Proviso. Proviso Proviso Mortgage to be authorized and recorded.j against all persons, except mortgagees, vendees or execution creditors before the date of such mortgage, the same shall be held good and valid, and the property so authorized to be mortgaged or transferred, may remain and continue to be used on the road of the said company, or on any other road, subject to such mortgage or transfer, without, in anywise, impairing the force or validity thereof: Provided, That all debts against the company for ties, wood and other materials furnished, or damages ascertained, or labor performed along the line of the road, shall be paid up in full, or satisfactorily secured to the creditor, up to the date of the creation of the first mortgage or trust under this law; and that on each and every subsequent trust or mortgage so created, all such debts and damages shall be so paid or secured up to the date of its creation; and that it shall be the duty of the mortgagee or trustee, to see that the above conditions have been complied with before accepting the trust, and to endorse on each bond issued under the mortgage, the fact of such fulfillment: Provided also, That every such mortgage or transfer shall be signed by the president, and sealed with the seal of the said company, and acknowledged and recorded as hereinafter directed: And provided further, That every locomotive, tender, car and each separate piece of such rolling stock or property shall, when mortgaged or transferred as aforesaid, have distinctly painted thereon in some conspicuous place, and in letters not less than two inches in length, the word "mortgaged," together with the date of the instrument under which the same is so mortgaged or transferred. SECTION 2. That every such mortgage or transfer as aforesaid, shall be first duly acknowledged or proved in manner as directed by the existing laws of this commonwealth, providing for the acknowledgment of mortgages of real property made by corporations, and recorded within twenty days after the execu tion thereof in the office of the recorder of deeds of each county wherein the railroad of the said company may pass; and a copy of the record of every such mortgage or transfer, certified by such recorder, shall be held to be as good evidence and effectual in law, as the original mortgage or transfer. RICHARDSON L. WRIGHT, Speaker of the House of Representatives. WM. M. PIATT, Speaker of the Senate. APPROVED-The thirty-first day of March, Anno Domini one thousand eight hundred and fifty-six. JAMES POLLOCK. No. 232. AN ACT To authorize the appointment of an Auctioneer in the borough of Danville, in Montour county. Montour county. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the provisions of the act of assembly, passed the thirtieth day Act extended to of March, one thousand eight hundred and fifty-four, entitled "An Act to authorize the appointment of an auctioneer in Clinton county, and in the borough of Meadville, in Crawford county," be and the same are hereby extended to the borough of Danville, in Montour county. ted. SECTION 2. That neither the auctioneer appointed under the Certain acts pro authority of this act, nor any one for him, shall import or cause hibited. to be imported from any place without the limits of the county of Montour, any goods, wares and merchandize of any description, either directly or indirectly, for the purpose of exposing them to sale within the borough of Danville, nor shall said auctioneer sell, by himself or agents, any goods so imported for the purpose of being so exposed to sale at auction, under the penalty of one hundred dollars, to be sued for and recovered in the manner and for the uses specified in the third section of this act. SECTION 3. That no person or persons shall, under pretence of Auctions reguladeclining business, dispose of his, her, or their goods or merchandize at public auction in the said borough of Danville, unless such person shall have resided and been a licensed retailer in the said borough for at least six months immediately preceding such sale, and that under such pretence of declining business no person or persons as aforesaid shall dispose of his, her, or their stock of goods or merchandize by public auction in said borough more than once in any term of twelve successive months; and every person or persons offending against this section, shall upon conviction forfeit and pay the sum of fifty dollars for each and every day he, she, or they shall offer such goods at auction, to be sued for and recovered, one half for the use of the person suing, and the other half for the use of the school fund of the said borough. SECTION 4. That the provisions of this act shall not prevent Exceptions. a sheriff, coroner, constable, or other proper officer from disposing of any property upon which he may levy as heretofore. APPROVED-The thirty-first day of March, Anno Domini one thousand eight hundred and fifty-six. JAMES POLLOCK. No. 233. AN ACT To Regulate the Sale of Intoxicating Liquors. SECTION 1. Be it enacted by the Senate and House of Represen-* tatives of the Commonwealth of Pennsylvania in General AssemSale regulated. bly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act