14

1802.

Owners, &c. of

and the leaser

IN THE TWENTY-SEVENTH YEAR OF THE COMMONWEALTH.

acts heretofore made, to prevent, discourage or suppress unlawful gaming, and within the true intent and meaning of the act, entituled "An act, for regulating ordinaries and restraint of tippling houses;" and the owner, master, keeper or occupier of any tavern, licensed or unlicensed, shall moreover be deemed to be the owner, master, taverns deemed keeper and occupier, of every house, outhouse, booth, arbour, garowners of all ap. den and other place, within the curtilage of the principal house, tavern, purtenances un- messuage, or tenement, or in any wise appurtenant thereto, or at any less leased out, time held therewith; and every such house, outhouse, booth, arreside therein bour, garden and other place, shall be considered as a part of the tavern, unless the same shall have been bona fide leased to some other person by deed, indented and recorded previous to the time. of any offence against any act for preventing unlawful gaming, or for regulating ordinaries and restraint of tippling houses, committed therein for a term not less than twelve months from the day of the date of such lease, and for a valuable consideration, bona fide paid, or secured to be paid; and unless the leaser and his family, shall bona fide dwell and board therein and not elsewhere; and if any such lease or pretended lease be made or recorded and the lessee shall not actually dwell and board himself and his family in the house or premises so demised, or pretended to be demised, or if the lessee shall directly or indirectly, board or diet himself elsewhere, every In case of a frausuch lease or demise shall be taken to be fraudulent within this act, dolent lease, both the lessor & and both the lessor and lessee and his assigns, shall be liable to the lessee subject to same pains, penalties, fines, forfeitures and judgments, as if he or tine. they, or either of them were tavern keepers and occupiers of the premises so leased or demised; and judgment against the one, shall be no bar or impediment to a prosecution, judgment and recovery against the other for any offence committed within the same, contrary to the true intent and meaning of this act, or of any other act or acts, or part of any act or acts for preventing, discouraging, or suppressing unlawful gaming.

Exhibitors of un7. And be it further enacted, That every keeper or exhibitor of lawful games to be fined and give any billiard table, or of any of the tables commonly called A B C, or Security for their E O tables, or farobank, or any other gaming table of the same or good behaviour like kind, under any denomination whatsoever, or whether the same

be played with cards or dice, or in any other manner whatever; and every unlicensed tavern keeper who shall suffer any unlawful gaming upon any part of the premises in his or her occupation, shall, in addition to the penalties which he might or may be subject to, under any former law whatsoever, forfeit and pay one hundred dollars for every offence which he or they may be guilty of against the true intent and meaning of this act, or of any former act, for preventing or discouraging, or suppressing unlawful gaming, and shall be compelled to give security for his or her good behaviour, in the sum of five hundred dollars or more in the discretion of the court: and if he shall thereafter be guilty of the same or the like offence, it shall Second offence be deemed a forfeiture of his recognizance, and he shall be impripunished by im- soned without bail or mainprise until the sum in which he may be therein bound, shall be paid, or until he shall be discharged under the several acts for the relief of insolvent debtors.

prisonment.

Superior courts

8. And be it further enacted, That the superior courts of record to have power of shall have the same power of revoking the licenses of tavern keepers revoking licenin any case of delinquency in permitting unlawful gaming in their houses or taverns, as the county and corporation courts now possess.

ses.

9. In every case that may arise under any law, for the preventing, discouraging or suppressing of gaming, the courts shall interpret them as remedial, and not as penal statutes.

1802.

In all cases,

courts to inter

10. And whereas it has been represented to this General Assem- piet them as rebly, that doorkeepers and guards have been employed to prevent, medial, & not as hinder or retard, and discourage magistrates and others acting under penai statutes. their authority, from entering houses and places where gamblers and Doorkeepers &c. other disorderly persons resort for the purpose of unlawful gaming; prisoned or to give notice of the approach of such magistrates, and others acting under their authority, to the persons so unlawfully assembled, Be it therefore enacted, That if any person or persons whatsoever, nait hereafter be convicted of any such offence, or of employing, hiring or procuring any person whatsoever to commit any such ofteace, or of counselling, advising, aiding or abetting any person to commit any such offence, every person so offending, his or her aiders, abettors, advisers, counsellors and procurers, shall be fined at the discretion of the jury by whom he shall be convicted, not exceeding one thousand dollars, nor less than one hundred dollars, according to the degree of his offence, and his estate; or imprisoned not less than one nor more than six months.

