TITLE 9. SEc.11. Innkeepers not to trust certain persons above certain sum; penalty. Commission. ers of excise towns. 12. Licenses to grocers to specify that no liquor is to be sold to be drunk in house, &c. 13. Bond with surety to be executed by grocers; its condition. 14. Fee allowed to commissioner for drawing bond. 15. Penalty for selling less than five gallons of liquor, without license. 16. Penalty for selling liquor to be drank in house, &c. without license. 17. Penalty for selling liquor to minors, apprentices or servants. 18. Penalty for receiving from minors, &c. property, &c. in payment or pledge for liquor. 19. Penalties to be sued for by overseers of poor. 20. Bonds taken under this Title, when and where to be filed. 21. Who to prosecute for breach thereof; application of recovery. 22. Convictions for penalties, and judgments on bonds, to be sent to general sessions. 23 Proceedings; court may revoke license; when it shall be revoked. 24. Person whose license is revoked, incapable of receiving another for three years. 25. Offences against provisions of this Title, misdemeanors. 26. Metheglin, cider, and certain wines, excepted from this Title. 27. Construction of this Title as to New-York, and cities and villages. 28. Preceding provisions not to extend to vessels or boats. 29. Penalty for selling liquor under five gallons, on board vessels or boats. $1. The supervisor of every town, and the justices of the peace in the several resident therein, shall be commissioners of excise for their town; three of them, consisting of the supervisor and any two justices, shall be competent to execute the powers herein vested in the board. If the office of supervisor be vacant, then any three of the justices shall form a board. If there be not two justices in the town, then any two justices of a neighboring town may be associated by the supervisor with him, and the three shall form a board.98 When and where to meet. To keep book of minutes. To grant licenses, and paid therefor. $2. The commissioners of excise shall meet in their respective towns, on the first Monday of May in each year, and on such other days as the supervisor shall appoint, at such place as shall be desig nated by him; or in case his office be vacant, on such other days, and at such places, as the justices of the peace of the town may appoint.99 Ss. They shall keep a book of minutes of all their proceedings, in which shall be entered every resolution passed by them, granting a license to any person, with the sum required to be paid by such person; which minutes shall be verified by their signatures, and shall be filed with the town clerk within five days.99 S4. They shall have power to grant licenses to keepers of inns fix sut to be and taverns, being residents of their town, to sell strong and spirituous liquors and wines, to be drank in their houses respectively; and to grocers 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 to determine the sum to be paid for a license, by each person applying; which sum shall not be less than five dollars, nor more than thirty dollars. 100 (98) 1 R. L. 176, § 1. (99) Ib. § 3. (100) Ib. § 4. grant TITLE 9. Licenses how thereon; how $ 5. The said licenses shall be signed by the commissioners ing the same, for which they shall collectively be entitled to receive the sum of seventy-five cents; they shall not be issued until the said signed: fee allowance, and the duty fixed by the board, shall have been paid; long in force. when issued, they shall be in force, unless revoked, until the day after the first Monday in May in the succeeding year.1 ses to sell li drank to be $6. Licenses shall not be granted to any person to sell strong and When licenspirituous liquors and wines, to be drank in the house of the seller, quors to be unless such person proposes to keep an inn or tavern, nor unless the granted. commissioners are satisfied that the applicant is of good moral character, that he is of sufficient ability to keep a tavern, and has the necessary accommodations to entertain travellers, and that a tavern is absolutely necessary for the actual accommodation of travellers, at the place where such applicant resides, or proposes to keep the same; all which shall be expressly stated in every such license.2 vern-keepers. $7. Nor shall such license be granted, until the applicant shall Bouds by tahave executed and delivered to the supervisor, or in case of his absence, one of the justices of the town, a bond to the people of this state, in the penal sum of one hundred and twenty-five dollars, with a sufficient surety, to be approved by the board of commissioners, with a condition that such applicant, during the time he shall keep an inn or tavern, will not suffer it to be disorderly, or suffer any cock-fighting, gaming, or playing with cards or dice, or keep any billiard table or other gaming table, within the tavern so by him kept, or in any outhouse, yard or garden, belonging thereto. 