it shall be unlawful to keep and maintain any house, room or place where vinous, spirituous, malt or brewed liquors, or any admixtures thereof, are sold or drank, except as hereinafter provided. Sale of less than hibited. SECTION 2. That no licenses hereafter issued to any venders one gallon pro- of vinous, spirituous, malt or brewed liquors, or any admixtures thereof, either with or without other goods, wares and merchandize, shall authorize sales of said liquors or any admixtures thereof in less quantities than one gallon, except as hereinafter Theatres, &c, not provided; nor shall any license for the said sales, in any quanto sell any quantity, be granted to the keeper of any beer house, theatre or other place of amusement. tity. Brewers, &c., to be classed and li censed. SECTION 3. That breweries and distilleries in all parts of the state shall be returned, classed, assessed and licensed agreeably to the provisions of the act of tenth of April, Anno Domini, one thousand eight hundred and forty-nine, entitled "An Act to create a sinking fund, and to provide for the gradual and certain extinguishment of the debt of the commonwealth," and the owner, proprietor or lessee of any and each of the said breweries and distilleries shall be assessed and required to pay, annually, before obtaining a license, double the rates or tax assessed agreeably to said act: Provided, That the same shall License not be less not in any case be less than fifty dollars; nor shall such license than fifty dollars, authorize sales by them of less than five gallons, except malt and brewed liquors, which may be bottled and delivered in quantities not less than one dozen bottles. &c. Not to apply to importers, but they must be as sessed and licensed. Druggists, &c., excepted. SECTION 4. That the provisions of this act shall not apply to importers selling imported wines, brandy, liquors or ardent spirits in the original bale, cask, package or vessel as imported; and said importers shall be returned, classed, assessed and licensed as provided by an act to provide revenue to meet the demands on the treasury, and for other purposes, passed the fourth day of May, Anno Domini, one thousand eight hundred and forty-one, upon the payment of double the additional rate. or tax in the tenth section of said act mentioned. SECTION 5. That the provisions of this act shall not extend to druggists and apothecaries who shall sell unmixed alcohol, or compound or sell any admixtures of wine, alcohol, spirituous or brewed liquors in the preparation of medicines, or upon the written prescription of a regular practising physician: Provided, That no druggist or apothecary shall sell or keep for sale under any name or pretence any preparation or admixtures as aforesaid, that may be used as a beverage; and any violation. of this section shall be punished in the manner prescribed in the twenty-eighth section of this act. SECTION 6. That licenses to venders of vinous, spirituous, Licenses to sell malt or brewed liquors, as aforesaid, either with or without less than one gallon may be granother goods, wares and merchandize, in quantities not less than ted. one gallon to keepers of hotels, inns and taverns selling in quantities less than a gallon, and to keepers of eating houses for the sale of malt and brewed liquors and domestic wines, shall only be granted to citizens of the United States, of tem- To citizens only. perate habits and good moral character, and not until the requirements as hereinafter provided shall have been complied with. The SECTION 7. That licenses for sales of liquors as herein pro- Who may grant vided, shall be granted by the court of quarter sessions of the licenses. proper county, except Philadelphia and Allegheny, at the first or second session in each year, and shall be for one year. said courts shall fix, by rule or standing order, a time at which When licenses application for said licenses shall be heard, at which time all may be granted. persons applying or making objections to applications for li censes may be heard by evidence, petition, remonstrance or Counsel: Provided, That for the present year licenses as afore- Proviso. said may be granted at the third or any earlier session of said courts. Proceedings to ob ing notice. Notice, how given SECTION 8. That every person intending to apply for a license in any city or county of this commonwealth, from and after tain license. the passage of this act, shall file with the clerk of the court of quarter sessions of the proper county, his, her or their petition, at least three weeks before presenting the same in court or to the board of licensers as the case may be, and shall at the same time pay said clerk twenty-five cents for publishing notice thereof, and said clerk shall cause to be published three times Fee for publishin two of the newspapers of the proper city or county, a list containing the names of all such applicants, their respective residences and kinds of license. If not more than one newspaper be published in any city or county, then said publication in it shall be sufficient, but if no newspaper be printed in any eity or county, then the publication shall be by printed handbills, in such manner as