11. All acts or parts of acts in any wise contrary to this act, shall Repealing be and the same are hereby repealed.

clause.

12. This act shali commence and be in force, from the first day of Commencement. April next.

CHAP. XVI.

An Act to amend the laws heretofore made, amending the Penal Laws

of this Commonwealth.*

[Passed January 28, 1803.]

E it enacted by the General Assembly, That all murder which

B'shall be perpetrated by means of poison, or by lying Murderes

in wait, or by duress of imprisonment or confinement, or by first degree. starving, or by wilful, malicious and excessive whipping, beating or other cruel treatment or torture, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration, or attempt to perpetrate any arson, rape, robbery or burglary, shall henceforth be deemed murder in the first degree. And all other kinds of murder, shall be deemed murder of the second degree, and the jury, as heretofore, shall ascertain in their verdict, whether it be murder in the first or second degree.

off

what

Second degree.

2. Whosoever shall voluntarily, maliciously and of purpose, bite Maiming, how a nose, ear or lip, or bite off or disable any limb or member of an- punished. other, with intention in so doing to kill, maim or disfigure such person, every such offender, his or her aiders, abettors and counsellors, shall be sentenced to undergo a confinement in the jail and penitentiary house, for a time not less than two nor more than ten years; and shall also pay a fine not exceeding one thousand dollars, threefourths whereof shall be for the use of the party grieved.

3. Whosoever shall wilfully, maliciously and of purpose, stab or Stabbing and

* See Revised Code, vol. 1, ch. 200, pa. 355-ch. 264, pa. 402-ch. 279, pa. 410h. 284, pa. 413-also, post ch. 21-act of 1803, post rh. 41-act of 1804, post ck. 54 -art of 1806, post ch. 111.

shooting, how punished.

1802.

Party grieved a lawful witness.

High treason pu. nished by death.

Slaves not affected.

Repealing clause.

Commencement

How the fees of sheriffs, &c. in the hands of she rit's & sergeants may be collected

Statements to be made on executi ons returned,

shoot another with intention in so doing, to maim, disfigure, disable or kill, such other person, every such offender, his or her aiders, abettors and counsellors, shall be sentenced to undergo a confinement in the jail or penitentiary house, for any time not less than two, nor more than ten years; and shall moreover, pay a fine not exceeding one thousand dollars, three-fourths whereof shall be for the use of the party grieved.

4. And be it further enacted, That any party grieved under this act, or under the act passed the fifteenth of December, one thousand seven hundred and ninety six, entituled, "An act, to amend the penal laws of this commonwealth," shall be considered as a competent witness to prove any offence committed against either of the said acts, or any part thereof.

5. And be it further enacted, That any person who shall be guilty of the crime of high treason, his or her aiders, abettors and counsellors, shall, on conviction thereof, be adjudged a felon, and suffer death by hanging by the neck.

6. This act shall not extend to any case of a slave accused or convicted of any of the offences herein mentioned.

7. All acts and parts of acts coming within the purview of this act, shall be and the same are hereby repealed.

8. This act shall commence and be in force from and after the first day of April next.

CHAP. XVII.

An Act to amend the Laws concerning Sheriffs and other Officers.* [Passed January 28, 1803.]

BER

E it enacted by the General Assembly, That if any sheriff or ser geant, shall refuse to account for or pay the whole amount of sheriffs, sergeants or coroners fees, put into his hands for collection, after the deduction of six per centum for collecting, together with an allowance of what is charged to persons not dwelling or having no visible estate in his county or corporation, on or before the last day of May in every year, it shall and may be lawful for the she riffs, sergeants and coroners, their executors or administrators, in the district court, or in the court of the county of such sheriff, or in the court of the corporation of such sergeant, to demand judgment against such sheriff or sergeant, his executors or administrators, for all fees wherewith he shall be chargeable, and such court is hereby authorised and required to give judgment accordingly, and to award execution thereupon; Provided, the sheriff or sergeant, his executors or administrators have ten days previous notice of such moti

on.

