The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1829-04-29

! ed during the term, and deducting therefrom
the amount sold and exported from the Com
monwealth, also the amount sold as aforesaid to
retailers, and the amount on hand at the end of
| the same and to exhibit such account by them
subscribed annually to the Court of at
the regular term appointed for granting such
! licenses which said account shall be accom-
panied with the oath of such retailer, taken
either before said Court, or some Justice of the
Peace within the County where such license
has been granted, and who shall make certif-
cate, on said account, of the oath, and that such
retailer has taken the same before him: which
oath shall be in the words following, viz {" /.
A. B. do solemnly swear Tor affirm, as the case
may beg that the foregoing account by me sub
! scrlbed is true and just account of all the
wines and ardent spirits which | have sold by
retail during the continuance of my license the
last year" And said Court shall ascertain the
amount of duties due by virtue of this act, from
such retailer, and shall require him to pay the
same to the Clerk of said Court, who is hereby
authorized and required to pay the County
Treasurer of the same County. And no fur
Their license shall be granted to such person by
said Court, unless he shall have first paid the
duties as aforesaid, which, by the terms of this
act, may be due at the expiration of his license,
and shall have produced satisfactory evidence
to said Court, that the same has been thus paid.
| Sec. 3. Be 1t further enacted, That it shall
be the duty of said Court, upon the application
of any person for license to retail as aforesaid,
before granting the same, to require such ap-
plicant to give bond with two sufficien: sure
ties to the Treasurer of the County where his
license is to be granted, conditioned for the
payment of the duties herein before required
to be paid, and also that he will render a true
and just account of the sale of all wine and ar
dent spirits he shall buy and sell, agreeably to
the acquisitions of the second section of this
Act.
SEC. a. Be 1t further enacted, That if any
person or persons either in buying or selling
any wines or ardent spirits, shall be guilty of
any fraud, or deceit in the execution of this
Act, or in evading or defeating the operation
OF the same, every such person, conviction
| thereof, shall, for every such offence, forfeit
and pay sum not less than twenty-five, nor
more than one hundred dollars, at the discretion
of the Court which shall try the same, to be
recovered in an action of the case, in any Court
of proper jurisdiction, the one half thereof to
the use of the person who shall first sue there
for, and the other half to the use of the County
in which the offence shall have been commit
ted. And every person who shall subscribe and
swear wilfully and falsely to any account by
him rendered or delivered, to said Court, ac-
cording to the direction of this Act, shall incur
such pains and penalties, as are by law prescrib-
ed for wilful perjury.
SEC. 5. Be 1t further enacted, That it shall
be the duty of the several Clerks of said Courts,
to prepare and furnish, at the expense of the
Commonwealth, blank forms for bonds and re-
turns to be given and made as aforesaid, and
| transmit a suitable number to the Town Clerks
of the several towns in said County for the use
of the retailers within the same.
Sec. 6. Be it further enacted, That it shall
be the duty of the several County Treasurers,
within the Commonwealth, annually to account
with, and pay over to, the Treasurer of said
Commonwealth, for the use of the same, all
monies arising from the duties which shall be
paid him by virtue of this act.
Sec. 7, Be 1t further enacted, That the Pc
nal sum in the bonds required to be given by
retailers in this Act, shall in no case be less
than quadruple the probable amount which shall
be due from said retailer, at the expiration of
his license and if duly executed, witnessed,
and approved, by majority of the selectmen of
the town where such license is to be granted,
and such approval certified by said selectmen
on the back thereof such bond shall be taken
and deemed by said Court to be a good and suf-
ficient one, unless, from other circumstances
and evidence, they should be satisfied that the
same is insufficient, in which case they shall re-
quire another one to be given.