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grant license to

drunk on prem

e board of supervisors of the several towns, Board of superof any incorporated city, and the board of visors, &c., may rporated village within this state, may at any sell liquor to be eeting of the board, grant license to as many ises. ay deem proper, to keep groceries, saloons, s. L. 1851, ch. any name whatever, within the limits of their 162. ties, or villages, for the sale of strong, spirituxicating liquors, to be drunk on the premises, han one gallon. The sum to be paid for such on applying therefor, shall be not less than ten s. L. 1852, ch. hundred dollars, at the discretion of the board 427. ase, and the license so granted shall remain and during the space of twelve months from and eof, unless sooner revoked by the board granting

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ed by town

not issued until

The said license shall be sealed and attested by License to be -r the clerk of the board of aldermen, or the clerk sealed and attestrustees, (as the case may be,) granting the same; clerk, &c., but In no case be issued to the applicant until such license paid. produce to the said clerk proper evidence, by s. L. 1851, ch. wise, that he has paid into the town, city, or village 162. n of money hereinbefore fixed and required to be

No license shall be granted under the provisions License not to be granted until r until the person applying therefor shall have bond given. filed with the said town, city, or village clerk, a 1a. ent bond, in the penal sum of five hundred dollars, re good and sufficient sureties, who shall severally ponsibility over and above all debts and exemptions, idavit, which oath or affidavit shall be attached to the bond, which bond shall be executed to the town, treasurer, as the case may be, and when the sureso justified, shall be approved by the board grante, conditioned that such applicant will, during the

lition of

a.

ons selling

out license

continuance of his license, keep and maintain an orderly and well
regulated house, that he will permit no gambling with cards, or
dice, or any other device or implements used for that purpose,
within his grocery, saloon, shop, or building of any name whatso-
ever, kept by him, or within any out-house, yard, or shed apper-
taining to the same, and that he will observe and obey all require-
ments of said board of supervisors, or board of aldermen, or board
of trustees, or any member thereof, made in pursuance of this
chapter.

mor; punish

t therefor.

1851, ch.

SECTION 5. If any person shall vend, sell, or in any way deal y of misde- or traffic in, or for the purpose of evading this chapter, give away, any spirituous, ardent, or intoxicating liquors or drinks in any quantity whatsoever, without first having obtained license therefor according to the provisions of this chapter, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished therefor by a fine of not less than ten nor more than forty dollars, and costs of suit, [to be paid] within twenty-four hours after the same have been imposed upon him, (during which time he shall remain in the custody of the officers,) or by imprisonment in the county jail of the proper county for the space of sixty days, unless he shall be discharged therefrom before the expiration of said term, by payment of the aforesaid fine and all costs and jail fees occasioned by his prosecution and imprison

ices to have diction of

ment.

SECTION 6. Justices of the peace shall have power to hold a ses arising court, to hear, try, and determine all offenses against or growing out of the provisions of this chapter and arising within their respective counties: provided, that the accused party shall not be deprived of a jury trial, nor of his right of appeal as in other cases of tort.

-unty.

complaint,

ce to issue

SECTION 7. Upon complaint made to any justice of the peace nt of arrest. by any person that he knows, or has good reason to believe, that [an] offense against this chapter, or any violation thereof, has been committed, he shall examine the complainant upon oath, and he shall reduce such complaint to writing, and cause the same to be subscribed by the person complaining. And if it shall appear to such justice that there is reasonable cause to believe that such offense has been committed, he shall immediately issue his warrant, reciting therein the substance of such complaint, and requiring the officer, to whom such warrant shall be directed, forthwith to arrest the accused, and bring him before such justice, to be dealt with according to law; and the same warrant may require the officer to summon such persons as shall be therein named, to appear at the trial to give evidence.

ct attorney

.

SECTION 8. It shall be the duty of the district attorney of duct suit. the proper county, on notice given to him by the justice of the peace before whom any such complaint shall be made, or by the complainant himself, to attend the trial before such justice, and to conduct the same on behalf of the state.

officers

SECTION 9.

