IV. All provisions coming to either of the said towns in canoes, shall Provisions be carried to the market place, and there exposed to sale: and any per- coming in cason purchasing such provisions, before the same shall be brought to the market place, shall forfeit twenty shillings.

noes.

be forfeited.

V. All blown meat, and meat fraudulently or deceitfully set off, all veal Bad meat, or under three weeks old, and all tainted meat, fish, or other provisions what- provisions to ever, shall be forfeited; to be disposed of, in such manner as the commissioner of the peace, to whom complaint shall be made, may direct.

VI. Any person who shall take, or attempt to take, forcibly, and at an Penalty for taarbitrary price, any commodity brought to market, shall forfeit the sum of king any commodity by force. ten shillings.

VII. All penalties and forfeitures incurred by offences against this or- Manner of redinance, shall be recovered by information before any one commissioner of covering the the peace, who shall hear and determine the same in a summary manner, forfeitures. penalties and upon the oath of one credible witness (being some other than the informer) and shall cause the sum forfeited, together with the costs of suing for the same, to be levied by a warrant under his hand, to seize and sell the goods of the offender; one half of such forfeitures (except in the case of the fifth article) shall belong to His Majesty the King, and the her half to the informer: And it shall be lawful for any commissionnerf the peace, to Conviction on convict any person, guilty of any offence against this ordinance, on his view. own view of such offence; in which case, the whole forfeiture (except in the case mentioned in the fifth article) shall belong to His said Majesty.

All prosecutions for offences against this ordinance, shall be begun with- Prosecutions in fifteen days from the commission of the offence.

when to be commenced.

10. SUNDAYS, SALE OF LIQUORS, &c., ON.

An Act to prohibit the sale of Goods, Wares and Merchandise, 45 Geo. III. Wine, Spirits and other Strong Liquors, on Sundays.

Cap. 10.

WHEREAS in defiance of the laws as well divine as human, shopkeep- Preamble.

shall sell any

ers, hawkers, pedlars and petty chapmen, tavern-keepers and other persons keeping houses of public entertainment, in the cities and towns, and especially in the country parishes of this Province, do sell, vend and retail goods, wares and merchandise, wine, spirits and other strong liquors, on the Lord's day, commonly called Sunday; in order, therefore, to remedy such immoral and irreligious practices :-Be it declared and enacted, &c., that from and after the first day of May next, no shop-keeper, pedlar, Penalty on hawker, petty chapman, tavern-keeper or other persons who keep a public any shop-keephouse of any description whatsoever, in any part of this Province, shall er, &c., who sell, vend or retail any goods, wares or merchandise, wine, spirits or any goods, &c., on other strong liquors, during the Lord's day, commonly called Sunday; a Sunday. and that all and every person or persons of the description abovesaid, who See Tables. shall sell, vend or retail such goods, wares or merchandise, wine, spirits or other strong liquors on the Lord's day, as aforesaid, shall incur and pay for the first offence, a fine or penalty which shall not exceed five pounds, and for the second and every subsequent offence, shall incur and pay a fine or penalty, not less than five nor more than ten pounds, current money of this Province.

&c., to sick

Not to prevent II. Provided always, and be it further enacted, &c., that this act shall selling wine, not extend or be construed to extend, to hinder the said shop-keepers, persons and tavern-keepers, and other persons who keep public houses, to sell and furtravellers, nor nish, on the Sunday, wine, spirits or other strong liquors, for the use of the estates of sick persons, and to travellers at their meals: Provided also, that the present act shall not extend or be construed to extend, to prevent selling at the church doors of the country parishes on Sundays, the usufruit or produce of the estates of minors, absentees or persons that are interdicted, or the effects arising from public gatherings, for the benefit of churches, or those destined for pious purposes.

minors, &c.,on Sundays.

Fines, &c.,

ble.

See Tables.

III. And be it further enacted, &c., that the fines and forfeitures imposed how recovera- by this act, shall be recovered before one of His Majesty's justices of the peace nearest to the place where the offence against this act shall have been committed, and he is hereby authorised and required to hear and determine such offence in a summary way, either by voluntary confession of the party accused, or upon the oath of one or more credible witnesses, other than the prosecutor, which oath the said justice of the peace is hereby authorised to administer; and in all cases where there is a default of payment of the sum forfeited, it shall be recovered by seizure and sale of the offender's goo and chattels, by warrant or order, under the hand and seal of such justice, addressed to any peace officer or sergeant of militia, and the surplus of the money so recovered, (if any there be,) after deducting the forfeiture and reasonable charges of seizure and sale, taxed by a justice of the peace, shall be returned to the owner.

One moiety of

IV. And be it further enacted, &c., that the one moiety or half of the the fines to the fines and forfeitures imposed by this act, shall belong to the person or perprosecutor, the other moiety to sons prosecuting any such offender or offenders, and that the other moiety His Majesty. or half part thereof, shall be paid to the receiver general for the use of

Limitation of actions.

