Smyrna times., 1857-04-01

'u"i! u"! haVeruA power and authority thereby
f. sell intoxicating liquors in any quantity, 81
Ject however TO the provisions hereafter me
y tioheu' such license shall continue in force
one year only from the day on Which it is issue
O1 provided that if u house is duly licensed a mi Il
5a tenant be changed during the wear, il shall
lawful Tor the new tenant to keep such hou
q under such license, until the end of the ne
!; term OF said court, in the county. The fee
the clerk ofihe Peace for issuing such icen,
snail be one dollar, to be paid by the applcal
therefor.
SEC Z. No person shall keep an ale house {
VictualIng house without license from the Go,
ernor, to be granted upon the recommendation
OF Twelve or more free white reputable citizen
residing in the neighborhood in which suc
mousse is intended to be kept, setting forth tina
he is a tit person and we'll qualified to kee
such house, and has suitable accommodations 70
) the purpose. The fee for such license shall b.
ten dollars for the use of the Safe, and one dol
lar to The Clerk of the Peace, for the issueIn,
thereof. Such license shall continue in fore,
Tor one year only from the day on which il wal
issued; provided that if such house be dul,
licensed, and the tenant be changed during the
year, 1t shall be lawful for the new tenant tc
Keep such house under said license, until the
expiration OF the year for which it was gran.
teu' mo license to keep an aIe-house or victu-
ahng-house shall authorize the sale of anv in.
toNlcauhg liquors, except ale or other malt Ii.
Puors' and the person procuring a license to
AeeP an ale-house or Vlctualing-house under the
provisions OF this section shall have full power
and authority thereby to sell ale and other mali
liquors, subject, however, to the provisions here
after mentioned.
SEC. 8. No person having license 10 keep
a tavern, ale-house or vict1alnp.bous undnr
the provisions of the foregoing section. sbal
nave authority thereby to sell intoxicating H.
quors to any person when drunk, or knowingly
10 sell intoxicating liquors to any minor, or to
any slave. And any such keeper of tavern.
ale-houSe or vctaaling-house, violating either
OF Tue proVls IONS of this section, shall upon CON-
'IStion thereot as hereafter provided, forfeit and
pay Tor the first offence fine of five dollars be-
sues costs, and IN default of pIyment thereof
shall be imprisoned not less than one nor more
than len days, and for the second offruce shall
iorieit ana paya line Df ten dollars besides cos $
and IN default OF payment thereof SHALL be i'm.
Prisoned not less than three nor nIIrr tt,,
twenty days, and for the third o.I.nca sh,l fir.
let and pay fine OF ten dollars besides costs
ana IN default Of plymtnt thereof shall be nm
prlSoned not less than five nor more ia an In RI,
days; and such third conviction sh Ii iDs0 C,.i1
WORK forfeiture OF mis- license, and the o!f,nlrr
snail not be relcensed for the ter IL of on, wear
from the time of such third conviction.
SEC y. II any tavern keeper or the keeper
d an ale-house, shall suffer any person to CON
'nue drinking and tipping in his house al un-
seas 1naoie nourS OF the night, or s!lpll lasulfeI
'uy dlS'rderIy person to remlIn In his sk ase.
u stlail knowingly suffer any game upon M
my thing of value is betted or hazlrtIed t,S4ho
hDuSn I "a
Keeper OF any ale-hOuse or vic.uallnr b,use
hall sell any intoxic ,ting liquors except ale or
,thef malt liquors, he shall upon conviction
nereot as hereafter provided, forfeit and nav
or the hrst offence fine Of five doIiare besides
osts and In default of plymr It thereof Shall
e imprisoned not less shan one nor more than
en- Gays, and for the second offence shall fnr
ell and pay fine of ten dollars besides costs
hu IN deiault OF payment thereof Shall be mn
FlSohed not less thun one UOr more than ten
ays, and TOR the second offence shall forfeit and
ay me OF ten dollars besides costs, and in
eiauIt OF payment thereof shall be imprisoned
VI less than three nor more than twenty uays 1
nd ior aethlrd offence shall torlei, and nav :
ne OF ten dollars besides costs, ami in defIuIt !
payment thereof, shall be imprisoned not less +
nan hVe nor more than thirty days, and sucb I
lird conviction shall also ipso .facto work i
'rielture OF his license, and lie sha n not be re-
censed Tor the term of one year from the tim, /
such conviction.
SEC. IO Nothing in this act contained shall
deemed and taken to forbid or prevent anv
erson from dlslllling or manufacturing into in
'xlcatIng liquor any frnit Or grain, the pro-
lcts OF his own soil, or of which he NAV he
'ssessed, or fruit which he may purchase, and
oHl selling the same by any measure not less =
n until
ed, however, that it any person dislllLn0 mr.
intoxicating liquors from fru,t
gram the products of his own sod, or of which
may be possessed, shall sell any Intoxicating
luor by any measure less than quart. such
'rson shall upon conviction thereof as hercat.
r provided, forfeit aud pay for the first offence
nne OF hve dollare besides costs; and in de- {,
ult ofpayment thereof shall be imprisoned <
u less tAan one nor more than ten days. and ii
second or any subsequent offence shall for h
II ana pay fine of ten dollars besides costs.
ldIin detault OF payment thereof shal be i'm. 7
isored not less than five nor more than thirty
.ys. ~'''
SEC. III. 1t any person shall keep tavern. b
e house or Vlctuallng-house. without a valid
;ense as required by this act, or if any person
her than the dlstIIler or manufacturer of in n
Xlcatlng liquors from fruit or grain, the pro- cI
cts of his own soil or ofwhich he may be pos. F
ssed, as mentioned in the preceding sec: ion
this act, shall, without having valid license
erefor, as prescribed by this act, sell any in
xicatIng liquors by measure Of quart or ho
WARDS or IT any person not being a licensed h.
keeper of an ae-honse or yictuaI. a.
house, with the privilege of selling Intoxl- Of
ting liquors under the provisions % This act. ns
all sell any intoxicating lIqsors by any meal :
re less than quart, such persons shall, upon
nVlctlon therof as hereinafter provided, for
!; e and pay for the first offence iine Of ten II
liars besides costs, and in default Of payment L
ereof shall be imprisoned not less than three L
II more than twenty days; and for second W
any subsequent offence shall forfeit aad pay -"
lne OF twenty dollars besides costs, and in nj
fault OF payment thereof shall be Imprisoned
I less than ten nor more than forty days. =.
oLc. II: Every prosecution for violation of y
e provisions ofthis actherenbefore contained. n
all, (if the offender reside in the C,tv ,f WI