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of good moral character, as, in their judgment, the public good may require, to be sellers of alcohol and wine, for the purposes specified in the preceding section, such licenses not to extend over one month beyond the term of office of said selectmen, or mayor and aldermen.
SECT. 3. Every person, on applying for a license, under this act, before receiving the same, shall subscribe the following declaration:
“I, [here insert the name, being licensed to be a seller of alcohol in [here insert the town or city, in the Commonwealth of Massachusetts, do hereby promise, that I will not purchase, nor knowingly sell, nor permit to be sold under me, any alcohol, rum, brandy, gin, wine, or other spirituous or intoxicating liquors, to be used as a beverage, or for other purposes than permitted by the laws of this Commonwealth ;” which subscribed declaration shall be kept on file by said selectmen, or mayor and aldermen, granting the liC6 Il S62.
SECT. 4. Every licensed seller of alcohol shall put up, in or about his premises, in some conspicuous place, the words— LICENSED TO SELL ALcohol, ; and shall keep a book open to public inspection, in which he shall record all sales by him made, with the date, and name of the purchaser.
SECT. 5. Every licensed seller of alcohol, who shall knowingly offend against any of the foregoing provisions, shall forfeit not less than twenty dollars,
nor more than fifty dollars, and his license, which shall not be renewed for the space of one year; but no person, whose license shall be so forfeited, shall thereby be discharged from any indictment or complaint, under this section, pending against him.
SECT. 6. Every purchaser of alcohol, who shall, designedly, by false pretences, or false description of his name or the purpose for which the liquor is bought from any licensed seller thereof, obtain alcohol, rum, brandy, gin, wine, or other spirituous or intoxicating liquor, to be used as a beverage, or for other purposes than permitted by the laws of this Commonwealth, shall forfeit twenty dollars for every such offence.
SECT. 7. If any person, without license, shall sell, or offer for sale, or have in his possession, with intent to sell, any intoxicating liquor, he shall forfeit, for each offence, twenty dollars.
SECT. 8. If any person shall be more than once convicted under any of the foregoing provisions, he shall, in addition to the aforementioned penalties, on the second conviction, be imprisoned in the county jail or house of correction, not less than ten nor more than thirty days; and, on the third conviction, not less than thirty, nor more than ninety days; and, on the fourth conviction, he shall be adjudged a common and notorious offender, and be committed to the county jail or house of correction for any term not less than one year.
SECT. 9. No person shall knowingly let, or knowingly suffer to be used, any building for the sale of intoxicating liquor, contrary to the provisions of this act, on pain of forfeiting not less than fifty dollars nor more than five hundred dollars. And whenever a building shall be so used, the lease, at the option of the lessor, shall be void, and the lessee may be ejected, without notice, according to the one hundred and fourth chapter of the Revised Statutes.
SECT, 10. Every justice of the peace, and every court before whom any person may be convicted of drunkenness, or of being a common drunkard, shall, within ten days after sentence is pronounced, certify the same to the clerk of the town or city where such convict resides; and it shall be the duty of such clerk, forthwith, to cause written notice of such conviction to be given to all licensed sellers of alcohol in such town or city; and if such licensed seller, or any other person, with knowledge of such conviction, shall thereafter give or sell, to any such convict, any intoxicating liquor, he shall, for every such offence, forfeit one hundred dollars.
SECT. 11. The several courts and justices of the peace, pending any complaint or indictment, under the sixth or seventh section of this act, may, on a complaint, under oath, issue a search-warrant against the place suspected, if the defendant has been already arrested, or, if not, may insert the appropriate clause in the warrant for his arrest, commanding that all intoxicating liquors, and the casks or other vessels containing the same, and implements used in the
traffic, found upon the premises, be seized, and held to be used as evidence on the trial of the defendant; and, in addition to the other penalties hereinbefore provided, to be forfeited, in case of conviction, and disposed of, under the direction of the court, to licensed dealers only.
SECT. 12. All forfeitures under this act may be recovered by indictment to the use of the Commonwealth ; and when the same does not exceed twenty dollars, the prosecution may be had before a justice of the peace or police court, subject to the right of appeal, as in other cases: provided, however, that, in cases of conviction, under section ten of this act, if it shall be made to appear, on representation to the court, that the party to whom the intoxicating liquor was sold has a wife in needy circumstances, the court may, upon her application, order that the forfeiture, not including the costs, be paid to such wife for her sole and separate use.
SECT. 13. The words “alcohol” and “intoxicating liquor,” as used in this act, shall severally be construed to include rum, brandy, gin, wine, and all other liquors, part of which is spirituous or intoxicating.
SECT, 14. All acts, and parts of acts, inconsistent with this act, are hereby repealed, saving all rights of prosecution for offences previously committed.
SECT. 15. This act shall go into operation on the first day of July next; but licenses may be granted under it during the months of May and June next, to 4 take effect simultaneously therewith ; and no licenses, 5 granted under the forty-seventh chapter of the Re6 vised Statutes, shall authorize the sale of intoxicating 7 liquors after said day.