3 Tavera provide cer $8. Every keeper of an inn or tavern, shall keep in his house at least two spare beds for his guests, with good and sufficient sheeting keepers to and covering for such beds; and shall provide and keep good and iain articles. 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 travellers. For Penalty. every neglect or default in having either of the articles herein required, such keeper shall forfeit five dollars, to be recovered by the overseers of the poor, for the use of the poor.4 $ 9. Every innholder or tavern-keeper, shall, within thirty days To keep a after obtaining his license, put up a proper sign, on or adjacent to the sig front of his house, with his name thereon, indicating in some way that he keeps a tavern; and shall keep up such sign during the time he keeps a tavern. For every month's neglect to keep up such sign, he shall forfeit one dollar and twenty-five cents." Sign not to $10. No person who has not at the time a license to sell strong or spirituous liquors, or wines, to be drank in his house, shall erect be put up by or put up any sign indicating that he keeps a tavern; and whoever licensed. (1) 1 R. L. 176, § 1 & 4. (2) Ib. § 3. (3) Ib. § 6. (4) Ib. § 9. (5) lb. § 15. persons not TITLE. offends against this provision, shall forfeit one dollar and twenty-five cents for every day such sign shall be so kept up. Certain persons not to be a certain sum $11. No innholder or tavern-keeper, shall trust any persons other trusted above than those who may be lodgers in his house, or travellers not residing by innkeepers in the same city or town, for any sort of strong or spirituous liquors, or tavern expenses, above the sum of one dollar and twenty-five cents; nor shall he be capable of recovering the same by any suit. All securities given for such debts shall be void; and the innkeeper taking such securities, with intent to evade this provision, shall forfeit double the sum intended to be secured thereby.7 penalty. Special clause to be censes to grocers, &c. $ 12. In all licenses that may be granted to grocers, or other perinserted in li- sons applying for the same, (excepting tavern-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 such sale of any 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. Bond to be cers. 13. Such licenses, to grocers, shall not be granted, unless the given by gro- 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 one hundred and twenty-five dollars, with such surety as shall be approved by the commissioners, conditioned that, during the term for which his license shall be granted, he will not suffer his grocery 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 out-house, 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. Its condition. Fee for drawing bond. Penalty for 5 gallons $14. Whenever any bond required by this Title, shall be drawn by any commissioner of excise, he shall not demand or receive therefor any greater fee than twenty-five cents. $15. Whoever shall sell any strong or spirituous liquors, or any selling under wines in any quantity less than five gallons at a time, without having a license therefor granted as herein directed, shall forfeit twenty-five dollars.8 without license. Penalty for to be drank in house, $16. Whoever shall sell any strong or spirituous liquors or wines. selling liquor, to be drank in his house or shop, or in any out-house, yard or gar den appertaining thereto, or shall suffer 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 out-house, yard or garden appertaining there &c. without license. (6) 1 R. L. 176, § 15. (7)Ib. § 12, 13 & 14. (8) Ib. p. 178, § 7. to, without having obtained a license therefor as a tavern-keeper, shall TITLE 9. forfeit twenty-five dollars.9 selling liquor to minors, apprentices or servants. $ 17. No tavern-keeper, grocer, or other person licensed to sell Penalty for any strong or spirituous liquors or wines, shall sell any such liquors or wines to any apprentice or servant, knowing or having reason to believe him to be such, without the consent of his master; nor to any minor under the age of fourteen years, without the consent of his father or mother or guardian. Whoever shall offend against either of these provisions, shall forfeit five dollars, to be recovered by the master of such apprentice or servant, or by the parent or guardian of such minor.10 ceive proper ment or quor sold to 18. No tavern-keeper, grocer, or other person shall directly or Not to reindirectly take or receive from any such apprentice or servant or mi- ty, &c. in paynor, any clothing, or any goods, money or things in action, in pay- pledge, for li ment for any strong or spirituous liquors or wines, sold to such appren- minors, &c. tice, servant or minor, or in pawn