duce a revolution in the sentiments, practices, and habits of the community in respect thereto, and the several legislative enactments with the same end in view which have been the results of those labors and efforts, are all, as I think, matters of judicial cognizance, and are proper to be borne in mind and referred to in our examinations to ascertain the meaning and true interpretation of the statute now in force on the subject.

"Now that ale, strong beer, porter, and most of the fermented drinks known in this country, and which are sold at public-houses and groceries by the drink, can and do produce intoxication to a greater or less extent, and that such is the ordinary effect of their use as a beverage, no man of mature years, who is not strangely oblivious to surrounding and passing events, can have failed to observe. The fact is so patent that it is impossible to close our eyes against it. There is, in my opinion, one aspect in which the unrestrained sale of such liquore by the drink is far more injurious than that of distilled liquors. I allude to the temptation it presents to the reformed or reforming inebriate, who will much more readily yield to a draught of the former than of the latter, and thus fall a hopeless victim to the appetite which he had well-nigh conquered.

"Upon the whole, it seems to me but little short of absurd to contend that the excise law now in force should receive the construction contended for by the appellant, which would leave at least one-half of the evil intended to be remedied entirely untouched and unprovided against."

Court of Appeals, 1860.

Opinion by

WELLES, J.

DECISION OF THE COURT OF APPEALS, 1877.

The decision of the Court of Appeals in the case of Edwin S. Smith, given by Judge Folger, all the others concurring, is to the effect that the provisions of the act of 1857 which prohibit the sale of intoxicating liquors, to be drunk upon the premises, without having a license as a tavern-keeper, are still in full force and effect as a part of the excise law of the State.

NEW JERSEY.

AN ACT CONCERNING INNS AND TAVERNS.

SECTION 1. That any three or more of the judges of the inferior courts of common pleas in and for the several counties of this State shall be and they are hereby authorized to grant licenses to persons to keep inns and taverns, and to utter and sell victuals and vinous, spirituous, and other strong liquors for the accommodation of men, and provender for horses, within their respective counties, in the manner prescribed by this act, and not otherwise.

SEC. 2. That no person shall be licensed to keep an inn and tavern but such as shall be recommended by at least twelve reputable freeholders of the city or township where the said inn and tavern is proposed to be kept, who shall certify that the person so recommended by them is of good repute for honesty and temperance, and is known to the persons recommending to have at least two spare beds more than are necessary for the family's use, and is well provided with house-room, stabling, and provender; and it shall be the duty of the presiding judge, at the time of application made, and before the license is granted, to call upon the judges present to make known any facts or objections within their individual knowledge, if any there be, why such application should not be granted; and thereupon the court may, in their discretion grant the license prayed for by the applicant.

SEC. 3. That no person shall be licensed to keep an inn or tavern unless the freeholders who shall recommend him or her shall also certify that such an ian or tavern is necessary and will conduce to the public good.

SEC. 4. That if any person who shall sign a recommendation, as aforesaid, shall therein have imposed on the court either by signing to an undeserved character or by describing a situation not true, or in any other manner, then every person so offending shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined in the sum of ten dollars, to be paid to the overseers of the poor where the said inn and tavern was proposed to be kept, and applied to the use of the poor of the township or precinct.

68

SEC. 5. That every person, before he or she shall receive a license to keep an inn and tavern, shall become bound by recognizance to the State in the sum of one hundred dollars as principal, with two sufficient sureties, being freeholders in the county, in the sum of fifty dollars each, to be taken before the court that shall grant the said license, with condition following, to wit:

"The condition of this recognizance is such that whereas the abovebounden A. B. is licensed by the court to keep an inn and tavern in the house where dwelleth, in the township or precinct of in the county of for the space of one year next ensuing. If, therefore, the said A. B., during the continuance of the said license, shall not keep a disorderly inn or tavern, nor game himself or herself, nor suffer any person to game in his or her house for money, or the value of money, nor violate the laws made concerning inns and taverns, but shall, during the said term, in all things respecting him or her as an innholder and tavern-keeper, use and maintain good order and rule, and find and provide good, wholesome, and sufficient lodging, diet, and entertainment for man and stabling and provender for horse, and observe the directions of the law relating to inns and taverns, then this recognizance to be void, or else to remain in full force and virtue.

“And if the applicant for a license to keep an inn and tavern shall be prevented by sickness, infirmity, or other reasonable cause, to be judged of and allowed by the said court, from attending in person, then the said court may grant the license on three sureties, as aforesaid, entering into such recognizance in sixty dollars each; all recognizances taken by virtue of this section shall be and remain with the clerk of the court before whom the same shall be taken."

SEC. 6. That the recognizance required by the fifth section of this act may be taken by any judge of the said court of common pleas, out of court, and being signed by such judge, and filed by the clerk, shall have the same force and effect as if the same had been taken in open court.

