and costs to be levied by distress and sale of the offender's goods, returning the overplus, if any be. All fines and penalties accruing by this act, to be for the benefit and relief of the poor of such town or place where the offence is committed, and delivered into the bands of the selectmen or overseers of the poor for that purpose." "That any person shall have the right of appeal to the court of common pleas from any sentence of a justice given against him or her in pursuance of this act, he or she recognizing with sufficient sureties to prosecute his or her appeal with effect. Provided, nevertheless, that it shall and may be lawful for any justice of the peace, on application to grant a license for any person to travel, or do any secular business on said day, which shall appear to him to be a work of necessity or mercy. And suct certificate shall be a bar to any prosecution therefor. And the informing officers aforesaid shall have a right to inquire of any person apparently offending against this act, the cause or necessity of his so doing, and if he or sho shall neglect or refuse to assign such reason or reasons as may appear on trial to be sufficient, or shew such certificate, he or she shall pay costs of prosecution, any other reason he or she may give on trial notwithstanding." "That all prosecutions for offences against this act shall be commenced within thirty days after the offence shall have been committed and not afterward." "That the warrant of distress before mentioned may be in the form following: L. S. STATE OF NEW-HAMPSHIRE. 6.5. To the sheriff of the said county of day of or his in said county, GREETING. at WHEREAS O. F. an infant under the age of twentyone years, on the in said county of before the subscriber, one of the justices assigned to keep the peace within and for said county, was duly convicted of [ here describe the offence as it is described in the complaint or conviction] which offence was committed contrary to the form of an act, entitled "an act for the better observation of the Lord's day, and for repealing all the laws heretofore made for that purpose;" and for said offence the said O.F. was ordered to pay a fine of and costs of prosecution, amounting in the whole to the sum of and whereas A. B. of &c. (addition) at the time of the conviction aforesaid, was [parent, guardian or master as the case may be] of the said O. F. and by law liable to the said fine and costs, and hath been duly notified of said conviction, and the same fine and costs still remaining unpaidthese are therefore in the name of the State of New Hampshire to command you to levy the said sum of by distress and sale of the goods and chattels of the said A. B. found within your precinct, and the same sum when levied to pay to the subscriber, to be disposed of according to law. And for want of such goods or chattels of the said A. B. to take the body of the said A.B. and him commit unto the gaol in and the keeper of said goal is hereby commanded to receive the said A. B. into his custody, and him detain in said goal until he pay the aforesaid sum of with fifty cents more for this warrant, together with all fees, or until he be discharged by order of law. Herein fail not, and make due return of this warrant, with your doings therein, unto the subscriber, within sixty days next coming. Given under my hand and seal at day of ty, the A. D. in said coun J. P." "That the said warrant of distress shall be served and executed in the same way and manner as executions against the body and personal estate are by law to be served and executed, and the officer serving the same shall be entitled to demand the same fees as he may lawfully demand for the service of such executions and no more." The statute of June 22, 1814, enacts, "that from and after the passing of this act, no license or permission granted by any justice of the peace, shall be available in law to any person or persons found travelling within this state on the first day of the week, commonly called the Lord's day, in the style and capacity of a teamster, or carrier, with any team or carriage of burthen, or to any person or persons found travelling on said day in the stile and capacity of a drover, with any horses, cattle, or other beasts but all such licenses or permissions, so granted as aforesaid, by any justice of the peace, to any such teamster, carrier, or drover, shall be utterly null *6 and void; any law, usage or custom to the contrary notwithstanding." For the forms of the proceedings in prosecutions for profaning the Sabbath, see N. H. Justice, 150. (91) CHAP. VII. OF MARRIAGES, BIRTHS AND BURIALS. The statute of February 15, 1791, entitled "an act regulating marriages and for the registering of mar riages, births and burials," enacts," that every ordained minister of the gospel, in the county where he is settled or hath his permanent residence, and in no other place, and every justice of the peace, in the county for which he is commissioned, and in no other place, whatsoever, shall be and hereby are authorized and empowered to solemnize marriages, between persons who may lawfully enter into that relation." "That all persons desiring to be joined in marriage, shall have such their desire or intention published at three several public meeting days, or three sabbath days, in the respective towns or places where the parties so desiring to be joined in marriage dwell or reside, by the clerks of such towns or places; and the persons desiring to be joined in marriage, shall produce to the justice or minister who shall be desired to marry them, a certificate of such publishment under the hand of the clerk or clerks so publishing them, and in case either of the parties desiring to be married live in a town or place where there shall be no clerk, then publishment shall be made in the town or place next adjoining, in manner as aforesaid." "That if any justice of the peace or minister shall join any persons in marriage without a certificate as aforesaid; or shall otherwise than is expressly allowed by this act join any persons in marriage, they shall severally forfeit and pay the sum of twenty pounds, to the use of any parent, master, guardian, or next friend to either of the parties so married, who may sue therefor in any court proper to try the same. And if any person not authorized and empowered to solemnize' marriages by this act, shall join any persons in marriage, whether with or with out publishment, and be convicted thereof in the superior court of judicature, upon indictment, he shall be subjected to pay a fine at the discretion of the court to the use of the county where the offence may be committed; the fine not to exceed one hundred pounds nor be less than thirty." |