where such liquor may be sold, and shall not be deemed to authorize such sale in any other town, building, or place; and every person so licensed who shall make any such sale in any other town, building, or place than the one specified in such license, shall be subject to all the penalties provided by law for unlicensed persons, and may be proceeded against, prosecuted, and punished as such. And any town may, at its annual town-meeting in each year, determine by ballot, by a major vote of the electors present and voting at said meeting, whether the selectmen of the town shall make any recommendations for the granting of licenses under this act, and the polls for this vote shall be open during the same hours as for the other votes of said meeting. And it shall be lawful for any town to vote in manner herein otherwise provided either to issue licenses generally for the sale of all kinds of spirituous liquors, ale, lager-beer, etc., or to issue licenses whereby only those liquors enumerated in section four of this amendment shall be permitted to be sold; and if any town shall instruct the selectmen thereof not to make such recommendations, then the selectmen shall be prohibited from making any recommendations for the granting of licenses; and any selectmen who shall recommend the licensing of any person, after a vote of the town instructing them to the contrary, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding one hundred dollars, or be imprisoned in a common jail not exceeding sixty days, or by such fine and imprisonment both.

SEC. 4. The board of county commissioners of each county in this State may grant licenses under the provisions of this act, and the act to which this is in addition, for the sale of ale. lager-beer, and Rhine wine, upon the payment of the sum of fifty dollars.

SEC. 5. If any person licensed to sell ale, lager-beer, and Rhine wine only, shall keep, sell, or give away in the saloon, store, or room where such person is so licensed to sell ale, lager-beer, and Rhine wine only, any spirituous or intoxicating liquors, such person shall for such offence be subject to all the penalties provided by law for unlicensed persons, and may be proceeded against, prosecuted, and punished as such.

SEC. 6. Licenses granted under this act shall be transferable by consent of the county commissioners, upon the fulfilment by the transferee of similar conditions to those required by the original li

censee.

SEC. 7. Whenever any licensee shall desire to remove his place of business from one building in the town to another in the same town, the county commissioners, upon the recommendation of the selectmen of such town, shall have power to grant him permission to do

so, if they deem it expedient; and in all such cases shall endorse such permission in writing on his said license, which said license shall be effective thereafter to protect said licensee in the premises to which he shall so have removed.

SEC 8 The county commissioners of each county shall appoint one or more persons residing in such county, as they may deem expedient, to be designated prosecuting agents, whose duty it shall be diligently to enquire into all violations of the laws relating to the sale of spirituous or intoxicating liquors, ale, or lager-beer therein, and who shall have and exercise in any town in said county the powers of grand jurors of said town or prosecuting officers of any city, in prosecutions for such violations, and shall prosecute therefor; and in such prosecutions, tried in superior court, such agents shall render such aid and give such information as the State attorney may require, and shall also render monthly reports of their doings to the county commissioners of said county; and for non-performance of duty or other cause shall be forthwith removed by said commissioners, and others appointed in their stead.

SEC. 9. Every prosecuting agent appointed under the provisions of the preceding section shall be paid ten dollars for each case commenced and prosecuted by him before a justice of the peace, city or police court, or before any superior court in any county in this State. Provided, that such prosecuting officer shall not receive said fee, unless the court that taxes the costs is of opinion that the prosecution was brought in good faith and upon probable cause, which said sum shall be in lieu of all other fees and allowance to said agent; and the selectmen of the town in which the offence is committed for which the prosecution shall be brought, shall draw their order on the treasurer of such town, in favor of such agent, upon the certificate of such justice of the peace or clerk of the court, stating the name and title of the case, and of the person who acted as agent in the prosecution thereof.

SEC. 10. The payments authorized to be made under the next preceding section shall be taxed by such justice of the peace or city or police court in the bill of costs against accused, if they be found guilty; and, when collected, shall be paid by said justice or clerk of such city or police court into the treasury of the town which shall have been required to pay the same to such prosecuting agent.

SEC. 11. Nothing in this act shall be construed to prevent the taking of license at any time during the year under the provisions hereof, with a proportionate deduction from the amount of the annual license fee, according to time, nor shall it affect any license already issued which does not expire until after the thirty-first day of October, A.D. 1874.

