The Massachusetts spy. [volume] (Worcester [Mass.]) 1831-1858, 1832-04-11
An ACT for the due regulation of Licens-
ed Houses

ed Houses.
Sec. /. BE Il enacted, &c. That no person
snail presume to be an lnnholder, seller OF WINE
brandy, rum or any other spirituous liquors to be
USED, and consumed in or about his or her premls-
es, except such person be first duly Licensed: &C.
eoroing TO law, as is herein provided, on pain Of
iorieiting the sum Of one hundred dollars and II
any person shall at any time sell.any spirituous
OF any mixed liquors, part Of which Is sPir-
taous, 10 De used or drank in or about bis or her
premises, without license therefor duly had or OBJ
tanned according to law, he or she shall forfeit
anu pay Tor each offence, a sum not exceeding
twenty dollars nor less than ten dollars.
Bee 2. BE IL further enacted, That no person
shali presume to be retailer, seller of wine.
brandy, rum, gin wbiskey, or other distilled spr-
u.s. IN less quantity than ten gallons and that de-
iivered and carried away al at one time, except
such person he first duly licensed according to law
as is herein provided pain of foreiting the sum
OF twenty dollars for each offence and no person
licensed to be retailer aforesaid shall presume
TO sell any Of the above liquors, either mixed OF
unmixed, ia be drank in his or her house or shop
or In any of the parts dependencies of the same
under pain OF foreting therefor the sum of twenty
dollars.
Sec 3. Be II further enacted. That no person
shaii presume to be common victualer, or seller
of wine, brandy, rum, or any other spirituous H.
quors, to be used and sumed in or about his or
her premises, except such person be first duly IL
censed according to law, as is herein provided on
pam OF FORGETTING the of one hundred dollars
and II any person shall at any time sell any spirtu,
Gus liquors, TO be used drank in or about his or
her premises, without license therefor duly had
and obtained according to law he or she shall for
lett and pay, for each offence, sum not exceeding
twenty dollars, nor loss than ten dollars
Sec, 4. BE ii. fufker enacted, That the Mayor
and Aldermen of the City of Boston, nav license
Ior sara cry as many applicants therein as common
Victnaiiers, as they shall decide the public good
may require, and to remove all doubt of the nature
ni the occupation of the common vctualler pro-
vded to be licensed in this act it is hereby proyd
ed that all the liabilities, privileges and require
ments OF this act, which apply to nnholders. shall
Apply 10 common vlctuallers, excepting that they
shall not be required to furnish lodging for travel
lers, hay and provender for horses and cattle.
Sec. 5. BE ii further enacted, That il any per.
son licensed as common victualler, as described
IN the preceding section of this act, shall keep
open his or her house. cellar shop store or place
business, on any part of the Lords day or even
ing, or keep open the same at later hour than ten
oil the clock of the evening of an, working d.v
anu entertain any person therein by selling him or
her any splrituoHs strong LIQUOR on the Lords
gay or evening, or on any working day at a later
hour than ten OF the clock in the evening thereof
ne or she SO offending shall forfeit and pay for .ch
o"ence, on conviction thereof the sum Of ten dol
lars.
Sec. b. BE Hfurther enacted, That the Mayor
and Aldermen of the City of Boston. NAV license
Tor said city OF Boston; and the County Commits.
sioners in the several counties in this Commonn
wealth, may license for the towns and districts in
tneir respective counties, many applicants there
IN as innholders or retailers as thew shall decide
the public good may require and in all licenses 10
De granted either TO innholders, common yictual-
ers OF retailers within the city of Boston or in the
towns or districts in this Commonwealth the
street. lane, alley or other place. and the number
OF the building, or some other particular descrip-
lion thereof within said citu
Shall be specified, where such licensed person
shaii carry on and exercise his or her respective
employment, and said license shall not protect
such person from the liabilities provided in this
act Tor carrying on, and exercising his or her en-
Payment IN any other place than in that specified
in said license.
Sec. T.. BE 1t further enacted, That all licenses
to innhoiders, retailers and common yctuallers.
shall be yearly granted or renewed and the time
Tor which all such licenses shall be granted or re-
newed snail expire on the first day of April in each
year. but it shall be in the power of the Mayor and
Aldermen of the city of Boston, and the County
Commissioners in their several counties to grant
or renew licenses at any time after the said first
day OF April for the remainder of the year, when
ever they shall deem the same expedient Ana
each person who shall be licensed as aforesaid.
shall pay 10 the clerk of the city of Boston, or to
the clerk Of the County Commissioners of their
respective counties, the sum of one dollar, which
shall be paid by said clerks to the treasurers of
their respective counties, for the use and benefit
Of said counties.
Sec. 8. Be IL further enacted, That the Mayor
and Aldermen Of the city of Boston, may license
for the city of Boston, and the County Commits
soners in the several counties may license for the
towns and districts in their respective counties in
the manner before provided, as many persons
therein as they shall decide the public good shall
require as innholders, common victuallers Or re-
tailers or sellers Of wine, beer, ae cider, or any
n thpP faFTn tod and E. III
be required therefor.
Sec. 3. BE it further enacted That the clerk Of
the County Commissioners in the several coun-
ties shall from time to time annually before
granting the said licenses seasonably transmit to
The selectmen Of every town district within the
county, list OF the names of the persons in such
town or district, who were licensed as nnholders
or retailers, common victuallers the year before
And no license shall be granted or renewed to any
person unless he or she shall produce certificate
| from the selectmen of the town or district where
such license is intended to be exercised, or from
a majority OF them in form following, TO wit We,
the subscribers, majority of the selectmen of the
town Tor district) of DO hereby certify
that has applied to us 10 be recon-
mended as there expressing tho employment, and a
particular description OF the place for which the
license is soughtl in the town Tor districtl of
and that, after mature consideration, We arc OF
opinion, that the public convenience requires that
the petition OF said be granted, he oil
she being, to the best of our knowledge and belief
person Of good moral character
I tSignedl A b
CDS Seleetmen Of
Ely
Provided, hotoeper, that any person aggreyod
by the neglect or refusal of the Selectmen of any
town or district within any county within this Com
monwealth to return the certificate, as has beer
herein prescribed, in order that his or her license
as an innhoder retailer or common victualier may
oe renewed, or by their refusing to give their ap
probation, that such person may be originally IL
censed to be an innholder, retailer or common vic
tualler, within such town OF district il shall and
may be lawful for the County Commissioners with.
in said county on application of such aggreved
person to renew or originally grant the license
prayed for, any law, custom usage to the con-
| Jal al, hat