The Massachusetts spy. [volume] (Worcester [Mass.]) 1831-1858, 1832-04-11

license: and the said Court shall ia such case or
der the sheriff Of the same county or his deputy to
cause the sign Of such convicted person to be tax.
en- down whose duty it shall BIO to perform the
same without DELAY.
Sec. IL. Be ii further enacted. That inn
holder, and no common vctualler, shall have or
keep in or about his or her house, shop, cellar or
store, yards, gardens or dependencies, any dice,
cards, bowls, billiards, quos, or any other imple-
ments used in gaming; nor shall suffer any person
persons resortug unto his or her house or other
place OF business to use or exercise any OF the said
games, any other unlawful game or sport within
his or her house place of business, any of the
dependencies as aforesaid, or places TO them be-
longing on pain of FORGETTING the sum of ten dol
lars for every such offence. And every person
convicted of using and exercising any of the games
aforesaid in any such house, place of business,
dependencies thereof, shall forfeit the SUN Of
ten dollars.
Sec. r.. Be IL further enacted, That no inn
holder. and no common victuaeT, shall suffer any
person to drink to drunkenness or excess in his
her hoase or place of business, or suffer any minor
travellers excepled) servant to drink there or
to have any strong drink there, after having been
forbidden by their respective parents, guardians or
masters, on pain Of FORGETTING the sum of FIVE dol.
lars for each offence.
Sec. 13 Be it further enacted, That if any inn
holder, or any common victualler shall trust OR
give credit from time to time to any person for Ii
quor to be drank or used in his or her premises,
such innholder common victualler shall lose and
forfeit all such sums trusted and credited and
all actions hereafter brought for such debt or debts
shall be utterly excluded and barred. And the de-
PENDANT in such action may plead the matter spec
tally under the general issue give the matter in
evidence, any law, usage or custom to the contra
ry notwithstanding.
Sec. IA. BE IL further enacted, That whenever
any person shall by idleness by excessive drink
ing ofspirituous liquors. so mlsspend, waste les
sen his or her estate, thereby either to expose
ktao hzrG G., liz
digent circumstances, or the city, town district
to which he o, she belongs, to a charge expense
for the maintenance of him or her, or his or her
family, shall habitually indulge himself or her
self in the of sprituous liquors, as thereby to
greatly inure his or her health, or endanger the
loss thereof the City Clerk under the direction of
the Mayor and Aldermen Of the city of Boston,
and The Selectmen of the towns or districts as
aforesaid, shall in writing under their hands, forbid
all licensed nnholiers, retailers and common VIC
tuallers to sell to any of the persons aforesaid any
spirituous strong liquors in this Act mentioned
or referred to- for the space Of year, and shall
in like manner forbid the licensed persons, as
aforesaid, Of the city o. Boston, Of any other
ton district to which such person may resort
for the same and said Mayor and Aldermen and
said Selectmen, shall in the same manner from
year to year, renew the prohibition as to all such
persons have not in their opinion reformed with
in the ~: and if anv licensed innholder, COM
mon victuaer retailer, shall during any such
prohibition, sell to any such prohibited person, any
spirituous liquor in this act mentioned or referred
to, he she shall forfeit and pay for each offence,
the sum of twenty dollars, and whenever the au-
thorities aforesaid, agreeaby to the provisions of
this act have prohibited the sale of any strong
liquer to any misspender oftme estate as afore-
SAID, if any person shall, with knowledge of said
prohibition, give, sell, purchase or procure for,
and IN behalf Of such prohibited person, or for his
or her use, any sprituous strong liquors afore.
said, he shall forfeit and pay the sum of twenty
dollars for each offence.
Sec. Is. Be ii further enacted That al fines,
forfeitures and penalties created by this Act may
be sued for and recovered in an action h debt, or
of the case, in any court of competepe Jurisdiction
10 try the same, by any person who Will prosecute
therefor in which case the penalty, hne or forfeit
ure shall enure, niofesy thereof to the county
where the offence was committed, and the other
moietv TO the person prosecuting for the same or
the same may be prosecuted for and recovered by
indictment in any court of competent jurisdiction
in which the whole of the fines forfetures and
penalties shall enure to the county !here the Of
fence was committed and in all cases arising un-
der this Act in the city Of Boston, Excepting where
the fine, forfeiture or penalty exceeds twenty dol
lars,) the Police Court shall be held to be a court
Of competent jurisdiction; and the prosecutions in
said court shall be by complaint or information,
subject to the right of appeal to the Municipal
Court; but the Police Court shall not have power
under this Act to sentence TO Imprisonment. Pro-
rtded, That in all cases where person shall be
convicted of breach of this Act and is unable to
pay the penalty fine forfeiture, or fails to do it.,
he may be imprisoned In the Jail of the county
where the offence was committed, for a term Of
time not more than ninety days, at the discretion
of the court before whom trial has been had Pro-
rided further, That any licensed person described
in this Act being twice convicted Of any breach Of
it, shall thereupon, in addition to the penalties
herein before provided, be liable to further pun
ishment of not more than ninety days imprison-
ment, in the Jail of the county within which the
offence was committed, at the discretion of the
court before whom trial may be had.
Sec. To- BE IL further enacted That the Act
for the due regulation Of licensed houses, passed
on the twenty -eighth day of February, one thou
sand seven hundred and eighty seven and the sew
eral acts in addition thereto and all former laws
the same .bject, be and the same are hereby
repealed. Provided however, That nothing herein
contained shall effect any suit, Indictment, or 9th
er legal proceeding now commenced or pending
or that shall be hereafter commenced for any breach
Of the laws which are by this section repealed, nor
the rights of any person now licensed, for the
mainder of the term for which they are licensed.
Approved by the Governor March "a, 1882.
An ACT, in addition to G an Act to pre-
vent fraud IN the attachment Of Real or
Personal estate"
Be it enacted &C., That the benefits Of the Act
to which this is in addition, be, and the same here
by are extended, to all persons, who are, or may
be interested in any estate, whether real or per-
sonal, which is or may be attached on Mesne pro-
cess, whether such persons be interested a. WY
chasers, mortgages, subsequent attaching credit
ors or otherwise. Provided, such persons shall ap
pear and make themselves parties to any suit
whereon said supposed fraudulent attachment may
have been made, at any time before final judgment
in said suit and provided also such person, or per-
sons shall in all other respects, comply with the
provisions of the said Act to which this is in ad-
dtion, Approved BY the Governor, March %, 1882.
An ACT, in addition to San Act to pro-
vide for the Inspection of Hops for Ex-
portation."
Sec. ]. Be il enacted by the Senate and House
of Representatives. IN General Court assembled
and by the authority Of the same, That the In.
spector of Hops for this Commonwealth shall ap.
point and keep in Commission, one or more Dep
uiy Inspectors in sucn parts of the Commonwealth
as will best accommodate the growers and con-
sumers of Hops who shall be removable by him at
pleasure, for whose conduct Ire shall be answera.
BILE and from whom he may require sufficient bonds
for the faithful discharge Of their duty.
Sec 2. BE Il further enacted, That the In
spector shall be appointed by the Governer and
Council once in five years, and may be removed
by them at pleasure, any thing in the third Sec-
tion of the Act to which this 10 in addition to the
contrary notwithstanding.
Approved by the Governor, March Is, 1882
-D
ISJuRIous ErFEcTs oE SPIRITS UNDER Celp
AND FATIGUE. In commenting on this subject,
DR.. Choyne Of Dublin, has related the details
of nm exneriment made NV two ora = - ~, an 49,,