SEC. 12. No person so as aforesaid licensed to sell any spirituous and intoxicating liquors, ale, or lager-beer, shall sell, exchange, or give to any minor, or to any intoxicated person, or to any habitual drunkard, or to any father, mother, husband, wife, or child whose child, wife, husband, or parent respectively have, in the manner hereafter provided, notified him not to do so, any spirituous or intoxicating liquor, ale, or lager-beer, nor shall such person sell, exchange, or give to any one impure, spurious, or adulterated liquors, ale, or lager-beer.

SEC. 13. Whenever any person shall complain to any of the selectmen of any town that his or her father, mother, husband, wife, or child is addicted to the use of spirituous and intoxicating liquors, ale, or lager-beer, and shall request said selectmen, in writing, to notify the licensed dealers in said town not to sell, exchange, or give to such fatber, mother, husband, wife, or child any spirituous and intoxicating liquors, ale, or lager-beer, such selectmen shall forthwith notify, in writing, every licensed dealer in said town that such request has been made, and that the sale, exchange, or gift of spirituous and intoxicating liquors, ale, or lager-beer to such father, mother, husband, wife, or child is absolutely forbidden by law.

SEC. 14. Any person or persons who shall procure or furnish any spirituous or intoxicating liquors, ale, or lager-beer to any person or persons who have been refused the same in accordance with section thirteen of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than twenty dollars nor more than fifty dollars, or by imprisonment in the county jail not exceeding sixty days, or by such fine and imprisonment both.

SEC. 15. No persons licensed under the preceding provisions of this act to sell spirituous or intoxicating liquors, ale, or lager-beer shall, between the hours of twelve o'clock at night and five o'clock on the following morning, keep open any place, apartment, store, or room where such spirituous or intoxicating liquors are sold or ex changed, or are kept or exposed for sale or exchange, under a penalty not less than seven dollars nor more than fifteen dollars for each and every violation.

SEC. 16. Prosecutions for the violation of this act, and of the act to which this is in addition, shall be heard and determined by a justice of the peace, or city or police court, in cities where such court exists, subject to the right of the accused to appeal from the judgment of such justice or court, as in other criminal cases.

SEC. 17. The bond to be taken on the issuing of each license for the sale of ale, lager-beer, and Rhine wine only, may be in the form prescribed in section nine of the act to which this act is in addition, omitting the words, "spirituous and intoxicating liquors."

SEC. 18. All acts and parts of acts inconsistent with this act, or the act to which this is in addition, are hereby repealed.

[Approved July 25, 1874.]

The following were passed in 1877:

CLOSING SALOONS ON ELECTION DAYS.

Mayors of cities, wardens of boroughs, and selectmen of towns may between sunrise and sunset on the day of any city, borough, town, or electors' meeting close any place therein where any intoxicating liquors or cider are ordinarily sold or reputed to be sold, to be drunk on the premises, and may order any such place to be kept closed between sunrise and sunset on the day of any such meeting; and every sheriff, deputy-sheriff, constable, bailiff, and police officer within their respective precincts shall enforce such orders and arrest any person disobeying them, who shall be fined not more than $100 or imprisoned not more than thirty days, or both.

[Approved March 9, 1877.]

AN ACT CONCERNING COUNTY COMMISSIONERS.

If any person holding or who shall hereafter hold the office of county commissioners shall directly or indirectly, by himself, servant, or agent, engage in the sale of intoxicating liquors, he shall thereupon become disqualified to hold such office of county commissioner, and his appointment to such office shall become void and said office vacant. No person holding the office of county commissioner shall be or become a surety upon the bond of any person licensed to sell intoxicating liquor.

[Approved March 13, 1877.]

SEC. 30 OF AN ACT RELATING TO ELECTORS AND ELECTIONS. Every person who, between the hours of five o'clock in the morning and six o'clock in the evening of the day of any electors, meeting. shall keep open any room, place, or enclosure, or any building or any structure of any kind or description, in which it is reputed that intoxicating liquors are exposed for sale and to be drunk on the premises, shall be fined forty dollars or imprisoned thirty days, or both. If any person licensed to sell spirituous or intoxicating liquors, ale, Rhine wine, or lager-beer shall violate the prohibition or provisions of this section, such violation shall work a forfeiture of his license and of all moneys that may have been paid for such license, and such person shall not thereafter for the space of one year be eligible to receive a license to sell any spirituous or intoxicating liquors, ale, Rhine wine, or lager-beer. All prosecutions for a violation of this section shall be determined by a justice of the peace or city or police court.

[Passed over the Governor's veto by the House March 20, by the Senate March 21, 1877.1

NEW YORK.

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:

SECTION 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, and 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 such 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 supe