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PART I.

Penalty.

Board of excise to receive no fees.

Blanks to be paid for.

PASSED April 12, 1843. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 3. No fee or reward shall be taken by any board of excise, or by any member thereof, for any license to keep a tavern, or to sell strong or spirituous liquors, or for any service required of such board, nor shall any compensation be retained by any such board, or by any member thereof, out of the excise money, but the whole amount thereof shall be paid over in the manner now required by law; but the persons day's atten- composing such board of excise shall be entitled each to

Their pay for one

dance.

Commissioners of excise.

whole or in part furnished to such pauper or person at the public expense.

S3. Every person offending against either of the provisions of this act, shall, for each offence, forfeit the sum of five dollars, in addition to the value or amount of such clothing, effects or money obtained or taken in violation of this act, to be sued for and collected, with costs, by and in the name of the superintendents of the poor of any county in this state having such officers, or by and in the name of the overseers of the poor of any town which supports its own poor, for the use of the poor of such county or town, as the case may be.

CHAP. 97.

AN ACT authorizing licenses to keep taverns without including a license to sell spirits, and to abolish fees for the same.

receive the sum of one dollar and twenty-five cents for one day's attendance only thereon, when actually done, to be audited, allowed and paid in like manner as other town charges, and no other or greater compensation shall be allowed, whether any license shall be granted or not, or whether such board shall be in session one day, or more than one. The expenses of procuring blanks for such licenses as may be granted, when actually incurred, shall be audited, allowed and paid, in like manner as other town charges.

CHAP. 628.

AN ACT to suppress Intemperance and to regulate the sale of Intoxicating Liquors.

PASSED April 16, 1857; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. There shall be appointed on the second Tuesday of May next, by the county judge and the two justices of the

sessions, or a majority of them, of which the county judge shall be one, in each of the counties of this State, (except the city and county of New York, wherein the chief justice of the superior court, the presiding judge of the court of common pleas and the recorder of the city, or any two of them, shall appoint,) at the place where the county courts are required to be held, three reputable freeholders, residents of the county, who shall be the commissioners of excise for their respective counties, and shall be known as the board of commissioners of excise. The said county judge and justices, and in the city of New York the chief justice of the superior court, the presiding judge of the court of common pleas and the recorder of the city, shall meet at the time and place aforesaid, and divide the said commissioners into three classes by lot. The commissioner assigned to the first class shall hold his office until the first day of January, eighteen hundred and fifty-nine, the commissioner in the second class until the first day of January, eighteen hundred and sixty-one, and the commissioner in the third class until the first day of January, eighteen hundred and sixty-three, and one commissioner in every two years hereafter, as the term of office shall expire, shall be appointed on the second Tuesday of May in such year, at the place and by the authorities above provided, who shall hold his office for six years from the first day of January following his appointment. In case of a vacancy in the office of county judge, the appointment of commissioners shall be made by the justices of the sessions. In case of a vacancy by death or otherwise in the board of commissioners, such vacancy shall be filled by the said judge and justices, or by the said chief justice of the superior court, the presiding judge of the court of common pleas, and the recorder of the city of New York, for the unexpired term of such commissioner; every commissioner, before he shall enter upon his duties, shall take and subscribe the oath prescribed by section one, article twelve of the constitution.

CHAP. XX

duties.

$ 2. The commissioners of excise shall meet in their respec- Powers and tive counties at the place aforesaid, on the third Tuesday of May in each year, and on such other days as a majority of the commissioners shall appoint, not exceeding ten days in any one year, and in the city of New York, not exceeding fifty days, for the purpose of granting licenses as hereinafter prescribed. They shall have power to grant licenses to keepers of inns, taverns or hotels, being residents of the town or city where such inn, tavern or hotel is proposed to be kept, to sell strong and spirituous liquors and wines to be drank in their houses respectively; and to store keepers, being such residents, a license to sell such liquors and wines in quantities less than five gallons, but not to be drank in their shops, houses, out-houses, yards or gardens, and they shall have power to determine the sum to be paid for a license by each person applying, which sum shall be as follows: In towns

PART L

To keep re

S3. They shall keep a book of minutes of all their proceedcord of pro- ings in which shall be entered every resolution passed by

ceedings.

them granting a license to any person, with the sum required to be paid, which minutes shall be verified by their signatures and filed with the town clerk of the town for which such license shall be granted, and in the several cities of the state, with the city clerk, within eight days thereafter.

S 4. All licenses shall be signed by the commissioners granting the same. They shall not be issued until the requirements fixed by the board shall have been complied with; when issued they shall be in force, unless revoked, until ten days after the third Tuesday in May next succeeding the granting of such license, and in the city of New York until fifty days thereafter.

To sign licenses.

Clerk of board.

and incorporated villages, not less than thirty dollars nor more than one hundred dollars; and in cities not less than thirty dollars nor more than two hundred and fifty dollars; no license shall be granted to any person or firm to sell in more than one place.

3 P. C. R., 501; 16 How. P. R., 46.

Granting of licenses.

$5. Each of said boards of commissioners of excise, shall have the right to appoint a clerk for the time they may be actually in session, in accordance with the provisions of this act, such clerk to receive the same compensation as is allowed by this act to each of the commissioners. They shall keep a book of minutes of proceedings on which shall be entered the names of all applicants for license, and they shall also enter on said book a list of all licenses granted, with the names of the parties to whom the same are granted, and the names of the securities to the bond required in each case. The said book of minutes shall be deposited in the office of the county clerk. No fee or reward shall be taken by any board of excise, or by any member thereof, or by any clerk thereof, for any license to keep an inn, tavern or hotel, or to sell strong or spirituous liquors, or for any service required of such board, nor shall any compensation be retained by any such board, or by any member thereof, or by any clerk thereof, out of the excise money, but the whole amount thereof shall be paid over to the county treasurers, for the use of the poor in the several counties; but the persons composing such board of excise shall be entitled each to receive the sum of three dollars per day for services actually performed, to be allowed and paid in like manner as other county charges, and no other or greater compensation shall be allowed. The expenses of procuring necessary books for minutes, and necessary blanks, when actually incurred, shall be audited and paid in like manner as other county charges.