2. Be it enacted, That all sheriffs, coroners, sergeants of corpora tions and constables, shall, respectively, in returning all executions by them levied or settled, and the monies thereon received, or any part thereof, make a statement on every such execution of the amount thereof, including their own fees and commissions, and return the same with the execution to the office from whence it issu❤ ed.

See Revised Code, vol. 1, ch. 80, pa. 120, as to the appointment and duties of sheriffs. By act of 1803, post ch. 43, securities of sheriffs subjected to motions is certain cases. See also, post ch. 97

3. And be it further enacted, That in all cases where any sheriff or other officer is by law required to return to any court, the copy of a bail bond by him taken, it shall hereafter be lawful for the said sheriff or other officer to return the original bail bond.

1.

4. This act shall be in force from the passing thereof.

CHAP. XVIII.

An Act to impose taxes for the support of Government.*
[Passed January 28, 1803.]

E at enacted by the General Assembly, That the public taxes
for the year one thousand eight hundred and two, shall be

The taxes imposed by this act were first established, in the session of 1798.
They have continued nearly the same ever since; and the law imposing them
was re-enacted in the sessions of 1799, 1800, 1801, 1802, and 1893, with
very little variation either in the form or substance; though many of its provi-
sions, as to the collection of the taxes, might easily have been made permanent.
In the session of 1894, a collision took place between the senate and house of de.
legates, with respect to the constitutional right of the former to amend money
bills. The following is a short sketch of their proceedings :-The house of dele.
gates passed a bill “To impose taxes for the support of government,” which was
copied verbatim from the revenue act of the preceding year; (see journal of the
house of delegates of 1804, page 99.) This bill was rejected by the senate, with
out assigning any reason, at the time, for its rejection. (Journal of the senate, 1804,
page 70.) It having been suggested that the cause of the senate's rejecting the
bill was, that it incorporated subjects which related to the collection of the revenue,
and was not confined to the mere imposition of taxes, the house of delegates sepa.
rated the subject matter of the first mentioned bill, and passed two other bills, one
under the same title with the first, which comprehended the whole of it to the end
of the fifth section, as it had before passed the house of delegates this session and the
legislature the preceding year, (acts of 1803, ch. 3, pa. 9;) the other entituled “ An
act for the more effectual collection of taxes," which included the residue of the
first mentioned bill. (Journ. of the house of delegates, pa. 107.) The second bill sent
up to the senate, entituled “ An act to impose taxes for the support of government,"
was also rejected by them; upon which they entered into several resolutions de-
claring their constitutional power of amending every bill originating in the house
of delegates, except such as impose taxes only; and because this bill comprehend-
ed different subjects, and thereby deprived the senate of their constitutional right
to amend such parts as did not relate to the imposition of taxes, it was unanimously
rejected by them. (Journ. sen. page 77.) These resolutions were opposed by o
thers entered into by the house of delegates, denying the constitutional power con
tended for by the senate. (Journal of the house of delegates, page 113.) Another
bill was introduced into the house of delegates, “Providing for the sup.
port of government, by the imposition of taxes," which included the mere lay-
ing of the taxes, (Journal of the house of delegates, page 111;) which was passed
by the senate. (Journ. sen. page 81.) Under the title of the bill For the more ef
fectual collection of taxes," sent up by the house of delegates with the second bill
"To impose taxes for the support of government," the senate proposed as amead.
ments such parts of the last mentioned bill, as had any relation to the collection of
the taxes. (Journ. sen. page 82.) When this bill with the proposed arcndiments
of the senate was taken up in the house of delegates, it was immediately rejected
without reading it; the house having previously determined that the senate did
not possess a constitutional power to amend any bill providing for the collection or
imposition of taxes. (Journal of the house of delegates, page 113.) The senate ad-
hered to their amendments, (Journ. sen. page 81) and the house of
hered to their disagreement. (Journal of the house of delegates, pa
the bill died a parliamentary death. The house of delegates aft
another bill" To provide more effectually for the collection of the udies, wi
cluded the subject matter of the first bill, nearly under that title, togeth with
such amendments as the senate had proposed. (Journal of the house of deleg
legates,
page 114.) This bill was passed by the senate; their committee stating that it rou
tained nothing more than the substance of the bill "For the more effectual collec
tion of the taxes," as amended by them, and that they discovered no defects in it,
or they should insist on the right of the senate to amend it. (Journ. sen. page 85.)
See a very able report drawn up by Mr. Jefferson in the October session, 1777, on
the constitutional right of the two houses with respect to money bills.
D