the court may prescribe, and whether by handbills or advertisement, the first publication shall be at least ten secular days before the time fixed by the courts as aforesaid; and in the case of hotels, inns, or taverns and eating houses, the petition shall embrace a certificate, signed by at least twelve reputable citizens of the ward, borough or town- Petition to be ship in which such hotel, inn or tavern is proposed to be kept, signed by citizens or if there be less than fifty taxables in any borough or township, by six such citizens, setting forth that the same is necessary to accommodate the public and entertain strangers or travelers, and that such person is of good repute for honesty and temperance, and is well provided with house room, as hereinafter prescribed, and conveniences for the accommodation of strangers and travelers: Provided, That where there shall not be sufficient time between the passage of this act and the next session of the said court thereafter, in any county, to file petition and make publication as aforesaid, the said court shall order a special or adjourned session at an early day, at which licenses may be granted. Proviso. Accommodations SECTION 9. That no person shall be licensed to keep a hotel, ian or tavern in any city or county town as aforesaid, which required. shall not have for the exclusive use of travelers, at least four Bonds to be given Condition. bed-rooms and eight beds, nor in any other part of the State at least two bed-rooms and four beds for such use. SECTION 10. That before any license for the sale of liquors under the provisions of this act shall be granted, such person applying for the same shall give a bond to the commonwealth of Pennsylvania, with two sufficient sureties, in the sum of one thousand dollars where the license shall be above the seventh class, and in five hundred dollars for all in and below that class, conditioned for the faithful observance of all the laws of this commonwealth relating to the busines of the principal obligor, and a warrant of attorney to confess judgment, which bond and warrant To be approved. shall be approved by the said court, and be filed in the office of the clerk of the quarter sessions of the proper county; and whenever a judgment for any forfeiture or fine shall have been reWhen judgment covered, or conviction had for any violation of the provisions may be entered. of this act, or of any other law for the observance of which said bond shall be conditioned, it shall be the duty of the district attorney of the proper county to enter up judgment and institute suit thereon, and thereupon the same proceedings shall be had, and with the like effect and with the same costs as now provided by law in the case of forfeited bonds and recognizances Bonds by keepers in the several counties of this commonwealth. The bond to of eating houses. be given by the keepers of eating houses as aforesaid shall, in all cases, be in the sum of five hundred dollars. Fee must be paid before issuing of license. Venders to be elassified. Price of licenses. Hotels, &c., to be elassified. SECTION 11. That it shall not be lawful for the clerk of said court to issue any license as aforesaid, until the applicant shall have filed the certificate of the city or county treasurer, that the license fee has been paid. SECTION 12. That the venders of vinous, malt or distilled liquors, either with or without other goods, wares or commodities, except as hereinafter provided, shall be classified and rated as prescribed in an act to provide revenue to meet the demands on the treasury, and for other purposes, passed the fourth day of May, Anno Domini one thousand eight hundred and forty-one, and shall pay double the additional rate or tax in the tenth section of said act specified; but no such license for sales, in any amount, shall be granted for a less sum than fifty dollars. SECTION 13. That all hotels, inns and taverns, shall be classi fied and rated according to the estimated yearly rental of the house and property intended to be occupied for said purpose, as follows, to wit: All cases where the valuation of the yearly rental of the said house and property shall be ten thousand dollars or more, shall constitute the first class, and pay one Rate of licenses. thousand dollars; where the valuation of the yearly rental shall be eight thousand dollars and not more than ten thousand dollars, the second class, and shall pay eight hundred dollars; where the valuation of the rental shall be six thousand dollars and not more than eight thousand dollars, the third class, and shall pay six hundred dollars; where the valuation of rental shall be four thousand dollars and not more than six thousand dollars, the fourth class, and shall pay four hundred dollars; where the valuation of rental shall be two thousand dollars and not more than four thousand dollars, the fifth class, and shall pay three hundred dollars; where the valuation of rental shall be one thousand dollars and not more than two thousand dollars, the sixth class, and shall pay one hundred and fifty dollars; where the valuation shall be five hundred dollars and not more than one thousand dollars, the seventh class, and shall pay one |