and the fines imposed and collected for many or all of them, are paid into the county treasury.

18. Arrest and examination of offenders. A judge or jus tice of the peace may issue process for apprehending a person charged with an offence. When complaint is made to a magistrate, he examines the complainant on oath, and any witnesses that are produced; and if it appears that an offence has been committed, he issues a warrant, commanding the officer to whom it is directed, to bring the accused before the magistrate.

If an

19. The magistrate first examines the complainant and witnesses in support of the prosecution; and next the prisoner, who is not on oath, and then his witnesses. offence has been committed, the magistrate binds, by recognizance, the prosecutor and all material witnesses, to appear and testify against the prisoner, at the next court at which the prisoner may be indicted and tried. If the offence is one for which he may be let to bail, the magistrate may take bail for his appearance at the next court. But if no bail is offered, or if the offence is not bailable, the prisoner is committed to jail until the next court having power to try him. But he must be indicted by a grand jury before he can be tried.

20. The way in which bail is taken is this: The accused gives a bond in such sum as the justice or judge shall require, with one or more sureties, who are bound for the ap pearance of the accused at the next court, or in case he shall not appear, then to pay the sum mentioned in the bond. This bond or obligation is in law called a recogniThe same name is also applied to the bond given by the prosecutor and witnesses for their appearance at court.

zance.

be prosecuted? How are the fines applied? 18. How is an arrest for crime made? 19. Describe the examination. In what cases is bail taken? 20. How is it done? What is a recognizance?

CHAPTER XXXIX.

Offences punishable by Fine only.

i. Betting and gaming are unlawful acts. The loser of any wager or bet is not bound to pay it; or, if he has paid it, he may within six months sue for and recover the same. If he shall not prosecute within six months, any other person may do so, and retain the money for his own use.

2. Any person who shall make any bet or wager upon the election of any person to office, or who shall use any threat or coercion to procure any person in his employ to vote contrary to such person's inclination, may be fined, not less than $5, nor exceeding $500. In all cases wherein the sum bet is between five and five hundred dollars, the fine shall be equal to the sum hazarded by the bet; the fine to be prosecuted by indictment, and paid into the county treasury.

3. A person may not play at games except those of athletic exercise, at or about any eating-house, tavern, or race-field, nor bet on the hands or sides of those who play; nor may a person play anywhere for money or other property, nor bet on others' playing. Fine not exceeding $100.

4. A person, for keeping or exhibiting for gain, any gaming table or other gaming device, or allowing the same to be kept in or about his premises, may be fined from $50 to $200, and be made to give security in the sum of $500 for his good behavior for one year and if the offender is a tavern-keeper, he forfeits his license. Fines to be paid to the county treasurer for county purposes. *

5. Sabbath-breaking consists in shooting, hunting, sporting, and pastimes on Sunday, and travelling and servile la. bor, except such as necessity and charity require. Penalty, from $1 to $5 for each offence, if committed by a person of the age of fourteen years. The law does not forbid per

1. What is the penalty for betting and gaming? By whom sued for? 2. What penalty for betting on elections; and influencing a voter? 3. What games and bets on them are here forbidden? By what fine? 4 What penalty for keeping or exhibiting gaming tables, &c.? 5. What

OFFENCES PUNISHABLE BY FINE.

137

sons laboring, who conscientiously keep the seventh day of the week as sabbath; nor does it forbid the travelling of families emigrating, nor watermen landing passengers, nor keepers of ferries or toll-gates attending them. No person may sell liquors on that day, except tavern-keepers to travellers; fine for so doing, not exceeding $5.

6. For wilfully disturbing a religious meeting, by improper behavior, or by making a noise within or near the house or place of meeting, the offender may be fined not exceeding $20. If within the place of the meeting when making the disturbance, he may be turned out.

7. Profane cursing and swearing are forbidden. Any person fourteen years of age, who shall profanely curse or damn, or profanely swear in the name of God, Jesus Christ, or the Holy Ghost, may be fined from $1 to $25 for each offence.

8. Any person playing bullets, or running a horse in the streets of an incorporated town or village, or shooting a gun at a target in such place, is liable to be fined from 50 cents to $5.