It shall be the duty of each [member] of the board of supervisors of the town, and of every member of the board of es under aldermen, and of every member of the board of trustees, as also

make com

for

ery justice of
of any town
ledge, or be
itted against
complaint ag
thereof, withi
re some justic
any such su
table, marshal
and make c
ter, of which
punished by fin
lect or refusal,
the town treasu
Faldermen, villag
SECTION 10.
pirituous, arde

ste, or lessen hi
self or his fan
village to which
self or his fam
of spirituous
by greatly to
to endanger th
member there
eh spendthrift
dermen of the
the board of t

all, in writing u
under this cl
rituous, or int

ace of one yea like manner fo

de said spendthr ard, or city,

3e same.

or

SECTION 11.

ye

men, or trustees,
manner, from
Persons as have
ear; and if any
er shall, during
prohibited pers
quors or drinks
fense the sum
wn, village, or

his sureties, on
pursuance of th
or given, then i
Dame of the to
SECTION 12.
intoxicating, or

12

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162.

the peace, marshal, deputy marshal,. and con- this chapter. ward, or village, who shall know of his own S. L. 1851, ch. redibly informed, that any offense has been the provisions of this chapter, to report and inst the person so violating any of the provisn their respective towns, wards, or villages, of the peace of their county, city, or village; Penalty for negpervisor, alderman, justice of the peace, trustee, lect. or deputy marshal shall neglect or refuse to mplaint of any violation or offense against this he shall have knowledge as aforesaid, he shall e in the sum of twenty-five dollars for each such to be collected in an action, to be commenced rer of the town, or the treasurer of the board e, or city, against him therefor.

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may forbid the

When any person shall, by excessive drinking Certain officers nt, or intoxicating liquors or drinks, so misspend, sale of liquor to s estate or property, as thereby either to expose drunkard or spendthrift. ily to want or indigence, or the town, city, ward, a he belongs, to expense for the maintenance of Id. ily, or shall so habitually indulge himself in the , intoxicating, or ardent liquors or drinks, as injure his health, or endanger the loss thereof, e personal safety and comfort of his family, or eof, the board of supervisors of the town in which lives, or any member thereof, or the board of city in which he lives, or any member thereof, trustees of any village, or any member thereof, nder his or their hands, forbid all persons licenshapter, to sell or give away to him any ardent, oxicating liquors or drinks of any kind, for the r, and said boards, or any member thereof, may orbid the selling of any such liquors or drinks to ift by any licensed person of any other town, or village, to which the spendthrift may resort for

renew prohibi

The said board of supervisors, or board of alder- Board, &c., may or any member of such boards, shall, in the same tion; penalty for ar to year, renew such prohibition, as to all such furnishing liquor to prohibited not, in their or his opinion, reformed within the person. person licensed under the provisions of this chap-Id. g such prohibition, sell or give away to any such on any such ardent, spirituous, or intoxicating s of any kind whatsoever, he shall forfeit for each of fifty dollars, to be collected in an action by the city treasurer, against such licensed person and his bond, in cases where such bond is given in is chapter, or in cases where no bond is required in an action against such licensed person, in the wn or village treasurer, as the case may be.

. When the sale or giving away of spirituous, Further penalty ardent liquors or drinks shall have been prohibited ment.