SEC. 7. That it shall be lawful for the said court to demand and receive for every such license granted and recognizance taken the sum of one dollar; and for the clerk of the court to demand and receive for entering, drawing, and filing such recognizance, and drawing the license and annexing thereto the seal of the court, and making entry in the minutes of sucb license being granted, the sum of one dollar.

SEC. 8. That every license to keep an inn and tavern shall be signed by the clerk of the court which granted the same, and shall have the seal of the said court thereto affixed by the said clerk; which license shall be in the words, or to the effect, following:

"At an inferior Court of Common Pleas, in and for the said

county, held at

in the same, the

the year of our Lord one thousand

day of

in

"The said court doth hereby allow and license A. B., of the township of in the county aforesaid, to keep an inn and tavern, in the house wherein dwells, for one whole year from the day above said, and no longer; so that the said A. B. shall use and exercise this license, during the said term, according to the tenor and true meaning of the laws in such case made and provided. Given under my hand and the seal of the said court, the day and year first above written.

“C. D.,

Clerk."

SEC. 9. That no license shall entitle any person to keep an inn and tavern in any other place than that in which it was first kept by virtue of such license; and such license with regard all other places and persons shall be void.

SEC. 10. That no license shall authorize any innholder, tavernkeeper, or any person, by his or her authority or permission, to sell, or to keep and expose for sale, any rum, gin, brandy, whiskey, cider spirits or other ardent spirits, wine, or any other liquid of which distilled spirits or wine shall form a component part, in any bar, stand, or other place out of the inn or tavern house for which license shall have been granted according to law; and any person offending against the provisions of this section shall be considered as keep ing a disorderly house, and forfeit his or her license and recognizance, and shall be liable to all the penalties imposed by law for selling without license.

SEC. 11. That from and after the passage of this act, all and every person applying to any court authorized by law to grant license to keep an inn and tavern shall make his or her application to the court for said purpose on the first day of the session of said court; and the said court shall, on the first day of said session, or on some other day thereof, publicly fixed on by the said court on the said first day, determine in open court on said application, by granting or refusing the same.

SEC. 12. That every license to keep an inn and tavern shall be made to continue for one year, and no longer; but may be renewed yearly by the said courts, upon the like recommendation, penalties, assessments, and fees, and in the same manner in every respect as when such license was originally granted; and, further, if any person who, at the expiration of his or her license, shall neglect or refuse to renew the same in manner aforesaid, shall notwithstanding sell and retail vinous, spirituous, or strong liquors, then such per

son shall be subject to the like penalties as for selling without license.

SEC. 13. That it shall be the duty of, and it is hereby expressly enjoined upon, the said courts to license no more inns and taverns in their respective counties than shall be necessary to accommodate and entertain travellers and strangers, to serve the public occasions of the said counties, and for the convenience of men's meeting together to transact business; and to prevent, as much as possible, inns and taverns to be kept for the encouragement of gaming, tippling, drunkenness, and other vices.

SEC. 14. That the said courts shall not grant a license to keep an inn and tavern to any sheriff, under-sheriff, or jail-keeper.

SEC. 15. That the said court shall not grant a license to any shopkeeper to keep an inn and tavern; neither shall any inn and tavern and shop for selling goods, wares, and merchandise be kept in one house; and if any shopkeeper shall give or retail strong liquors so as to encourage drunkenness, revelling, or frolicking in his or her house or store, he or she shall forfeit sixteen dollars for every such offence, to be recovered with costs, by action of debt, by any person who will prosecute for the same, in any court of record having cognizance of that sum. Provided, however, that nothing in this section shall be so construed as to prevent the keeping of an inn and tavern and shop for the selling of goods, wares. and merchandise under the same roof, in any city, borough, or town corporate in this State, where the house is so constructed that the shop and tavern (though under the same roof) shall be entirely distinct, without any communication existing between them, and where the tavern and shop shall be kept by different persons, neither of whom have an interest in, or connection with, the business of the other.

SEC. 16. That every inn holder and tavern-keeper shall have and keep in his or her house at least two good feather-beds for guests, with good and sufficient bedclothes for the same, and provide and keep good, wholesome, and sufficient diet for travellers, and stabling and provender of hay and grain for four horses more than his or her own stock, upon pain of forfeiting for every neglect or default of having any of the articles in this cause mentioned the sum of three dollars, to be recovered by action of debt, with costs, in any court of record having cognizance thereof, by any person or persons who shall prosecute for the same.

SEC. 17. That every person to whom the court shall see cause to grant a license to keep an inn and tavern, shall, before the delivery of the said license to him or her, pay to the clerk of the said court such sum as the said court shall assess thereon; and the said court shall take into consideration the situation and circumstances of the