12. For maliciously interrupting meeting for worship. C. D., of, &c., heretofore, to wit, on, &c., being Lord's day, at P. aforesaid, with force and arms, did willfully interrupt and disturb a certain assemblage of people there met for the worship of God, within the place of their meeting, to wit, within the meetinghouse known as the Park Street Church, at P. aforesaid, by then and there making divers loud and indecent noises and tumults during the performance of divine service in said meeting-house; to the great injury of the people there assembled, against good morals and good manners.

13. Against person traveling on Sunday.

that C. D., of, &c., heretofore, to wit, at on being the Lord's day, between midnight preceding and midnight of the same day, unlawfully traveled with a stage carriage for passengers through the town of N., the said traveling then and there not being a work of necessity or charity.

14. Against innholder for entertaining persons not travelers on Sunday.

C. D., of, &c., being an innholder in the town of in said county, and duly licensed to keep a house of public entertainment in said town of heretofore, to wit, on, &c., being Lord's day, at aforesaid, did entertain one E. F., not being a traveler, stranger, or lodger in said house, and did then and there suffer him. the said E. F., to abide and remain in his said public house of entertainment, spending his time idly, and doing secular business on the said Lord's day, not being a work of necessity or charity, in his, the said C. D.'s public house of entertainment, to the evil and pernicions example of others in like case to offend.

15. For being present at a public diversion on Sunday evening. C. D., of, &c., at aforesaid, heretofore, to wit, on, &c., in the evening of the same day, the same being the evening of the Lord's day, was voluntarily present at a certain public diversion called [here set forth the diversion], to the great scandal of religion, against good morals and good manners.

16. For digging up and removing dead body.

C. D., of, &c., heretofore, to wit, on the day of -, &c., with force and arms, at aforesaid, in the county aforesaid, the common burying-ground belonging to the first parish in the said town of, there situate, unlawfully, knowingly, and willfully did break and enter, and the grave there, in which a certain human body, to wit, the body of one E. F., had lately before been interred and there was, did open, and the said body of her the said E. F. and the remains thereof, then and there in the grave aforesaid being, unlawfully, knowingly, and willfully dig up, disinter, remove, and convey away from and out of the grave aforesaid; he the said C. D. then and there not being authorized so to do, either by the board of health, overseers of the poor, or the municipal officers of the said town of -, in which the said grave and the burying-ground aforesaid was and is situate.

17. For injuring a tomb-stone.

C. D., of, &c., heretofore, to wit, on, &c., at aforesaid, did willfully, maliciously, and wickedly mutilate, deface, and injure a certain marble tomb-stone there placed, and designed as a memorial to A. B., deceased.

18. Cruelty to animals.

A. B., of, &c., on - at one horse of the price of one hundred dollars, of the goods and chattels of one C. J., then and there being, willfully and maliciously did beat and torture, to the great damage of said C. J.

19. For drunkenness.

C. D., of, &c., on- at- → was intoxicated in the public streets in

the town of

20. Common railer and brawler.

A. B., of, &c., at, on, and on divers other days between that day and the day of the making of this complaint, was a common railer and brawler, in evil example to others in like case to offend.

21. Vagabond.

A. B., of, &c., on—, at —, is a vagabond and idle person, and on divers days and times within six months last past, at -, has wandered about from place to place in the town of in said county, neglecting all lawful calling and employment, and then and there not having any home, or any means of support.

22. Common night-walker.

A. B., of —, &c., on divers nights and times, not less than three times within six months last past, at, has walked in the streets and common highways in the town of in said county, at unseasonable hours of said nights, without having any lawful business, but for the purpose of then and there soliciting men to commit fornication with her, the said A. B.; and so the complainant says that the said A. B. at, on the day of making this complaint, is a common night-walker.

23. Idle, vagrant, or vicious life.

That the said complainant is the duly appointed and qualified guardian of A. B., of, in said county, a girl between the ages of seven and fifteen years, to wit, of the age of ten years, and that she, the said A. B., is leading an idle, vagrant, or vicious life; wherefore the said complainant requests that the said A. B. may be committed to the guardianship of the Maine Industrial School for girls.

Forms for other offenses may be readily framed from the foregoing.

CHAPTER XXXVII.

GAMBLING.

