vided he shall procure the like notification of his intention to take 5 Cowen, 276. the oath prescribed to poor debtors, to be served on the complainant, if still living within this State, and also upon one of the said superintendents of the poor; such notification to be served at least thirty days before the time appointed for taking the oath. action. tendents to (1979.) SEC. 7. The mother of such child, and the said county Still liable to superintendents respectively, may at all times after the liberation of such prisoner on taking said oath, recover, by action of debt or on the case, any sum of money which ought to have been paid to them, respectively, by him in pursuance of such order of the court. (1980.) SEC. 8. If any woman shall be delivered of a bastard When superinchild which shall be chargeable or likely to become chargeable to make applicaany county, or shall be pregnant of a child likely to be born a ination. bastard and to become chargeable to any county, the superintendents of the poor of any county, or any of them, where such woman shall be, shall, upon application for aid in supporting such child by the mother thereof, apply to some justice of the peace of the same county to make inquiry into the facts and circumstances of the case. tion for exam examined, and (1981.) SEC. 9. Such justice shall examine such woman on oath Woman to be respecting the father of such child, the time when and the place reputed father apprehended. where she was begotten with child, and such other circumstances as the justice may deem necessary for the discovery of the truth; and shall thereupon issue his warrant to apprehend the reputed 4 Wendell, 555. father; and the same proceedings shall be thereupon had, as if complaint had been made by such woman, as prescribed in the foregoing provisions of this chapter, and with the like effect. executed in any may compro (1982.) SEC. 10. Any warrant issued for the apprehension of Warrant may be such reputed father may be executed in any county in this State, county. in which the person against whom the same issued may be found. (1983.) SEC. 11. The superintendents of the poor of any county Superintendents in this State shall have power to make such compromise and mise with father arrangement with the putative father of any bastard child in such county, relative to the support of such child, as they shall deem equitable and just, and thereupon may discharge such putative father from all liability for the support of such bastard. 82 of bastard. CHAPTER LV. THE OBSERVANCE OF THE FIRST DAY OF THE Shops, etc., not to be kept open Chapter forty-three of Revised Statutes of 1846. OBSERVANCE OF THE FIRST DAY OF THE Ꮃ Ꭼ Ꭼ Ꮶ . (1984.) SECTION 1. No person shall keep open his shop, wareon first day of house, or workhouse, or shall do any manner of labor, business, or work, except only works of necessity and charity, or be present at week, etc. 12 Mich. 378. 14 Mich, 287. 16 Mich. 9. 2 Dong, Mich. 73 any dancing, or at any public diversion, show, or entertainment, or take part in any sport, game, or play, on the first day of the week; and every person so offending shall be punished by a fine not exceeding ten dollars for each offense. Keepers of pub. lic houses not to travelers, etc., on first day of week. (1985.) SEC. 2. No tavern-keeper, retailer of spirituous liquors, entertain, except or other person keeping a house of public entertainment, shall entertain any persons, not being travelers, strangers, or lodgers in his house, on the said first day of the week, or shall suffer any such person on said day to abide or remain in his house, or in the buildings, yards, or orchards or fields appertaining to the same, drinking, or spending their time idly, or at play, or in doing any secular business. (1986.) SEC. 3. Every person offending against any of the provisions of the last preceding section, shall be punished by a fine not exceeding five dollars for each person so entertained, or suffered so to abide or remain; and upon any conviction after the first, such offender shall be punished by a fine not exceeding ten dollars; and if convicted three times, he shall be afterwards incapable of holding a license; and every person so abiding or drinking shall be punished by a fine not exceeding five dollars. sions, etc. (1987.) SEc. 4. No person shall be present at any game, sport, Public diver play, or public diversion, or resort to any public assembly, excepting meetings for religious worship or moral instruction, or concerts of sacred music, upon the evening of the said first day of the week; and every person so offending shall be punished by a fine not exceeding five dollars for each offense. hours civil pro executed. (1988.) SEC. 5. No person shall serve or execute any civil process Between what from midnight preceding to midnight following the said first day cess not to bo of the week; but such service shall be void, and the person serving or executing such process shall be liable in damages to the party 3 Mich. Rep. 250 aggrieved, in like manner as if he had not had any such process. religious meet (1989.) SEC. 6. If any person shall on the said first day of the Disturbance of week, by rude and indecent behavior, or in any other way, inten- ings. tionally interrupt or disturb any assembly of people met for the purpose of worshiping God, he shall be punished by a fine not less than two nor more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days. ing seventh day ble, etc. (1990.) Sec. 7. No person who conscientiously believes that the Persons observseventh day of the week ought to be observed as the Sabbath, and of week, not liaactually refrains from secular business and labor on that day, shall be liable to the penalties provided in this chapter, for performing secular business or labor on the said first day of the week, provided he disturb no other person. cluded in first (1991.) SEC. 8. For the purposes of the provisions of this chap- What time-inter, the said first day of the week shall be understood to include day of the week. all the time between the midnight preceding and the midnight following the said day; and no prosecution for any fine or penalty Limitation of incurred under any of the preceding provisions of this chapter, cution. shall be commenced after the expiration of three months from the time when the offense shall have been committed. GAMING. time for proso by betting, may (1992.) SEC. 9. If any person shall, by playing at cards, dice, or Money, etc., lost any other game, or by betting on the sides or hands of such as are be recovered. gaming, or by any betting whatever, lose to any person so playing, or betting, any sum of money, or any goods whatever, and shall 8 McLean R. 100 pay and deliver the same, or any part thereof, to the winner, the 4 Mich 329. person so paying or delivering the same may sue for and recover 22 Barb. 82. such money, in an action for money had and received to the use of 3 Denio, 103. 