His Majesty, His Heirs and Successors, and shall remain in the hands of the said receiver general for the future disposition of the legislature of this Province, and shall be accounted for to His Majesty, His Heirs and Successors, through the lords commissioners of His Majesty's treasury, in such manner and form as His Majesty, His Heirs and Successors, shall

direct.

V. Provided always, and be it further enacted, &c., that no suit or action shall be instituted against any person for any fine or forfeiture imposed by this act, that shall not be commenced within two months after the offence committed.

7 Geo. IV. Cap. 3.

Preamble.

Repeal of 1

11. CHURCHES, GOOD ORDER IN.

An Act more effectually to provide for the maintenance of good order in Churches, Chapels and other places of Public Worship, and for other purposes therein mentioned.

WHEREAS it is expedient to repeal an act passed in the first year

of His Majesty's reign, chapter one, and a certain other act passed in the fourth year of His Majesty's reign, chapter thirty-five, and to substitute other enactments instead thereof:-Be it therefore enacted, &c., Geo. 4. Cap. 1, that the said act, &c., (1 Geo. 4, c. 1,) and the said act, &c., (4 Geo. Cap. 35. 4, c. 35,) shall be, and the same are hereby repealed.

and 4 Geo. 4.

ens in and a

this Province.

II. And be it further enacted, &c., that it shall be the duty of the Duty of the church-wardens in office in each of the parishes and settlements of this church-wardProvince, to keep up and maintain good order in and about the church or bout the chapel, or other place used for public worship, of each of the said parishes churches in or settlements respectively, as well within as without the said churches and chapels or other places used for public worship of each of the said parishes or settlements respectively, and in the public hall attached or adjacent to the parsonage house or presbytery, as also in the roads or public places adjoining the same, and to enforce the present act, and to prosecute offences committed against the same; and all and every church-warden or church-wardens who shall refuse or neglect to do the duties so imposed Penalty for upon them, in their capacity aforesaid, shall incur and pay, for every negneglect. lect or refusal, a sum not less than ten shillings, and not exceeding forty shillings, currency.

ance in

III. And be it further enacted, &c., that any person or persons who Penalty on shall cause any disturbance in the church, chapel, or other place used for persons causpublic worship, in any parish or settlement in this Province, during divine ing disturb service, or shall in any wise indecently or irreverently conduct himself in churches, &c. or about such church or chapel, or other place used for public worship, or shall resist the church-wardens, or other person or persons in the execution of the duties imposed on him or them by this act, or insult them, shall and may be forthwith arrested by any or either of the said church-wardens, or by any constable or peace officer, and be conducted before a justice of the peace; and upon the oath of such church-warden or church-wardens, constable or peace officer, or of one or more credible witness or witnesses, declaring that such person or persons has or have caused any such disturbance, or conducted himself or themselves irreverently, or otherwise misdemeaned himself or themselves as aforesaid, or on confession of the offender, the said justice of the peace shall fine such person or persons in a sum Penalty. not exceeding forty shillings, currency, nor less than five shillings, currency; and if such person or persons shall be unable forthwith to pay How enforced. such fine, he or they shall and may, by warrant under the hand and seal of such justice, be committed to the common gaol of the district where the offence shall have been committed, there to remain for the space of fifteen days, unless such fine be sooner paid and any person or persons who shall Persons loitercause any disturbance, or shall remain or loiter without any such church ing, &c., outor chapel, or other place used for public worship, or in the highways and public places adjacent thereto, or in the public hall attached or adjacent to the parsonage house or presbytery, or who so remaining and loitering without the said church, chapel or other place used for public worship, or in the highways and public places adjacent thereto, shall, upon being directed to retire or to enter the said church or chapel, or other place used for public worship, during divine service, refuse or neglect so to do, shall and may be arrested by any or either of the said church-wardens, and be conducted before a justice of the peace; and on oath made by such church-wardens or either of them, or of one or more credible witness or witnesses, that such person or persons hath or have so made any disturbance, or loitered without any such church, chapel or place of public worship as aforesaid, or hath or have refused, in manner aforesaid, to retire or to enter such church, chapel or place of public worship, or on confession of the offender, such justice of the peace shall fine such person or persons in a sum not exceeding twenty shillings, nor less than five shil- Penalty.

side.

How enforced. lings; and if such person or persons shall be unable forthwith to pay such fine, he or they shall and may, by warrant under the hand and seal of such justice, be committed to the common gaol of the district where such offence shall have been committed, there to remain for the space of eight days, unless such fine be sooner paid.

Offenders may

time within

IV. Provided always, and be it further enacted, &c., that any person or be sued at any persons offending as above or hereafter mentioned, although not forthwith three months. arrested, may nevertheless be sued for the offence at any time within one month next after the commission of the same, before any justice of the peace, and upon conviction be fined or imprisoned as in and by this act it is specified and provided.

Powers grant

V. And be it further enacted, &c., that all officers and sergeants of mied to officers of litia, and other peace officers in each parish, seigniory, township or settlemilitia, &c. ment, or other extra-parochial place, shall have the same powers as those delegated to the church-wardens by this act, in the execution of the duties imposed upon them by the same.

