Smyrna times., 1857-03-18

"i0' I"S SUM Vi lhTty'nPe dollars; and L
any person VINO owns or occupies house anC
f premises, the assessed value OF which is 81,
thousand dollars and over, fifty dollars: for 8
license without such privilege, the sum of five
dollars. Any person procuring such License
$ WIN the privilege to sell Intoxicating liquors
7 snail have tull power and authority thereby tc
sell intoxicating liquors in any quantity, sub
Jetl however to the provisions hereafter men.
'lohtd. such license shall continue IN 1orce toi
one year only from the day on W. ich it is issned
provided That II a house Is duly licensed and the
. tenant be changed during the year, it shall he
: lawful Tor the new tenant to keep such house
: under such license, until the end Of the next
term OF sald court, III the county. The fee to
the clerk OF the Peace for issuing such license
shall be one dollar to be paid by the applicant
therefor.
SEC. I. No person shall keep an ale-house or
VIctuaiing house without license from the Gov.
ernor to be granted upon the recommendation
OF Twelve or more free white reputable citizens
residing IN the neghborhOod in which sucb
house Is intended to be kept, setting forth that
he Is lit person aud well GualIfod to keen
such house, aud has suitable accommodations for
| the purpose. The fee tor such license shall he
Ten dollars tor the use Of The S ate and one dol
lar to the Clerk OF the Peace, for the lssuelnr
lheffot Such license shall continue in force
Tor one year only from the day on which il was
issued; provided that if sCch house be dulv
licensed, and the tcnan. be changed durjfp thc
year, 1t shall DE lawiul for the new tenant n
"ecp such hou under said license, until the
expiration OF the year for hich it was GRAN.
ted NO lIccn-e 10 keep an llc-honse or yic1u-
alla% house shall authorize tie sale of anv in
to2icitIhg liquors, except ale or other malt Ii.
qnors aud the person procuring il license to
III IA : Z llaa-I4
PROVISIONS OF this section, shall have full power
ana authority thereby 10 sell ale and other malt
liquors subject, however, to the provisions here
afler mentioned.
SEC. . No person having a license to keen
tavern, ale-honse or vIctualing- house under
me provisions of the foregoing section, shall |
nave authority thereby to sell intoxicating Ii. |
la"rs 10 any person when drunk, or knowingly |
70 sell intoxicating liquors to any minor, or to
any slave. Aud any such keeper of a tavern. !
aie-h9nSe or yictIalng- g-house, violating either
OF the provisions of this section, shall upoo con- |
vlctIon thereof as hereafter provided forfeit and
pay tor the first offence fine of five dollars bp
sides costs, aud IN default of payment thereof
snail be imprisoned not less than one nor more
than ten days, and for the second offence shall
forfeit ard paya fine Of ten dollars besides COSTS
ana III default OF payment thereof shall be i'm.
twenty days, and for the third offence shaI! for.
ieit and pay fine OF ten dollars besides costs
and III default of payment tnereof shall be i'm
prlsoned not less than five nor more than III rrv
days; and such third conviction shall jDsn G1cio
work forfeiture OF MS license, and the offender
ahaIl not be reIlcensed for the term of one wear
from Tue time OF such third conviction.
SEC. .. If any tavern keeper or the keeDer
OF an aIe-house, shall suffer any person to con-
tinue drinking and uppling in his house at un-
SeasonabIe hours OF the night, or shall suffer
any disorderly person to remain in his house,
OF sAali knowingly suffer any game upon which
any thing Of value is betled or ha2arded TO he
played IN his house or its dependencies, or ifthe
keeper OF any ale-house or ylctualin house
snail sell any intoxicating liquors except ale or
other malt liquors, he shall uJon conviction
thereof as hereafter provided. forfeit and paw ,
tor the first offence fine Of five dolare besides
cCS'S' and III default of payment thereof shall ,
oe Imprisoned not less ;han one nor more than !
Ten days, and Tor the second offence shall for ,
eit ana pay tlne OF ten dollars besides costs,
and IN default OF payment thereof shall be i'm .
pflSohed not less than three nor more than I
twenty days, aud for third offence shall for =
eli and pay fine of ten dollars besides costs, .
md IN default OF payment thereof shall be I'M.
)rsoned not less than FIVE ncr more than thirty ,
lays, and such third conviction shall also ipS3 -
actO work forfeiture of his license, and he :
shall not be re-lcenscd for the term ofrne wear p
rom the time Of such conviction.
SEC. IO. Nothing in this act contained shall I
'e deemed and taken to forbid or prevent anv t
person rom dIstIilng or manufacturing into in- d
oxicatlhg liquor any trua or grain, the pro-
iucts 0l his own soil, or nj which he NAV be a
possessed or ttuIl which ne may purchase, and Il
rom selling the same by any measure not less il
nan quart, without license therefor: PRO. Il
1ded, however, that if any person distlling or fl
manufacturing intoxicating liquors from fruit
r gram the products OF bis own SOIL or OF which Il
e may be posSed, shall sell any intoxicating p
quor by any measure less than a quart, such
Grson SHALL upon conviction thereof as hereac Il
er provided forfeit and pay for the first offence ii
fine of five dollars besides costs; and in de. n,
lult ot payment thereof shall be imprisoned pit
OF less than one nor more than ten davs, and ST
n second any subsequent offence shall for. n,
ut and pay fine of ten collars besides costs. re
nd IN default of payment thereof shall be i'm. III
rlsoned not less than five nor more than thirty pr
lys. IN
Sec IL. lfony person shall keep tavern, nc
e-honse or Yictualng. house, without valid
cense as required by this act, or if any person
her than the dstiler or manufacturer of in
xcatng liquors from fruit or grain, the pro. =,
lcts of his own soil or of which he NAV be pos ~
'ssed, as mentioned in the preceding section ~
this act, shall, without having valid license :"
erefor, as prescribed by this act, sell any in. "
xicati1g liquors by a measure of a quart or
,wards, or fany person not being licensed Ia.
vcrn keeper, keeper ofan ale house or yictn,l al
g house, with the privilege of selling intoxi- md
ting liquors under the provsio.s of<tbis act tb,
all sell any Intoxicating liquors by any mea-
re less than quart, such persons shall. upon q
nvicton thereofas hereinafter provided for. Ia Ia
il and pay for the first offence fine Of ten tnt ;1,
liars besides costs, and in default Of payment w
ereoi shall be imprisoned not less than three l'o
II more than twenty days; and for a second or 4
y subsequent offence shall forfeit and pay a so
re OF twenty dollars besides costs, and in de- Il \
ult of payment thereof sha be imprisoned not Yn