The Yazoo Whig and political register. (Yazoo City, Miss.) 1840-1842, 1842-04-08

VI u LQOuSdQU
or more inhabitants, tOretail vnous and spi-
rituOus liquors in any quantity, and shall be
authorized to charge and receive, for such
| license, for period Of twelve months, any
sum not exceeding one thousand dollars, nor
less than fifty dollars: and all sums of money
accruing under this section for licenses, and
for fines and forfeitures, for a violation of
the provisions of this act, not committed
within an incorporated city or town having
population of two thousand or more inha-
bitants, shall be paid into the treasury of
the county, one half 10 the use of the State,
and the other half to the use of the county.
Sec. 4. BE it further enacted, That no
license shall be granted for a shorter period
of time than twelve months, and such IL
cense shall be personal privilege, and shall
not be transferable from one to another: and
if any person shall sell vinous or spirituous
liquors in less quantity than one gallon,
without license from the board of police of
the county, or the corporate authorities Of
the city or town, as the case may be, in
which such vnous or sprituous liquors shall
be sold, he, she, or they shall be subject to
indictment or presentment therefor, and up
on conviction thereof, shall forfeit and pay
the sum Of five hundred dollars, and shall
be imprisoned in the common Jail of the
county for thirty DAYS.
Sec. 5. Be 1t further enacted, That if
any person, either with or without license to
! retail, shall sell any vinous or spirituOus IL
quOrs to any slave without permission of his
or her master, mistress, owner or OVerseer,
he, she, or they so offending. shall be subject
to Indictment or presentment, and upon con-
viction thereof, shall pay fine of FIVE hun
dred dollars, and shall be imprisoned in the
common Jail of the county for period Of
not less than thirty, nor more than ninety
days: and upon the trial of any indictment
under this section, if it be proven the per-
son tUwhom the liquor was sold was negro
or mulattO, that fact shall be received as
prima facie evidence of his or her being a
slave.
Sec. 6. Be 1t further enacted, That be-
fore any person shall be licensed TO retail
vinous or spirituOus liquors, he or she shall
produce before the board of police of the
county, as the case may be, the written re-
commentator of five freeholders of his or
her neighborhood, setting forth that he or
she is of good reputation, and a suitable
person TO receive such license, and no such
license shall be delivered to any person un-
til he or she shall have produced the receipt
Of the treasurer of the county, city or town,
as the case may be, for the amount of the
/ tax assessed for such license, and shall have
executed bond, in the penal sum of one
! thousand dollars, with one or moro good and
sufficient sureties, payable to the president
of the board of police, and his successor:
in office, or at the principal magistrate o
the town or city, by whatever designated
and his successor in Office, as the case ma!
be, conditioned, that he will keep an order
ilv and we'll conducted house, and will no
permit any riotOus or disorderly conduct, o
any gaming in or about the same, and vii
not sell, or permit to be sold, to any slave
any vinous or spirituous liquors during tn
continuance of his or her license.
Sec. 7. Be it further enacted, That tn
bond required to be given by the precedin
section, shall be filed in the Office of tn
clerk of the board of police, or the town G
city clerk, as the case may be, and for an
i breach thereof, may be put in suit at the in
4 stance Of any one, and the whole penalty
# recovered, one half to the use of the county
" or city, or town, and the other half to tn
4 use of the person putting the same in sui
a and certified copy thereof may be used
!; any suit thereon, and it shall not be nece
q sary to make proof of the original bond.
% Sec. 8. Be Il further enacted, That 4
q indictment for violation of the provision
n of this act shall be quashed Tor want of for
N 1t shall not be necessary TO make avermeI
le therein of the particular kind or descriptc
IS of vinous or spirituous liquor sold, nor tn
N the same was sold to any particular perso
or persons, nor to the slave or slaves of al
9. particular person or persons, and it shall n
Is be necessary to endorse on any indictme
Il for an infraclion of the provisions Of this a
~ the name Of prosecutor.
Sec. 9. Be it further enacted, That Il
,e Judges of the several courts in this Stat
in in which indictments for violation of d
,e act to which this is an amendment are pc
- J;nr and hava not DFoceeded IN final la