1. If any person or corporation keeps a house, shop, or other place resorted to for the purpose of gambling; or permits any person to gamble in any way in any house, shop, or place under his care and control, such offender shall be punished by fine not less than twenty, nor more than one hundred dollars, to the use of the prosecutor; and the municipal officers and constables of towns and cities, and assessors of plantations, are required to promptly enforce the laws of the State against gamblingrooms, and to make complaint against any person or corporation in their respective municipalities, when there is probable cause to believe such person or corporation guilty of a violation of the provisions of this section.1

(a) To sustain an indictment under this section it must appear that the defendant kept "a house, shop, or other place resorted to for the purpose of gambling," or permitted a "person to gamble in any way in any house, shop, or place under his care and control." It is not sufficient to satisfy the jury that "the defendant owned, and had control of, a place resorted to for the purpose of gambling." 2

2. Whoever gambles, or bets on any person gambling, shall be punished by fine not less than one, nor more than twenty dollars, to be recovered by complaint or indictment to the use of the prosecutor.3

3. Whoever is convicted, by indictment found within six months, of winning, at one time or sitting, by gambling, or betting on persons gambling, any money or goods of the value of three dollars or more, and of receiving or taking security therefor, shall forfeit, to the use of the town where the offense is committed, double the value of the property so won and received.*

1 R. S. c. 125, § 1.—2 State v. Currier, 23 Me. 43.—s R. S. c. 125, § 2.—4 R. S. c. 125, § 3.

RECOVERY OF MONEY LOST BY GAMBLING.

4. Whoever, by gambling, or betting on persons gambling, loses to any person so gambling or betting any money or goods, and pays or delivers any part thereof, may sue for and recover the same of the winner in an action on the case, brought within three months thereafter; and if the loser does not, without covin or collusion within said time prosecute therefor with effect, any other person may sue for and recover of the winner treble the value of the same in such action, half to his own use, and half to the use of the town.5

(b) Horse-racing or horse-trotting is a game within the statute of 1821, c. 18, to "prevent gaming for money or other property;" and with respect to the losing party is not penal but remedial.6

(c) Money lost by betting upon the speed of horses in a trotting-match, may be recovered back under the statute.

(d) All wagers are unlawful."

(e) No action can be maintained to recover back money deposited upon a wager, unless under the statute, since both parties are in pari delicto.8

(f) Where money lost on a wager has not been paid over by the stakeholder, he is liable to the loser for the amount by him deposited, upon demand and notice, as well after as before the happening of the event, with interest from date of demand.

8

(g) Case for the recovery of property lost in gambling, may be maintained without a previous demand; and the provision of R. S. c. 81, § 99, that the time of the defendant's absence from the State "shall not be taken as a part of the time limited for the commencement of the action," applies to actions under the statute on gambling. 10

(h) A. and B. deposited $100 with C. to be paid to whichever should win in a horse-race. A. won, but B. forbade C. to pay over the stake. A. directed C. to abide the result of a suit by B. for his deposit, and use A.'s deposit to pay the expenses. B. sued and recovered, and C. paid expenses exceeding the amount of A.'s deposit,-held, that A. could not claim his deposit of C.11

5. In any such action brought by the loser against the winner, the plaintiff may offer to make oath, that such money or goods were lost by gambling with the defendant, and the court shall thereupon render judgment for the plaintiff for the amount thereof, unless the defendant

R. S. c. 125, § 4.- Ellis v. Beal, 18 Me. 337.-7 Lewis v. Littlefield, 15 Me. 283. Stacy v. Foss, 19 Me. 335.-9 House v. McKenney, 46 Me. 94.-10 Peyret v. Coffee, 48 Me. 319.-11 Jordan v. McKenney, 48 Me. 104.

will make oath, that he did not obtain any part thereof by gambling, and if he so discharges himself, he shall recover his costs; or the plaintiff may prove his case in any other legal mode.12

SECURITIES GIVEN FOR GAMBLING DEBTS, VOID.

6. All notes, bills, bonds, mortgages, securities, or conveyances, given in whole or in part for money or goods won by gambling or betting on persons gambling, or to repay any money lent, or advanced for gambling or betting, or at the time and place thereof, shall be utterly void against all persons, except bona fide subsequent purchasers of real estate, and holders of negotiable paper for a valuable consideration without notice.18

SEARCH FOR IMPLEMENTS OF GAMBLING.

7. When any person makes oath before a trial justice that he has reason to suspect and does suspect, that any house or building, naming in the complaint the house or building and the occupant, is unlawfully used as a common gambling-house, and that idle or dissolute persons resort there for that purpose, such justice shall issue his search-warrant to search for all implements used for gambling; and if any such are found there, for the arrest of the occupant or keeper of such house or other building, and said implements and keeper shall be carried before him to be dealt with according to law.14

8. All tools, machines, dies, plates, or materials provided for making counterfeit or spurious coin, or for forging bank-notes or other instruments; all burglars' tools, or implements prepared or designed for committing the crime of burglary; all lottery tickets or materials for a lottery or procured for the purpose of a lottery; all gaming apparatus or implements used, procured, or kept to be used in gambling when the same are found and taken by virtue of a search-warrant, or found in the possession or under the control of any person arrested for forgery, counterfeiting, burglary, selling lottery tickets, or gambling, shall be safely kept by the direction of the court or mag

12 R. S. c. 125, § 5.-13 R. S. c. 125, § 6.-14 R. S. c. 125, § 7.