§872. The following form for a warrant of commitment may be used:

OSWEGO COUNTY, 88.

To

any constable of said county, and to the keeper of the common jail of said county, greeting:

Whereas, James Hardcase has this day been convicted before me, E. S. Pardee, police justice of the village of Fulton, in said county, of willfully disturbing, interrupting, and disquieting an assemblage of people met for religious worship (or if for a different offense, set it forth as in the complaint.) And whereas, upon such conviction, I did consider and adjudge that for the said offense the said James Hardcase should forfeit the sum of dollars, for the benefit of the poor of said county. And whereas, the costs of said conviction were ascertained and adjudged by me to amount to the sum of dollars. And whereas, the said James Hardcase, although required so to do, has not paid the said penalty and costs, nor given security for the payment thereof within twenty days as required by law.

These are, therefore, to command you, the said constable, forthwith to convey and deliver the said James Hardcase into the custody of the said keeper. And you, the said keeper, are hereby required to receive the said James Hardcase into your custody in the said common jail, and him there safely keep until he shall pay the said penalty and costs, or for the term of days, (not exceeding thirty days.) Given under my hand at Fulton this

day of

E. S. PARDEE, Police Justice.

CHAPTER LXV.

DISTURBING RELIGIOUS MEETINGS IN MAINE AND NEW HAMPSHIRE-LAWS AND PENALTIES-HOW ENFORCED MODE OF PROCEEDING AGAINST OFFENDERS.

§ 873. It is provided by statute in the State of Maine, that whoever, on the Lord's day or any other time, behaves unruly or indecently within the walls of any house of public wor ship; willfully interrupts or disturbs any assembly of persons for religious worship within the place of such assembly or out of it; sells or exposes to sale within one mile thereof, and during the time of their meeting, any intoxicating liquors, refreshments or merchandise, except in his usual course and place of business; exhibits any shows or plays; engages or aids in any horse race, gaming or other sports, to the disturbance of such assembly; or coming within the neighborhood, refuses, on request, either immediately and peaceably to retire beyond their hearing, or to conform to the estab lished regulations of the meeting, shall be punished by imprisonment not more than thirty days, and by fine not exceeding ten dollars. (Revised Statutes Maine, Ch. 124, Sec. 17.)

§ 874. It is further provided that on application of the presiding elder, preachers in charge, or tent masters of a camp-meeting in any town, the municipal officers thereof shall appoint, in writing signed by a majority of them, one or more police officers to preserve the peace during such meeting, who may arrest any person violating any provision of the statute referred to in the last preceding section; detain him till a warrant can be issued; and execute such warrant when directed to them; and the presiding officer or commit.

tee of arrangements of any such religious assembly or meeting, may appoint some suitable person to keep boarders and sell refreshments at such meetings, who must conform therein to such regulations as the officers appointing them may prescribe. (Ib., Sec. 18.)

§ 875. Every justice of the peace, sheriff, deputy sheriff, constable, grand juror and tithingman, present at any such religious assembly disturbed as aforesaid, are required to arrest or cause to be arrested every such offender, and detain him until the close of such assembly, or until he can be taken before a magistrate; and all persons present at such assembly, on request, are required to assist said officers in the execution of their duty, under the same penalties for neglect or refusal that are provided for neglecting or refusing to aid officers in other cases. (Ib., Sec. 19.)

876. For forms of proceedings in these cases, those in similar cases in the State of New York may be consulted, to which reference is made. (Ante, Secs. 866, 872.)

§ 877. It is provided, in the State of New Hampshire, that no person, on the Lord's day, within the walls of any house of public worship, or near the same, shall behave rudely or indecently, either in the time of public service or between the forenoon and afternoon services; and any person offending any of these provisions is declared to forfeit a sum not exceeding six dollars nor less than one dollar, which may be recovered by any selectman or police officer for the use of the town. (Compiled Statutes N. H., Ch. 124, Secs. 2 and 3.)

§ 878. Power is given by statute to any selectman or police officer to remove any person behaving rudely or indecently in any meeting for public worship from the place of

such meeting, and him to detain until the close of such meeting. Such selectman or police officer is also given the same right to command assistance in such cases as sheriffs have; and such selectman or police officer may also prosecute for all penalties incurred by such offenders. And parents, guardians and masters are respectively made liable for all forfeitures incurred by children, wards or servants under their care. (Ib., Secs. 4 and 5.)

§879. If any person shall disturb any religious meeting by speaking in the same, so as to interrupt or prevent the stated and orderly proceedings and exercises of such meeting, or shall make such disturbance while the people are assembling at, or leaving, their place of worship, and shall not desist therefrom when requested, he may be removed from such meeting or place of worship by any individual. And it is declared that any person so offending shall be fined not less than one dollar nor more than ten dollars, and may be required to recognize, with sureties, in a sum not less than fifty dollars nor more than one hundred dollars, to appear at the next Court of Common Pleas to be held in the county where the offense occurred, and to abide the order of said court, and in the mean time to be of good behavior. (Ib., Secs. 6 and 7.)

§ 880. If the recognizance should be forfeited, the court may require the offender to recognize, with sufficient sureties, in a sum not exceeding two hundred dollars, to appear at the next term of said court, and to abide the order thereof, and in the mean time to be of good behavior, and so from time to time, as may be ordered by said court, so long as such forfeiture shall be incurred. (Ib., Sec. 8.)

§ 881. It is further provided by statute that no person shall keep any shop, tent, booth, wagon or carriage for the

sale of, or shall sell, give or expose to sale any spirituous or intoxicating liquors, goods or merchandise of any kind within two miles of any public assembly convened for the purposes of religious worship; provided, however, that this provision must not be construed to prevent any person from selling merchandise at the shop or store where he usually transacts business; nor from selling any liquors in any place where he shall have received a license therefor before the appointment of such religious meeting; nor to prevent any peddler from selling his goods to any person at the usual place of business or residence of such person. And any person guilty of a breach of the provisions specified in this section, upon conviction thereof before any justice of the peace, is required to be fined not exceeding ten dollars, or committed to the house of correction not exceeding thirty days, or he may be sentenced to both such punishments. (Ib., Secs. 9 and 10.)

§ 882. If any person be guilty of noisy, rude or indecent behavior, of exhibiting shows or plays, or promoting or engaging in horse-racing or gambling at or near any such religious meeting, so as to interrupt or disturb the same, upon conviction thereof before any justice of the peace, he is subject to be fined not exceeding ten dollars, or, if the offense be of an aggravated nature, he may be held to recog nize with sufficient sureties to appear at the Court of Common Pleas next to be holden in the same county; and upon conviction before such court, he must be fined not exceeding fifty dollars, or imprisoned in the county jail not exceeding ninety days. (Ib., Sec. 11.)

§ 883. Any person, upon view of any of the aforesaid offenses, may apprehend such offender and bring him before some justice of the peace, who, upon complaint under oath, must issue his warrant, cause such offender to be arrested,