Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1856-04-16

ties, which apportionment shall be made with
reference to the convenience of the public and
the accommodation of strangers. travellers.
sojourners; and the said court may, from
time to time, as occasion may arise, alter, en-
large, and change such apportionment, Pro
vided, That the number of licenses TO keep
of eating houses shall not exceed in any
city or county one-fourth of the nrmber OF
licenses for hotels, inns and tayerns, to which
the said city or couRty may be entitled.
SEC. 28. That any sale made of vinous,
spiritnons. malt, or brewed liquors. or any ad-
mixtures thereof, contrary to the provisions of
this law, shall be taken TO be a misdemeanor,
and upon conviction of the offence in the court
of quarter sessions Of the peace of any city or
county, the person so offending shall be sem
fenced to pay fine of not less than ten, nor
more than one hundred dollars, with the cost
of prosecution, and to stand committed until
the sentence Of the court is complied with,
not exceeding thirty days; and upon second
or subsequent conviction. the party so often
ding, SHALL in addition to the payment of
| fine, as aforesaid, undergo an Imprisonment
| in the county Jail of not less than one month,
| nor more than three months and if licensed,
shall forfeit said license, and be incapacitated
from receiving any license, as aforesaid, for
y
keeper of any drug apothecary store, con-
dictionary, or mineral, or other fountain, who
shall sell any spirituous, vinous, malt or brew
ed liquors, mixed or pure, to be used bev-
erage, shall be deemed guilty of afnisdenean-
or, and liable to conviction and punishment
as aforesaid.
SEC. 29. That any person who shall be
found intoxicated IN any street, highway,
public house, or public place, shall be fined
upon the view of, or upon proof made before
any mayor, alderman, or justice of the peace,
not exceeding five dollars, to be levied with
the proper costs upon thegoods and chattels
of the defendant.
Sec. 30. That any person who shall sell
spirituous or other intoxicating liquors as
aforesaid, to any person who shall drink the
same on the premises where sold, and become
thereby intoxicated, shall, besides his liability
in damages under any existing law, be fined
five dollars for every such offence, to be recov-
cred in debt before any alderman or justice of
the peace, by any wife, husband, parent, child, |
relative or guardian of the person so injured, !
and levied upon the goods and chattels of the |
defendant without exemption Provided, |
That suits shall not be instituted after twenty |
days from the commission of the offeuces in |
this and tho s-eeDsti,-s5 ,,esstivr>.
SEc. 81. That it shall be the duty of the |
court, mayor, alderman or justice of the |
peace, before whom any fine or penalty shall |
be recovered, to award to the informer or pros
ecutor, or both, reasonable share thereof for /
time and trouble, but not In any case exceed !
ing one-third and the residue as well as the |
proceeds of all forfeited bonds aforesaid, |
shall be paid to the directors of the public |
schools of the proper district, except in the city
of Philadelphia, where they shall be paid to the
city treasurer to be applied for school purpo
ses and nothing herein contained shall pre-
vent any such informer or prosecutor from be-
coming a witness in any such case.
Sec. 81. That no person, pursuing eXclu-
sively the business of bother of cider, perry,
ale. porter or beer, and not at the same time
following or engaging n any way in the bust
ness of keeping any hotel, inn or tavern,
oyster house or cellar, or place of
amusement or refreshment,
shall be required to take license under the
provisions of this law: ProUided, That such
persons shall not sell or deliver said cider,
perry, ale, porter or beer, in less quantities
than dozen bottles at one time, nor permit
any of said liquors 10 be drank upon the prem
ses occupied in said business and any viola
ton of this section shall be punished as and in
5he manner provided in the tweuty-eighth sec
ion of this act: And proUided further, That
and manufacturers of domestic wines
and cider may sell and deliver the same by
my measure not less than five gallons, and in
my quantity not less than one dozen bottles,
without license therefor
SEC. 49, That the constables of the respec
i've wards and townships shall make return of
etailers of liquor, as now provided by law
md in addition thereto it shall be the duty OF
very such constable, at each term OF the
court of quarter sessions, of the respective
ounties, to make return on oath or affirmation, :
whether within his knowledge there is any
,lace within his bailiwick kept and maintain ,,
d in violation of this act, and it shall be the
special duty of the judges of all said courts ::
o see that this return is faithfully made and
any person shall make known IN writing,
With his or her name subscribed thereto, to such
constable, the name or names at any one who
hall have violated this act, with the names OF
witnesses who can prove the fact, 1t shall be ,
lis duty to make return thereof on oath or
ffirmotion to the court, and upon his wilful J
allure to do so, he shall be deemed guilty of !
misdemeanor and upon Indictment and con- .
ict:on shall pay fine OF fifty dollars, and |
e subject to Imprisonment at the discretion
f the court. of not less than ten nor more
han thirty days.
Sec 34 That if any person engaged in the i
ale or manufacture of Intoxicating liquors as c
foresaid, shall employ or permit any imtem G
crate person in any way to assist IN such
manufacture or sale it shall be deemed mis-.
emeanor, and any person so offending shall {
e liable to conviction and punishment, as |
rovided In the twenty-eighth section of this f
ct. Y
Sec. So. That nothing herein contained
hall ha construad tn imnair or alter the nro-