$ 6. License shall not be granted to any person to sell strong and spirituous liquors and wines to be drank on the premises of the person licensed, unless such person proposes to keep an inn, tavern or hotel, nor unless the commissioners

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are satisfied that the applicant is of good moral character, that he has sufficient ability to keep an inn, tavern or hotel, and the necessary accommodations to entertain travelers, and that an inn, tavern or hotel is required for the actual accommodation of travelers, at the place where such applicant resides or proposes to keep the same; all of which shall be expressly stated in such license; and no such license shall be granted except on the petition of not less than twenty respectable freeholders of this state residing in the election district where such inn, tavern or hotel is proposed to be kept, by them duly signed and verified by the oath of a subscribing witness, and not then unless in the opinion of the commissioners such inn, tavern or hotel is necessary or proper, and not more than one license shall be granted on the memorial of the same petitioners or any of them; all petitions upon which such licenses shall be granted shall be filed with the county clerk within eight days. And in case the commissioners shall grant any license contrary to the provisions of this act, they shall be deemed guilty of a misdemeanor.

taken.

$7. Nor shall such license to keep an inn, tavern or hotel Bond to be be granted until the applicant shall have executed and delivered to the board of commissioners of excise herein provided, a bond to the people of this state, in the penal sum of two hundred and fifty dollars, with sufficient sureties, who shall duly justify in the sum of five hundred dollars, to be approved by the board of commissioners with a condition that such applicant, during the time that he shall keep any inn, tavern or hotel, will not suffer it to be disorderly, or suffer any gambling, or keep a gambling table of any description, within the inn, tavern or hotel, so kept by him, or in any outhouse, yard or garden belonging thereto.

CHAP. XX.

kept by

38. Every keeper of an inn, tavern or hotel, in any of the What to be towns or villages of this state, shall keep in his house at least inns. three spare beds for his guests, with good and sufficient bedding, and shall provide and keep good and sufficient stabling, and provender of hay in the winter, and hay or pasturage in the summer, and grain for four horses or other cattle more than his own stock, for the accommodation of travelers; and every keeper of an inn, tavern or hotel in the cities of this state shall keep at least three spare beds and the necessary bedding, for the accommodation of travelers. For every neglect or default in having either of the articles herein required, such keeper shall forfeit ten dollars, to be recovered by the overseers of the poor for the use of the poor.

sign.

$9. Every inn, tavern or hotel keeper licensed under the To put up a provisions of this act, shall, within thirty days after obtaining his license, put up a proper sign on or adjacent to the front of his house, with his name thereon, indicating that he keeps an inn, tavern or hotel, and he shall keep up such sign during the time that he keeps an inn, tavern or hotel. For every

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PART L

No recovery for liquor trusted.

Clause in license.

To be of good character.

Penalties for violations.

Ib.

month's neglect to keep up such sign he shall forfeit ten dollars.

$ 10. No inn, tavern or hotel keeper, who shall trust any person other than those who may be lodgers in his house, for any sort of strong or spirituous liquors, or wines, shall be capable of recovering the same by any suit. All securities given for such debts shall be void; and the inn, tavern or hotel keeper taking such securities, with intent to evade this provision, shall forfeit double the sum intended to be secured thereby.

$ 11. In all licenses that may be granted (excepting to inn, tavern or hotel keepers,) to sell strong or spirituous liquors or wines, in quantities less than five gallons, there shall be inserted an express declaration that such license shall not be deemed to authorise the sale of any strong or spirituous liquor, or wine, to be drank in the house or shop of the person receiving such license, or in any out-house, yard or garden appertaining thereto, or connected therewith.

$12. Such licenses shall not be granted, unless the commissioners are satisfied that the applicant is of good moral character, nor until such applicant shall have executed a bond to the people of this State in the penal sum of five hundred dollars, with sufficient sureties, who shall duly justify in the sum of one thousand dollars, to be approved by the commissioners, and to be delivered to the commissioners, conditioned that during the term for which his license shall be granted he will not suffer his place of business to become disorderly; that he will not sell or suffer to be sold, any strong or spirituous liquors or wines to be drank in his shop or house, or in any outhouse, yard or garden appertaining thereto, and that he will not suffer any such liquor, sold by virtue of such license, to be drank in his shop or house, or in any out-house, yard or garden, belonging thereto; and whenever any person is seen to drink in such shop or house, out-house, yard or garden, belonging thereto, any spirituous liquors or wines, forbidden to be drank therein, it shall be prima facie evidence that such spirituous liquor or wines were sold by the occupant of such premises, or his agent, with the intent that the same should be drank therein. On any trial for the offence last aforesaid, such occupant or agent may be allowed to testify respecting such sale.

$ 13. Whoever shall sell any strong or spirituous liquors or wines in quantities less than five gallons at a time, without having a license therefor, granted as herein provided, shall forfeit fifty dollars for each offence.

$ 14. Whoever shall sell any strong or spirituous liquors or wines to be drank in his house or shop, or any outhouse, yard or garden appertaining thereto, or shall suffer or permit any such liquors or wines sold by him, or under his direction or authority, to be drank in his house or shop, or in any outhouse, yard or garden thereto belonging, without having

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