ad.

in

1802.

When bail bords are required, the original instead of a copy to be returned. Commencement,

Taxes imposed

1802.

as follows, to wit:-on lands for every hundred dollars value, agreeably to the equalising law, forty eight cents; for every slave above the age of twelve years, except such as have been, or shall be exempted, by reason of age or infirmity, by the respective county or corporation courts, forty-four cents; for every stud horse and jack ass, twice the price at which such horse or ass, covers a mare for the season; for all other horses, mules, mares, and colts, twelve cents each; for every ordinary license, twelve dollars and fifty cents; for every four wheeled riding carriage, except phaetons and stage waggons, one dollar and twenty-five cents per wheel; for all phaetons and stage waggons, eighty-four cents per wheel; and for every other riding carriage with two wheels, forty-three cents per wheel; for all lots and houses in town, one dollar and fifty-six cents, on every hundred dollars of the rent thereof, to be ascertained by the rent paid by the tenant, and where such house or lot is in the occupation of the proprietor, the yearly rent or value thereof shall be ascertained by the commissioners of the revenue, or either of them, by a comparison of its value with other houses or lots actually rented: Provided, That the owner or proprietor of any such house or lot, if he thinks himself grieved by such `valuation, may appeal to the court by whom the commissioners were appointed, whose judgment as to the yearly rent or value, shall be final. The said commissioners or either of them to ascertain the rent paid on houses or lots actually leased, may call on the tenant or proprietor to declare on oath or solemn affirmation, what is the amount of the rent paid for the same; and every person so called on, and refusing to declare, shall forfeit and pay the sum of three hundred dollars, to be recovered by motion, on ten days previous notice, to be made by the commissioners of the revenue, or either of them; Provided, That no taxes shall be collected on lands, lots, houses or other property belonging to this commonwealth, or to any county, town, college, houses for divine worship, or seminary of learning; every covering horse or jack ass which shall not be duly entered as such, with the commissioners of the tax, and all such horses and asses brought into this commonwealth subsequent to the ninth of March next, shall be liable to a treble tax, to be paid by the owner of the place at which he shall stand, upon whom it shall be distrainable by the sheriff, as if it had been entered in the commissioners' books; for two thirds whereof, the sheriff shall be accountable to the public; and in case of failure to pay the same, shall forfeit two hundred dollars, to be recovered with costs, on motion, after ten days notice by, the auditor, for the use of the commonwealth; Provided, that any person so bringing such horse or ass into the state, entering him with the commissioner within ten days thereafter, and paying the tax to which he would have been liable, had he been duly entered to the sheriff or collector, shall be absolved from the said penalty, and the said commissioners shall subjoin the said horse or ass to the list of taxables.

2. (a) And be it further enacted, That when any person shall remove any stud horse or jack ass out of the limits of the county or enue laws of 1804 and 1805, (post chap. 65, sect. 8-chap. 85, sect. Befay ordinary license shall be granted, the sheriff's receipt for the tax shall be produced to the court. And by act of 1806, ch. I, pall, the taxes on ordinary licenses are altered to five dollars, upon every hundred dollars of the rent, to he ascertained by the rent paid by the tenant, and where such tavern is in the occupation of the proprietor, the yearly value to be ascertained by the commissioners of the revenue provided, that not less than $12 50 cents shall be paid for any tas

vern.

(a) This section not in the former acts.