by imprison

L. 1851, ch. 32.

at licensed per

erly house, oard to sum

to any such spendthrift in pursuance of this chapter, if any person shall, with a knowledge of said prohibition, give, sell, purchase, or procure for or in behalf of such prohibited person, or for his use, any such liquors or drinks, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of fifty dollars, or in default of immediate payment of such fine when legally imposed, by imprisonment in the county jail for the space of thirty days, unless sooner discharged by payment of such fine and all costs and fees up to the date of his discharge. pon complaint SECTION 13. Upon any complaint made in writing under oath, Oon keeps disor- by any two respectable persons, residents of the town, village, or ward in which any licensed person may keep his shop, grocery, saloon, or place for the sale of any liquors or drinks, under the provisions of this chapter, and upon filing the same with the clerk of the town, city, or village, setting forth therein that any such licensed person keeps or maintains a disorderly, riotous, indecent, or improper house; or that he suffers, allows, or permits gambling in his house with cards, dice, or with any device or implements, or in any manner whatever, the board of supervisors, or the board of aldermen, or the board of trustees, (as the case may be,) shall issue their summons, under the hand of their clerk, directed to any constable of the town, city, or village, commanding the person so complained of, to be and appear before such board, on a certain day to be therein named, which day shall be not less than three nor more than ten days, to show cause why his license shall not be immediately revoked and canceled.

non person, &c.

d.

f person shall not appear,

aken as true and license evoked.

d.

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SECTION 14. If such accused person shall not appear as Complaint to be required by the summons mentioned in the foregoing section, to show cause in answer to such complaint, the board issuing the same shall take such complaint and the charges therein made to be true, and if they shall deem the allegations contained in said complaint to be sufficient, they shall immediately cause said license by them before granted, to be wholly revoked and annulled, which action of the board shall be entered by their clerk on the books or journal of the board, and they shall cause proper notice to be given to the person whose license shall be so revoked; but if such person shall appear, he shall be allowed to traverse and deny the matters charged in such complaint, and upon such issue made, each party shall be allowed to produce witnesses as in other cases, hearing may be and to be heard by counsel; if upon such hearing the board shall had, and if com- find the complaint to be true, they shall immediately revoke the license theretofore granted to the accused party; but if they shall find the same not to be true, after proofs adduced, they shall discharge the person complained of free of all costs, and the costs shall be paid by the person making such complaint, for the payment of which costs, said board shall take good and sufficient security of the complainants, before issuing their summons as aforesaid: provided, that in no case where such license shall be revoked and taken away from any person, shall it be lawful for such board to grant another license to the same person within the time of twelve months from the date of such revocation; and provided further, that no part of the money paid by such person for the license so revoked shall be refunded to him.

If he appear,

plaint found true license to be

revoked.

Se the remainder town, or villa moneys; and ing paupers ha l be paid by th the treasury ely for the pur

anties.

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The

proper.

S. L. 1851, ch.

e board of supervisors of any town may grant Board of supericating or spirituous liquors or drinks, in any tavern licenses visors may grant e gallon, to such persons as keep houses of if they deem on any public highway, for the benefit and avelers, in such cases as the said board shall 162. -f such licenses expedient and proper. uch license shall not be less than ten nor more t the discretion of said board, and before the ed to any person, he shall make and file with wn, a written affidavit that he is keeping a ertainment for travelers, commonly known as nd that he desires such license only for the eeping such house of public entertainment, and tion of the traveling public: provided, that no e granted until the applicant shall have exe-give bond as d filed his bond in accordance with section four herein provided. that he shall be in all respects subject to the

ts and penalties hereinbefore made, in the same censed persons.

Applicant must

port of poor.

All moneys derived from licenses granted under Moneys to be his chapter shall be kept separate and distinct applied to sups by the town, city, or village treasurer, and the ied solely for the purpose of defraying the pausuch town, city, or village, unless the amount eed the sum required for such objects, in which er shall be placed in the general treasury of the age, and appropriated in the same manner as d in counties where the county system of supas been adopted, all moneys derived from licenses. To be paid into the treasurers of said towns, cities, and villages county treasury of the county semi-annually, and shall be applied in certain cases. rpose of defraying the pauper expenses of said

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pervisors may

case of bastardy

If any female shall be delivered of a bastard When town suall be a public charge, or likely to become a apply to justice r shall be pregnant of a child likely to be born to inquire into o become a public charge, the board of supervi-" where such female shall reside, or any of them, ication for aid in supporting such child by the or if they deem proper without such application, ustice of the peace of the same county, to make e facts and circumstances of the case.

7. Such justice shall examine such female on oath, Justice to ex

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