Portland gazette and Maine advertiser., 1809-02-06
THE ACT.

Commonwealth of Manachufetts.
I'm ACT to jecwe the fesPie Of tbs
Commonwealth agaiuf Unrsai5nabh,
-drbitrory, and UnconffKtianal
SearcbeS IN fbeir DqueLImg-H1
WHEREAS it is declared and
provided in and by the fourteenth
article of the Declaration OF Rights
of the inhabitants of the Common.
wealth of Manachuietts, that "eye-
ny fubject has Alright to be fecure from
all UNREASONABLE fearches &leizures OF
his perfon, his houfc, hisfopers and
poiIeiIions, and that all warrants are
contrary to this right, if the cauie Or
foundation of them is no previouily
fupported by oath or affirmation.
And whereas it is alto provided
in and by the fourth article Of the
amendments to the Contribution OF
thcUnitedStates, that /" the rights OF
the people to be iecure in their per-
fons, houfes, papers and effeets, a.
painlt UNREASONABLE fearches and fe;-
cures, ihall not be violated, and no
warrants ihall ii1ue but upon proba-
Bile caufe fupported BY oath OF afIr.
nation, and particularly defcribing
the place to be fearched and the per-
TONS or things to be feizcd. And
it being the DUTY Of the Legislature
to protect the Citizens Of this State
againlt the infringements Of their e.
fcntial Rights, and to provide effect.
ualy for the puniihment of thofe who
violate them Therefore,,
Seer. !. Be IL e.oa,iIy f5s Sensts and Hsss
o. Rsp,os.fssivs., s.d BY fte authority Of fbs ,sns,
That if any perfon or perfons, after the pad.
ing of this act, in Contempt and violation Of
the faid proviiion. in the declaration of rights
and constitution aforsfaid, ffssll enter any
dwelling houfe of any citizen Of this Common
wealth, iiuate within the fame, in the DAY
time, to fearch the fame houfe for any fpecie
or any articles of domeltic growth, produce
or manufacture, under presencs OF auy au-
thority whatfoever. without or againif the
content of the owner Of fuch dwelling houie,
and not having a warrant therefor, Imported
by oath or affirmation, and iilued by mag
istrzse having competent authority to niue the
fame, every perion 70 offending fhall be adj
Judged TO be guilty Of high miidsmeAnor, y
lhzIi, on CONVICTION thereof in the Supreme
Jadicial Court, be fenteneed by f.id Court to
pay fine to the ufe of the Commonwealth,
not exceeding the fun of dollars, and TO
fuffer imprifonmen, in the common jail OF the
county in which the conviction may be. for
term of time not exceeding mouths,or
either of the faid puniihmenss according to
the cirrumltapcss and sggravation OF laid
offence
Src. g A.S Be- Is fs,i10 e~alasd iy tie ssfb,i.y
sf0,asid. Tha, if any perfon or perions. after
the p.fiing of this sct, in contempt and viola.
ton of the iad Proviiions in the declaration OF
rights and contributions, sforeiaie, fhAll enter
any dwelling houfe of any citizen OF this
Commonwealth, fituate within the fame, IN
the NIGHT lirH., being armed with any Of
fsaive or deadly weapon, TO fearch the fame
houfe for any ipecie, or any articles OF domei-
tic growth, produce or manufacture, under
prerence Of any authority whatfsever, without
or againa the content Of the owner Of iuch
dwelling houle, and not having warran,
therefor. Imported by oath or affirmation,
aud iffued by magiitrate, having competent
authority TO i1Tue the fame, every perfon 70
offending, ihalI be Adjudged to be guilty of
high mitdemeanor, and fhall, on conviction
thereof, in the Supreme Judicial Court, be
fentenced by faid Court, to pay fine to the
ufe of the Commonwealth not exceeding the
FUN of dollars, and to iufter imprisonment
in the common Jail in the County IN which
the conviction may be, for a ferm of time not
exceeding months, or either of laid pun
iihmen,s, according to the circumstances and
aggrsvation Of faid offence -P,vvidsd bsz0evs,,
that nothing = this a6 ihall be confirmed to
eject. or in any manner impair, the remedy
which any perfon might have had for dama-
ges in any civil action, If this act had not
been pafed.
The Senate ordered 500 copies Of the Re-
port, SC. to be printed. together with the
new Embargo Law and aligned i'ueiday
next, u O'Clock, for conlIering the Report.
The Report, which is long, beng wanted to
prepare the pamphlets, we are unable to pub
iiih the preamble this day
An anfwer to the 1t. Governors Speech
was reported in the Senate; and to morrow,
atiI, A. NJ. aligned for its confederation.