month's neglect to keep up such sign he shall forfeit ten dollars. S 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 obtained a license therefor as an inn, tavern or hotel keeper, shall forfeit fifty dollars for each offence. CHAP. XX. to Indians am 15. No inn, tavern or hotel keeper, or any other person Not to sell licensed to sell any strong or spirituous liquors or wines, shall or apprensell or give away any such liquors or wines to any Indian or tices. apprentice, knowing or having reason to believe him to be such, without the consent of his master or mistress, nor to any minor under the age of eighteen years, without the consent of his father or mother, or guardian. Whoever shall offend against either of these provisions, shall forfeit ten dollars, to be recovered by the master of such apprentice or servant, or by the parent or guardian of such minor; and any person who shall sell or give away any strong or spirituous liquor to any Indian in this state, shall be deemed guilty of a misdemeanor, and on conviction shall be liable to a fine of twenty-five dollars for each and every offence. $ 16. It shall be the duty of every sheriff, under sheriff, Duty of deputy sheriff, constable, marshal, policeman, or officer of sheriff, &c. police, to arrest all persons found actually engaged in the commission of any offence in violation of this act, and forthwith to carry such person before any magistrate of the same city or town, to be dealt with according to the provisions of this act; and it shall be the duty of such magistrate, on sufficient proof that such offence has been committed, unless such person shall elect to be tried before such magistrate, to require a bond to be executed by such offender in the penal sum of one hundred dollars, with sureties, who shall justify in double the amount severally, conditioned, that such offender will appear and answer the charge at the next term of the court of oyer and terminer or sessions to beheld in said county, and abide the order and judgment of the court thereon, or to commit such offender to the county jail until such judgment of said court, or until he be discharged according to law. And it shall be the duty of the magistrate to entertain any complaint of a violation of this act, made by any person under path, and forthwith to issue a warrant and cause such offender to be brought before him, to comply with the provisions of this section; and such magistrate shall, within ten days, cause such bond, together with all papers and affidavits, with a list of the persons and residences of the complainants and witnesses examined before him, to be delivered to the district attorney of the county, whose duty it shall be forthwith to prosecute the same. 3 P. C. R., 600. $ 17. It shall be the duty of every such officer, whenever Intoxicated he shall find any person intoxicated in any public place, to persons. apprehend such person and take him before some magistrate of the same city or town; and if such magistrate shall after due examination, deem him too much intoxicated to be examined, or to answer on oath correctly, he shall direct said officer to keep him in some jail, lock-up or other safe and con PART I. venient place, until he shall become sober, and thereupon forthwith to bring him before said magistrate; and whenever any person shall be brought before any magistrate, as provided in this section, it shall be the duty of such magistrate to administer to such person an oath or affirmation, and examine him as to the cause of such intoxication, and to ascertain the person or persons who sold or gave the liquor to such person; such intoxication being hereby declared to be an offence against the provisions of this act, punishable, upon conviction, by a fine of ten dollars, and costs at the same rate as in courts of special sessions, and imprisonment in the county jail, work house or penitentiary until paid, not, however, to exceed ten days. It shall be the duty of such officers, to arrest, or cause to be arrested, all such persons when so intoxicated, and of the magistrate to entertain such complaints and make such examination, under the penalty of fifty dollars, with full costs of suit, for any neglect to comply with the provisions of this section. Not to sell to drunken persons. Duty of magistrates and overseers of poor. Habitual drunkards and paupers. 3 P. C. R., 386: $ 18. Whoever shall sell or give away any strong or spirituous liquors or wines, or shall suffer any such liquors or wines to be sold or given away, under his direction or authority, to any intoxicated person, shall forfeit not less than ten nor more than twenty-five dollars for each offence. $ 19. It shall be the duty of magistrates and overseers of the poor in any town or city, on complaint and satisfactory proof by a wife, that her husband is an habitual drinker of intoxicating liquors, to issue written notices to all dealers in intoxicating liquors against whom such complaint is made, forbidding the sale or giving of such liquor to such husband for the term of six months from the date of the notice, under a penalty of fifty dollars, with costs, for each and every sale or giving of such liquor, after such notice shall have been given; to be sued for in her own name and for her own use. It shall be the duty of such magistrates and overseers of the poor to forbid the sale in like manner in all cases when a hus band shall make like satisfactory proof concerning the wife, and all the provisions of this section shall apply the same in either case. It shall be the duty of magistrates and overseers of the poor, when like proof is made by a parent concerning a child, who is a minor under the age of twenty-one years, or of a child concerning a parent, to forbid the sale in like manner; and all the provisions of this act shall apply as in other cases named above. $20. It shall not be lawful, under the provisions of this act, to sell intoxicating liquors to any person guilty of habitual drunkenness, nor to any person against whom the seller may have been notified by parent, guardian, husband or wife, from selling intoxicating liquors, and every party so selling or retailing intoxicating