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THIRD SUPPLEMENT TO HOUSE No. 62.
Çolution intasti) of jūaggatijttgtttg.
Mr. Wilder, of Leominster, moves to strike out the title of the bill, and also all after the enacting clause, and insert, as follows:–
An Act regulating the Sale of Spirituous Liquors.
SECT. 1. Spirituous liquors may be sold, to be used in the arts and for medicinal purposes, by suitable persons licensed therefor, but not otherwise, saving to all persons their legal rights under the revenue laws of the United States.
SECT. 2. The selectmen of the several towns, and the mayor and aldermen of the several cities, shall, on application, license, in writing, as many suitable persons to sell spirituous liquors, in their respective towns and cities, for the purposes named in the first section of this act, as, in their judgment, the public
convenience may require; but no license shall extend beyond one month after the expiration of the term of office of said selectmen, or mayor and aldermen, respectively; and any person, licensed as above, who shall knowingly violate his license, shall forfeit twenty dollars for each violation thereof, and also his license, which license shall not be renewed.
SECT. 3. Every licensed seller of spirituous liquors shall make an annual return to the selectmen, or the mayor and aldermen, granting his license, of the quantity of such liquors sold by him, or for him, during the year next succeeding the date of his license, stating the names of the purchasers, and the amount purchased by each person or company, which return shall be made during the week next preceding the expiration of their terms of office respectively; and the books of said sellers shall be opened for the inspection of the said selectmen, or said mayor and aldermen, whenever they shall request the same ; and no license shall be renewed unless the requisitions of this section are complied with.
SECT. 4. Any person obtaining spirituous liquors by false pretence or misrepresentation shall forfeit a sum not exceeding fifty dollars for every such offence, or he may be committed to prison, for a time not exceeding six months, according to the discretion of the COUTt.
SECT. 5. If any person, without a written license, granted in conformity with the first and second sections of this act, shall sell, directly or indirectly, by
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himself or employee, any spirituous or intoxicating liquor, he shall forfeit, for every such offence, twenty dollars. And, pending any complaint or indictment under this section, the several courts and justices of the peace, on a complaint under oath, may issue a search-warrant against the place or building in which the traffic in such liquor is suspected to be carried on, commanding to seize all such liquor, the casks or vessels containing the same, and the implements used in the traffic thereof, found in and upon the premises, and to hold the same, to be used as evidence on the trial of the defendant; and, in case of conviction, they shall be forfeited to the Commonwealth, and disposed of, by order of court. Upon a second, and all subsequent convictions under this section, the pecuniary forfeitures shall be doubled, and imprisonment, in aggravated cases, not exceeding three months, may be added, according to the discretion of the court.
SECT. 6. All fines, forfeitures, and penalties, incurred under this act, may be prosecuted, recovered, and enforced, by the statutes of the Commonwealth applicable thereto, in the several courts of competent jurisdiction to try the same.
SECT. 7. All licenses to sell spirituous liquors, granted under the 47th chapter of the Revised Statutes, shall expire on the first day of July next, saving all rights of prosecutions to final judgments and executions, under the aws granting such licenses, that have been, or shall be, commenced before said day; and this act shall go into operation on said first day of July ; but licenses may be granted under it, to take effect on said day.
SECT. 8. No prosecution for a violation of this act shall be postponed or suspended, upon the ground of any promise or assurance by the defendant, either with or without sureties, that he will not repeat the offence, but all such prosecutions shall be disposed of in the regular course of criminal business.
SECT. 9. All provisions of law inconsistent with this act are hereby repealed.