HOUSE.....No. 62.

THIRD SUPPLEMENT TO HOUSE No. 62.

Commonwealth of Massachusetts.

Mr. Wilder, of Leominster, moves to strike out the title of the bill, and also all after the enacting clause, and insert, as follows:

1

An Act regulating the Sale of Spirituous Liquors.

SECT. 1. Spirituous liquors may be sold, to be 2 used in the arts and for medicinal purposes, by suita3 ble persons licensed therefor, but not otherwise, sav4 ing to all persons their legal rights under the revenue 5 laws of the United States.

1

SECT. 2. The selectmen of the several towns, and 2 the mayor and aldermen of the several cities, shall, 3 on application, license, in writing, as many suitable 4 persons to sell spirituous liquors, in their respective 5 towns and cities, for the purposes named in the first 6 section of this act, as, in their judgment, the public

7 convenience may require; but no license shall extend 8 beyond one month after the expiration of the term of 9 office of said selectmen, or mayor and aldermen, re10 spectively; and any person, licensed as above, who 11 shall knowingly violate his license, shall forfeit twenty 12 dollars for each violation thereof, and also his license, 13 which license shall not be renewed.

1

SECT. 3. Every licensed seller of spirituous liquors 2 shall make an annual return to the selectmen, or the 3 mayor and aldermen, granting his license, of the 4 quantity of such liquors sold by him, or for him, dur5 ing the year next succeeding the date of his license, 6 stating the names of the purchasers, and the amount 7 purchased by each person or company, which return 8 shall be made during the week next preceding the 9 expiration of their terms of office respectively; and 10 the books of said sellers shall be opened for the in11 spection of the said selectmen, or said mayor and 12 aldermen, whenever they shall request the same; and 13 no license shall be renewed unless the requisitions of 14 this section are complied with.

1

SECT. 4. Any person obtaining spirituous liquors 2 by false pretence or misrepresentation shall forfeit a 3 sum not exceeding fifty dollars for every such offence, 4 or he may be committed to prison, for a time not ex5 ceeding six months, according to the discretion of the 6 court.

1 SECT. 5. If any person, without a written license, 2 granted in conformity with the first and second sec3 tions of this act, shall sell, directly or indirectly, by

4 himself or employee, any spirituous or intoxicating 5 liquor, he shall forfeit, for every such offence, twenty 6 dollars. And, pending any complaint or indictment 7 under this section, the several courts and justices of 8 the peace, on a complaint under oath, may issue a 9 search-warrant against the place or building in which 10 the traffic in such liquor is suspected to be carried on, 11 commanding to seize all such liquor, the casks or ves12 sels containing the same, and the implements used in 13 the traffic thereof, found in and upon the premises, 14 and to hold the same, to be used as evidence on the 15 trial of the defendant; and, in case of conviction, they 16 shall be forfeited to the Commonwealth, and disposed 17 of, by order of court. Upon a second, and all subse18 quent convictions under this section, the pecuniary 19 forfeitures shall be doubled, and imprisonment, in 20 aggravated cases, not exceeding three months, may 21 be added, according to the discretion of the court.

1 SECT. 6. All fines, forfeitures, and penalties, in2 curred under this act, may be prosecuted, recovered, 3 and enforced, by the statutes of the Commonwealth 4 applicable thereto, in the several courts of competent 5 jurisdiction to try the same.

1 SECT. 7. All licenses to sell spirituous liquors, 2 granted under the 47th chapter of the Revised Statutes, 3 shall expire on the first day of July next, saving all 4 rights of prosecutions to final judgments and execu5 tions, under the aws granting such licenses, that 6 have been, or shall be, commenced before said day; 7 and this act shall go into operation on said first day of 8 July; but licenses may be granted under it, to take 9 effect on said day.

1

SECT. 8. No prosecution for a violation of this act 2 shall be postponed or suspended, upon the ground of 3 any promise or assurance by the defendant, either 4 with or without sureties, that he will not repeat the 5 offence, but all such prosecutions shall be disposed of 6 in the regular course of criminal business.

1

SECT. 9. All provisions of law inconsistent with 2 this act are hereby repealed.