liquors, shall, on proof thereof, before any court or competent jurisdiction, be deprived of his license to sell, and shall not be allowed a renewal of said license, and in addition, on conviction, shall be punished by a fine of not less than twenty dollars, nor more than fifty dollars for each and every violation of the provisions herein set forth. If any inn, tavern, or hotel keeper, or any other person or persons whatsoever, knowingly (outside of any poor house), shall sell or give to any pauper or inmate of any poor house or alms house, strong or spirituous liquors, or wines, such person or persons so offending shall be fined twenty-five dollars, and be guilty of a misdemeanor, and on conviction shall be imprisoned not more than sixty days. CHAP. XX. and clec $21. No inn, tavern or hotel keeper, or person licensed to Sundays sell liquors, shall sell or give away any intoxicating liquors or tion days. wines on Sunday, or upon any day on which a general or special election or town meeting shall be held, and within one Am quarter of a mile from the place where such general or special 45 election or town meeting shall be held, in any of the cities, villages or towns of this state, to any person whatever, as a beverage. In case the election or town meetings shall not be general throughout the state, the provisions of this section in such case shall only apply to the city, county, village or ᅥ towns in which such election or town meeting shall be held. Whoever shall offend against the provisions of this section shall be guilty of a misdemeanor, and on conviction shall be imprisoned in the county jail, workhouse or penitentiary not more than twenty days. 3 P. C. R., 600. ed. $22. The penalties imposed by this act, except the penal- Penalties ties provided for by sections eight, fifteen and nineteen, shall how collectbe sued for and recovered in the name of the board of commissioners of excise, and paid over to the treasurer of the county for the support of the poor of the county. filed. $23. Every bond taken pursuant to the provisions of this Bonds to be act, shall, within ten days after the execution of the same, be filed in the office of the clerk of the town or village in which the license shall be granted, and in cities, in the city clerk's office. $24. Whenever a breach of the condition of such bond, By whom given upon the granting of any license, shall happen, it shall to be sued. be the duty of the commissioners of excise, the supervisor of the town, mayor of the city, or trustees of the village, in which the person who shall incur the penalty shall reside, to prosecute the same and recover the penalty therefor. tions. $25. Whenever any conviction or judgment shall be ob- Convic tained against any person licensed to sell strong or spirituous liquors or wines, for any violation of the provisions of this act, either in a suit for a penalty or in a suit upon a bond given by such person, it shall be the duty of the justice or court before whom the same shall be had, to transmit to the Ki next court of sessions of the county, a statement of such conviction or judgment, and the offence for which it was obtained. PART I. для $26. The said court shall cause the person or persons of license. against whom such conviction or judgment was obtained, to be notified to appear on such day as the court shall appoint, to show cause why any such license that may have been granted to him or them should not be revoked. At the day appointed, and on such other days as the court shall appoint, it shall proceed to inquire into the circumstances, and shall revoke the license granted to the person or persons violating the provisions of this act. Effect of re- Liable for Duty of Others may Employ- persons $27. The person whose license shall be revoked shall be incapable of receiving any such license to sell strong or spirituous liquors or wines for the space of three years from the time of such revocation. $28. Any person who shall sell any strong or spirituous liquors or wines to any of the individuals to whom it is declared by this act to be unlawful to make such sale, shall be liable for all damages which may be sustained in consequence of such sale, and the parties so offending may be sued in any of the courts of this state by any individual sustaining such injuries, or by the overseers of poor of the town where the injured party may reside, and the sum recovered shall be for the benefit of the party injured. $29. It shall be the duty of courts to instruct grand jurors to inquire into all offences against the provisions of this act, and to present all offenders under this act, and also all persons who may be charged with adulterating imported or other intoxicating liquors with poisonous or deleterious drugs or mixtures, or selling the same, or with knowingly importing or selling intoxicating liquors or wines adulterated with poisonous or deleterious drugs or mixtures; which offences are hereby declared to be misdemeanors, to be punished by imprisonment in the penitentiary, workhouse or jail, for a period of three months, and by a fine of one hundred dollars. $30. In case the parties or persons whose duty it is, by the provisions of this act, to prosecute, shall neglect to prosecute for any penalty provided by this act, for the period of ten days after complaint to them that any provision of this act has been violated, accompanied with reasonable proof of the same, any other person may prosecute therefor in the name of the board of commissioners of excise. $ 31. All incorporated companies and persons in this state, temperate engaged in conveying passengers, including especially all railroad, steamboat and ferry companies, and all kinds of corporations conveying for hire, persons or property, shall be and hereby are required to refuse employment to all persons who, on good and sufficient proof, shall be shown to indulge in the intemperate use of intoxicating drinks, and any such company which shall retain in its employ any person or persons who shall on competent proof, be shown to be intoxicated at any period whilst in the active service of said company or person, either as engineer, conductor, fireman, switchtender, |