9. A keeper of a public house, for keeping or permitting a ball or ninepin alley on his premises, or for being interested in one on another's premises, may be fined from $10 to $100; the money to be applied to the use of common schools.

10. A person who shall exhibit a puppet-show, wiredancing, juggling, or sleight-of-hand, for money or other property, is liable to a fine of $10, neither more nor less.

11. Defacing or tearing down an advertisement set up by authority of law, subjects the offender to a fine not exceeding $10; and he may also be imprisoned twenty-four hours.

12. A person, for exposing spirituous liquors, cider, or beer, within a mile of any religious meeting, may be arrested and detained in custody, not exceeding six hours; and shall be fined not exceeding $20.

does the law pronounce sabbath-breaking? Penalty? 6. Penalty for disturbing a religious meeting? 7. Penalty for profane swearing? & What for playing bullets, racing in streets, and shooting at a target ? 9. What for a keeper of a public house to suffer ball alley, &c.? 10. For exhibiting public shows, &c.? 11. Defacing or tearing down advertisements? 12. For exposing liquors near religious meetings?

13. Confining, or assisting in confining, a bull, steer, or any other domestic animal, for purposes of torture; or aid ing in torturing the same; may be fined not exceeding $100.

14. For exhibiting, or for assisting in exhibiting, the game of cock-fighting, the offender is liable to be fined not exceeding $20.

15. Running a match horse-race in any public road, to try the speed of horses, subjects the offender to a fine not less than $1, nor exceeding $5. Most or all of the fines imposed for offences mentioned in this chapter, except in the first four sections, go into the township treasury for school purposes.

CHAPTER XL.

Of the Liberty of Conscience; Liberty of Speech, and of the Press; Writ of Habeas Corpus.

1. We have now given a general view of the different departments of the government of the state, and an abstract of the laws defining the rights and prescribing the duties of citizens. There are, however, certain important rights guarantied to the people of the state by their constitution, which have not yet been noticed. They will be found among the list of "the general, great, and essential principles of liberty and free government," declared in the 8th article of the constitution. Three of these rights are deemed of so great importance, as to deserve particular consideration. They are asserted in the 3d, 6th, and 12th sections of that article.

2. The first of these sections secures to every citizen liberty of conscience; which is the liberty to discuss and maintain our religious opinions, and to worship God in such manner as we believe most acceptable to him. This is a 13. For bull-baiting, &c.? 14. Cock-fighting, &c.? 15. For running a match horse-race in a public road? To what use are these fines applied?

1. What rights are declared in the 3d, 6th, and 12th sections of the 8th article of the constitution? 2. What is liberty of conscience !

privilege heretofore denied to the people of many countries, even in some called Christian and civilized; in which many thousands have been put to death for their religious opinions.

3. But the rights of conscience are now more extensively tolerated. In some countries, however, there is still what is called an established religion, where some religious denomination receives the support of the government, as in Great Britain. This is called "union of church and state." Although the constitution in this article very properly declares "religion," as well as "morality and knowledge," to be "essential to good government and the happiness of mankind ;" and although it has done wisely in providing to some extent for the religious instruction of the people; it declares, with equal propriety, that "no preference shall ever be given by law to any religious society or mode of worship.'

4. Another of these rights is the liberty "to speak, write, or print upon any subject, as he thinks proper ;" which is called, the liberty of speech and of the press. The word press here signifies the business of printing and publishing; hence liberty of the press is the right to publish books and papers without restraint.

5. In many foreign countries, persons were not allowed to speak against the government or its officers, however bad their character or acts might be. In some of these governments, books and papers could not be issued without being first examined by persons appointed by the government. In this country no law can be passed which shall prevent the humblest citizen from censuring the conduct of the highest officer of the government.

6. But it must not be supposed that men may speak or publish, against others, whatever they please; for the same section which secures freedom of speech, makes us "liable for the abuse of that liberty." Without some restraint, wicked men might, by false reports, destroy the good name, the peace, or the property of others. Nor may we, in all 3. To what extent are the rights of conscience enjoyed in this country' 4. What is liberty of speech and of the press' 5. What restrictions were formerly laid upon the press in some countries? 6. May we speak