The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-02-14
THE ACT.
Commonwealth of Massaehpse,t..

Commonwealth of Massaehusens.
An Actt to secure the People of this Comulon-
wealth., against unreasonable, arbitrary and
unconstitullona. searches i'll their dwelling hou-
seS.
whereas it is declared and provided in and bv
tie fourteenth article OF the declaration of Rights
OF the inhabitants of Massachusetts, that 80 every
subject has a right to be secure from all unrea.
sonable searches and seizures of his person, his
house, ms papers and possessions, and that all
warrants are contrary to Ia. right, If the cause
or foundation OF them is not previously supported
by oath or atiirmation'-
And whereas it is also provided, in and bv
the tourti' article OF the amendments 10 the con
stItutoi OF the United States, that " the rights
OF the people to be secure in their persons, Hou-
Ses, papers and effects, against unreasonable scar
ches ard seizures shall not be violated. and no
warrants shall issue but upon probable cause,
supported by 9th or affirmation, and particular.
ly describing the place to be searched, and the
persons or things to be seized. And it being the
duty of the legislature TO protect the citizens of
TINS state against the ~infringements of their es-
sehtial rights, and to provide effectually for the
punishment OF those who violate them There
.fore,
SEC. L. BE it enacted by the Senstc and House
81 RePreSe"tatveS, and BY the authority If the
SH"ne, iIlatn any person or persons af.er the pas
sing OF ulis act, IN contempt and violation Of the
sad provisions in the Declaration of Rights and
Constitution aforesaid, shalt enter any dwelling
house of any citizen of this Commonwealth. 81
tiatc within the same, in the day time, to search
the same house Tor any specie or any articles of
domestic growth, produce or manufacture. nm
der pretence OF any authority whatsoever. with
out or against the consent OF the owner OF suck
clearinghouse, and not having warrant there
Tor, supported by oath or affirmation, and issued
by magistrate having competent authority TO
issue tie same, every person 50 offending shall
be adIudgea 90 be guilty Of a high misdemcanor
and shall on conviction thereof, in the Supreme
Judicial Court, be sentenced by said Courtto osy
a line to the use of the Commonwealth. not ,x:.
cceding the sum of dsllars. and to s,If.
t,r imprisonment III the common Jail of The com.
~ in which the conviction may he, Tor a term of
uthe ro' exceeding months, for either
oi the sad punlshments, according to the circum.
stances ana aggruation Of said offence.
SEC. 2. And ne il /Rrther enacted h. The Gnnthoyj.
T. 00resai4, That II any person or persons. If ~
Ia passing Of this act, ia contempt and vioi i,ion
OF the sad provision ~ the Declaration of X girls
and Constitutions, aforesaid, shall enter any
dwelling bo,,sc OF any citizen Of dos Common.
wealth, situate wltliin tue same, ~ the NIGHT
tlH'c, being armed with any offensive or deadiy
weapon 10 search the same house for any specie.
or any articles OF domestic grown, produce ar
manufacture, under pictcnce Of .,y autI,nr;f,
wIl'''ocfer, without Or against the Consent o.,
the owner of such dwelling house, and not bay.
ivy q "aPFait therefor, supported by oath or sf
Hfn'at'oh' ava issued by q magistrate, having
'On'leFnt 'uthofry to issue the same, every ne =
son SO OFFENDING, sbaH be adjudgcd 10 he e,llty
ot "a iHgh misdcmca9Or, and sl,slI ON conyici,,n,
t'el u 10 The supreme Judicial Court. be- seu.
: teneedpy sad Court, 20 pay a fine to tic use ~
INC commonwealth, not exceeding the sum OF