or pledge to secure any such payment. Whoever shall offend against this provision, shall forfeit three times the sum or value of the money or articles so received, to the master of such apprentice or servant, or to the parent or guardian of such minor, as the case may be, to be recovered by them, together with the money or articles so received.11 naltics to be $ 19. The penalties imposed by this Title, shall be sued for and By whom perecovered by the overseers of the poor of the town where the offence collected. is committed, except in those cases where other special provisions are made. 12 and where to be filed. $20. Every bond taken pursuant to the provisions of this Title, Bonds when within five days after the execution of the same, shall be filed in the office of the clerk of the town, city or village, in which the license shall be granted. on breach of S 21. Whenever a breach of the condition of such bond shall hap- Prosecutions it shall be the duty of the supervisor of the town, mayor of the bonds. pen, city, or trustees of the village in which such bond was executed, to prosecute the same and recover the penalty thereof for the use of the poor. 12 $22. Whenever any conviction or judgment shall be obtained Certain conagainst any person licensed to sell strong or spirituous liquors or wines, judgments to for any violation of the provisions of this Title, either in a suit for a pe- beneral ses nalty, or in a suit upon the bond given by such person, it shall be the ions. duty of the justice or court before whom the same shall be had, to transmit to the next court of general sessions of the peace of the county, a statement of such conviction or judgment, and of the offence for which it was obtained. (9) 1 R. L. 176, § 7. (10) Ib. § 11. (11) Ib. § 12. (12) Ib. § 16; Laws of 1820, p. 30, § 1. VOL. I. 86 victions and sent to TITLE 9. License when $23. The said court shall cause the person against whom such conviction or judgment was obtained, to be notified to appear on such day to be revoked as the court shall appoint, to show cause why any license that may have been granted to him to sell strong or spirituous liquors or wines, should not be revoked. At the day appointed, and at such other days as the court shall appoint, it shall proceed to inquire into the circumstances, and may in its discretion revoke and annul any such license. If such conviction or judgment be for a second or other offence after the first, the court shall revoke and annul such license. Consequence of revoking license. S24. Upon any order being entered for the revocation of any such og license, the said license shall be annulled and altogether void; and the person whose license shall be so revoked, shall be incapable of receiving any license to sell strong or spirituous liquors or wines, for the space of three years from the time of such revocation. Violations of this title, $25. All offences against the provisions of this Title shall be misdemea deemed misdemeanors, punishable by fine and imprisonment.13 Exception of $26. No person shall be subject to be prosecuted by virtue of the provisions of this Title, for selling metheglin, currant wine, cherry wine, or cider. 14 sider, &c. Application of this title to and other cities, and to villages &c. $27. The preceding provisions of this Title shall not extend to the New-York city of New-York; nor shall they impair the powers of any corporation of any other city, town or village, or of the trustees of any village, specially authorised by law to grant licenses to sell strong or spirituous liquors, but such powers shall be exercised in the manner herein prescribed by such corporation, or the officers authorised by it, instead of the board of commissioners of excise herein created. Not to extend to vessels and boats. Penalty for selling liquor under 5 gallons, on board vessels or boats. How collect ed and applied. $ 28. The preceding provisions of this Title shall not extend to any person selling strong or spirituous liquor or any wines, on board any boat or vessel navigating any river, lake, canal, or other stream within this state. $29. Whenever any boat or vessel of any description, navigating any river, lake, canal or other navigable water within this state, shall remain at any city, town, village or other place, for a longer time than one hour, no strong or spirituous liquor or wine shall be sold in any quantity less than five gallons, on board of such boat or vessel while so remaining beyond such hour, to any person or persons whatever, under the penalty of twenty-five dollars for each offence. $ 30. Every penalty incurred by selling strong or spirituous liquor on board a steam-boat or canal boat, shall be sued for and recovered by and in the name of the overseers of the poor of the town or city in which the offence was committed, and shall be appropriated to the |