Penalty on VI. And be it further enacted, &c., that it shall be the duty of every persons loiter- officer and non-commissioned officer of militia, or other peace officer, to ing and tippling in public cause to be arrested and carried before any justice of the peace, all and houses during every person or persons whom he or they may find, during any Sunday or divine service. holiday, during divine service, loitering or tippling in any house of public

entertainment, or in any place of public resort, whether within doors or in the open air, where any ale, wine, spirits or strong drink may be sold or distributed on a Sunday or holiday, during divine service as aforesaid, within the limits of their parishes or settlements respectively, and also each and every person whom they may find cursing and swearing or provoking to fight, drunk, or using violence in the streets, highways or other public places, and such person so conducted before such justice of the peace, may, on conviction, be condemned to pay a fine not exceeding twenty shillHow enforced. ings, nor less than five shillings, currency and if such person shall be unable to pay such fine forthwith, he shall and may be committed, by warrant under the hand and seal of such justice of the peace, to the common gaol of the district in which such offence shall have been committed, there to remain for the space of eight days, unless such fine be sooner paid.

Penalty on VII. And be it further enacted, &c., that any person attending at, as persons riding well in going to as returning from divine service at any such church, chaor driving fast near churches, pel, or other place used for public worship, who shall, on approaching to or returning from the same, within the distance of ten arpents therefrom, drive, whether on horseback, or in a carriage, at any faster pace than a slow and moderate trot, shall, for every such offence, incur a penalty not exceeding ten shillings, nor less than five shillings, currency.

&c.

Constables VIII. And be it further enacted, &c., that it shall be lawful for any may be aptwo justices of the peace, on the request of the church-wardens aforesaid, pointed to assist church- or any rector or priest officiating in any church or chapel within this Prowardens. vince, to appoint one or two constables for the purpose of assisting the church-wardens in office, in the performance of the duties imposed upon them under and by virtue of this act, which constables shall obey the orders and directions which, from time to time, shall be given to them by the said church-wardens in office, and may be prosecutors of persons offending against this act.

to be recover

ed.

IX. And be it further enacted, &c., that all penalties and forfeitures by Penalties and this act imposed, for any offence against the same, shall be levied by dis- forfeitures,how tress and sale of the goods and chattels of the offender, by warrant of distress, under the hand and seal of a justice of the peace for the district or county where such offence, neglect or default shall happen, rendering the overplus of such distress (if any there be) to the party or parties, after deducting the costs of suit and the charges of making the distress; which warrant such justice of the peace is hereby empowered and required to grant, after complaint or information to him made or given, upon conviction of the offender by confession or upon the oath of one or more credible witness or witnesses; and all the penalties and forfeitures levied under the authority of this act, shall be paid, one half to the informer and the other half to His Majesty, His Heirs and Successors: Provided always, that no Proviso. church-warden, constable or peace officer, prosecuting as such, shall be entitled by this act to any part of any fine, but shall be only entitled to recover his costs: Provided always, that all suits or actions for offences Limitation of against this act shall be commenced within one month next after the com- action. mission of the offence, and not afterwards.

competent wit

X. Provided always, and be it further enacted, &c., that any church- Church-wardwarden, constable or peace officer shall be deemed, in all cases, a com- ens, constables, &c., to be petent witness in all matters relative to the execution of this act, as well as of a certain other act, passed in the forty-fifth year of the reign of His nesses in cerMajesty, George the Third, intituled, An act to prohibit the sale of goods, tain cases. wares and merchandise, wines, spirits and other strong liquors on Sundays, notwithstanding he may be the prosecutor or informer, for any offence, neglect or default against either of the said acts.

wardens, &c.

XI. And be it further enacted, &c., that if any action, bill or plaint be General issue brought against any church-warden or church-wardens, constable or peace in actions officer as aforesaid, for any thing done in virtue of this act, he or they against churchmay plead the general issue, and give the special matter and this act in evidence; and if a judgment or verdict is given against the plaintiff, or he shall become non-suit or discontinue his suit or action, in every such case the judge before whom the said matter shall have been brought or tried, Double costs. shall allow to the defendant double costs.

to be

XII. And be it further enacted, &c., that separate copies of this act, This act with and of the fifth section of an act of the British parliament, passed in the certain parts of fourteenth year of the reign of His late Majesty, George the Third, chap-forwarded to ter eighty-eight, and of the first, seventh and ninth sections of an act of the curates. the legislature of this Province, of the thirty-fifth year of the reign of His late Majesty, George the Third, chapter eight, and an act passed in the forty-fifth year of the reign of His late Majesty, George the Third, chapter ten, shall be forwarded in the same manner as the laws enacted in this Province are now forwarded to the curate of each parish within this Province, to be by such curate delivered over to the church-warden on duty (en charge) for the time being, to be by him handed over to his successors in office, to be preserved among the papers of the fabrique, and to be read yearly at the first general meeting of the church-wardens, after the election of any church-warden or church-wardens, which church-warden or church-wardens shall read the same, or cause the same to be publicly read at the church door of the parish, on the three first Sundays of September in every year, immediately after divine service in the morning, under a penalty of twenty shillings, currency, for each and every offence.