Lewistown gazette. [volume] (Lewistown, Pa.) 1843-1944, 1858-04-29

the proprietor thereof from receiving hotel
license II he shall have and keep the accom-
modation for hotel, required by the act of
march 81, 1906: And procided further, That
the preceding proyiso shall not apply to the
cities of Philadelphia or Pittsburgh.
SEc. 10. That the petition of an applicant
tor eating house or retail brewery license need
not hereafter embrace the certificate of citi-
zens, required by the eighth section of an act
to regulate the sale of Intoxicating liquors,
approved March 3lst A. d. 1856, nor shall
publication of such applications be hereafter
required but such applications shall be filed
with the clerk OF the court of quarter sessions
OF the proper county, except in the county of
Allegheny, and the licenses prayed for granted
by the county treasurer; and the bond now
required in such cases shall be first approved
by the district attorney and county treasurer
and their approval endorsed thereon.
SEC. ii. That any unlawful sale of vinous,
malt or brewed liquors, or any admixtures
thereof, or any sale thereof in an impure,
vitiated or adulterated state shall be deemed
mlsdemeanor, and upon conviction thereof
the offender shall pay fine of not less than
ten nor more than one hundred dollars, with
the costs OF prosecution, and upon second
or any subsequent conviction shall pay fine
of not less than twenty-five nor more than
one hundred dollars, with the costs of prose-
cutlon; and in case of Il second or subsequent
conviction, the court may, in its discretion,
sentence the offender to imprisonment not ex-
ceeding three calendar months and in case
any such offender convicted of a second or
subsequent offence is licensed to sell anv such
liquor, such license shall be deemed forfeited
and void, and no person convicted of a second
or subsequent offence shall be again licensed
for two years thereafter: Pr0rided, That this
section shall not be construed to repeal any
act or part of an act furnishing such unlawful
sale, except the twenty. eighth section Of an
act to regulate the sale of intoxicating liquors,
approved March 3lst 4. d. 1856, which is
hereby repealed.
SEC. IL. That no prosecutor or informer in
any prosecution for the sale of intoxicating
liquors, shall receive any portion of the fine
imposed on the defendant in any case where
such prosecutor or informer is a witness for
the Commonwealth and in every case of the
conviction OF person returned by consta
bic, such constable shall receive two dollars
to be taxed in the costs.
SEC. Ii. That no person who keeps in his
store or ware-room any hogsheads, stand,
casks or liquor pipes, or who keeps grocery
store, shall receive license to vend Intoxicating
liquor by less measure than one quart and
constables are hereby required to make return
of all persoHs engaged in the sale of spiritu
Gus, vinous, malt or brewed liquors in their
respective districts, who shall have in their
places of business any CT the articles afore
said, naming them and the location Of their
respective places of business; and if any such
person shall have n license to vend such IL
quors by less measure than one quart, the
court may, on investigation, revoke the same;
but such persons may on complying with the
laws on the subject, obtain license to sell by
no less measure than one quart
SEC. Is. That the clerk of the court of
quarter sessions shall not charge more than
one dollar fer any license, nor more than one
dollar for any frame and glass he may furnish
Herewith, and these fees shall include all his
compensation for furnishing. preparing and
fling the bond required in any case.
SEC. %. That the fourteenth, twenty sixth
twenty seventh and thirty second sections of
an act to regulate the sale Of intoxicating Ii
quors, approved Nav 3lst, A. ID. 1856, togeth-
er with any acts or parts Of acts conflicting
herewith, or supplied hereby, so far as the
same conflict or are supplied, are hereby re
pealed: PrOrided. That no license hereto
fore granted, shall be in any way invalidated
by the passage of this act and all provisions
Of said act not hereby altered, supplied or re-
pcaled, shall apply as fully to licenses grant
eel under this act as under the act aforesaid;
that the penalty imposed under the twenty
ninth section of said act, shall in no case ex-
ceed two dollars, which shall be paid to the
treasurer of the school district where such
conviction is had, by the magistrate collecting
the same.
SEC. %. That licenses may be granted un-
der this act, at the first term of the proper
court after its passage, or at any special or
adjourned court held within three months
hereafter, and in such cases the court may
dispense with the publication heretofore re-
Quirtd.
SEC. "a. That the tenth section of the act
approved March 3lst, 1856, shall not be held
or construed to authorize judgment to be en-
tered against the obligor in the bond therein
provided, for greater amount than the tine
and costs prescribed and imposed for any of
fence working a breach of the condition of
said bond; Pr0rided, that the obligor or
obhgors i'll any such bond where judgment
has been entered against him. her or them,
for the whole amount of the bond, shall be
and they are @ereby released from the pay
ment Of the said judgment, whenever the fine
and costs prescribed and imposed for such of
fence shall have been paid.
The sections omitted relate to Philadelphia,
Pittsburgh, &c.
A supplement was also passed authorising
county treasurers to reduce the licenses re-
Gently granted to the terms of the new law.