10 Mich. 828. When winner subject to fine. Oath of plaintiff and defendant. Forfeiture for winning or losing to value of five dollars. Proviso. Certain notes, mortgages, etc., how far void. the plaintiff, and such goods, in an action of replevin, or the value thereof, in an action of trover, or in a special action on the case. (1993.) SEC. 10. If the person so losing said money or goods shall not, within three months after such loss, without covin or collusion, prosecute with effect for such money or goods, the winner to whom such money or goods shall have been so paid or delivered shall be subject to a fine not exceeding three times the value of such money or goods. (1994.) SEC. 11. In any suit to be brought by the person so losing any such money or goods, against the person receiving the same, when it shall appear from the declaration that the said money or goods came to the hands of the defendant by gaming, if the plaintiff shall make oath before the court in which such suit is pending, that the said money or goods were lost by gaming with the defendant as alleged in the declaration, judgment shall be rendered that the plaintiff recover damages to the amount of the said money or goods, unless the defendant will make oath that he did not obtain the same, or any part thereof, by gaming with the plaintiff; and if he shall so discharge himself, he shall recover of the plaintiff his costs; but the plaintiff may, at his election, maintain and prosecute his action according to the usual course of proceeding in such actions at common law. (1995.) SEC. 12. Every person who shall win or lose, at any time or sitting, by gaming, or betting on the hands or sides of such as are gaming, any money or goods to the value of five dollars or more, whether the same be paid over or delivered, or not, shall forfeit and pay three times the value of such money or goods: Provided, That a prosecution shall be commenced therefor within six months after the committing of the offense. (1996.) SEC. 13. All notes, bills, bonds, mortgages, or other securities or conveyances whatever, in which the whole or any part of the consideration shall be for any money or goods won by playing at cards, dice, or any other game whatever, or by betting on the sides or hands of such as are gaming, or by any betting or 4 Cushing, 448. gaming whatever, or for reimbursing or repaying any moneys knowingly lent or advanced for any gaming or betting, shall be void and of no effect, as between the parties to the same, and as to all persons, except as to those who hold or claim under them in good faith, and without notice of the illegality of such contract or conveyance. cases to enure to who would be or, etc., were (1997.) SEC. 14. Whenever any mortgage or other conveyance Lands in certain of land shall be adjudged void under the provisions of the preced- benefit of person ing section, such lands shall enure to the sole benefit of such per- entitled if grantson or persons as would be entitled thereto, if the mortgagor or dead. grantor were naturally dead; and all grants and conveyances for preventing such lands from coming to or devolving upon the person or persons to whose use and benefit the said lands would so enure, shall be deemed fraudulent and of no effect, except as against purchasers in good faith, and without notice of the illegality of such mortgage or other conveyance. etc. (1998.) SEC. 15. If any person shall keep, or knowingly suffer Penalty for keeping billiard table, to be kept, in any house, building, yard, garden, or dependency or gaming-house thereof, by him actually used or occupied, any table for the purpose of playing at billiards for hire, gain, or reward, or shall, for hire, gain, or reward, suffer any person to resort to the same, for the purpose of playing at billiards, cards, or dice, or any other unlawful game, every person so offending shall, for each and every such offense, forfeit a sum not exceeding one hundred dollars, and shall further recognize, with sufficient sureties, in such reasonable sum as the court shall direct, for his good behavior, and especially that he will not be guilty of any offense against the provisions of this chapter, for the term of one year then next ensuing. keeping nine (1999.) SEC. 16. If any person shall keep, or knowingly suffer Penalty for to be kept, in any house, building, yard, garden, or dependency pin alley, etc. thereof, or in any field, by him owned or occupied, any nine-pin 'alley, or any alley to be used in the playing of nine-pins, or any other like game, whether to be played with one or more balls, or with nine or any other number of pins, for hire, gain, or reward, or shall, for hire, gain, or reward, suffer any person to resort to the same for the purpose of playing at any such game, every such per- 1 Cushing, 279. son so offending shall, for every such offense, forfeit a sum not exceeding fifty dollars, and shall further recognize for his good behavior, in like manner as is required of a person convicted of any offense mentioned in the preceding section. ing in certain (2000.) SEC. 17. If any person shall play at billiards, cards, dice, Penalty for playnine-pins, or any other unlawful game, at any such table or alley, cases. kept or used as mentioned in the two last preceding sections, he shall forfeit a sum not less than two dollars nor more than ten dollars for each offense. (2001.) SEC. 18. If any person shall make oath before any justice When warrant shall issue to arof the peace, that he suspects or has probable cause to suspect that rest persons found playing in any house or other building is unlawfully used as and for a com- gaming-house, etc. |