The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1875-03-24

licenses seiliHioxicating liquors and /
festrain and regulate the sale ofthe same
SEcTmS I. BE q eHdcle4, dc. That
acs approved the 25th day OF March. A. L
1872. entitled IN act 10 permit The voter
OF this Commonwealth to vote every tire
years on the question Of granting license
10 sell Intoxicating liquors be and the sam
IS hereby repealed.
SEC. .. That licenses for sales o fiiquors
where not otherwise provided for by spe
cal law, may Ike granted by the Court o
Quarter Sessions OF the proper county q
the first or second session in each year
and shall be for one year. Theslid cour
shall fix by rule or standing order a timt
at which application for said licenses shat
be he9rd, at which time all persons ap
plying, OF making objections 70 applica
lions for licenses, may be heard by evi
denee, petition, remonstrance or counsel
Provided that for the present year Licenses
as Aforesaid may be granted at the third Of
any earlier session OF said court.
SIC. q That all hotels, inns and tavern:
shall be classified and rated according tC
the last annual return of the mercantile
appraiser OF assessor of the proper city OF
county, as follows, 70 wit: All cases where
the classification shall be $4,000 or more,
shall constitute the first class. and pay
500; where the classification shall be
S., eco and not more than $40, coo the sec
Ond class and shall ray S400; where the
classification shall be SO, 600 and not more
than IS, 0G0 the third class and shall pay
5000; wbcrethc classification shall be 81
600 and not more than So, coo the fourth
class and shall pay sl00; where the clas-
sifcation shall be less than $4,000 the fifth
class and shall pay $50. Provided, That
no license shall be less than $50. And
provided further. That any person licens-
ed the present or any portion Of a year
shall pay a pro rata share of the license
fee and the authority grnntiag the license
shall designate the classification for that
year. And provided further, that no II
cenAe log b0illerS shat be less than $50.
SEC. !. That any sale made Of vinous
spurious, malt or bFewcd liquors, or any
admixture thereof, contrary TO the pFOyi-
sious OF this law, shall be taken 10 be a
misdemeanaT, aud UpoR conviction of the
oliense in the Court OF Quarter Sessions
of the peace Of any city or county. the
person 50 Giien ling shall be sentenced to
pay q fine OF not less than 5000 nor more
than $500, with the costs Of prosecution.
and to stand convicted until The sentence
% the Court is complied with, not exceed
ing ninety days, aud upon a second or any
s|dJseQent conviction the party so oiiend-
Ing shall pay q fine Of not less than 500
nor mOre than 81, eco and undergo impris-
onment in the county Jail Of not less than
three months nor more than one year; and
ii licensed shall in lieu OF Imprisonment
forfeit his bond and said license and be in
capacita.ed from receiving any license
aforesaid 70. the period Of five years there
after. and any keeper OF any drug or
apo.hscary store, confectionery or miner
al, or other fountain, who shall sell any
spiritols, %yin0us. mali or bregCd liquors,
mixed or pure. TO be used as a beverage,
shall be deemed guilty Of a misdcmeanor
and liable to the same conviction and pun
ishn.eni as unlicensed offenders.
SEC. .. That il shall be the duty OF the
Court, Mayor. Alderman or Justice of the
Peace, before WHOM any fne or penalty
shall be recovered, to award said fine or
penalties, as well as proceeds Of all forfeit
cd bonds 10 tic city Or county treasurer,
rs the case may be,
SEC. s.. That the constabies OF The re-
spective wards, bor0agLs and townships
shal make 2 return Of retailers Of liquors.
and in addition thereof il shall be The duty
OF every such constable al each term Of
said Court Of Qlarter Sessions Of their re
spectiye counties 10 make return on oath
or affirmation Wheeler within his knowl-
edge there is sEy unlicensed place witkin
his baiiiSi Kept and maintained iaevio-
l2iion Of this act and itshallbe the espe-
ctl duty of Tie Judges Of al Of said
Courts 10 see that this return Is faithfully
made. and Il any person shall make known
IN writing. with his or her nSlnc subscrio-
cd thereto, 10 such constable, tie name or
names of any one who shall have violated
This act, with the names OF the witnesses
who can prove the fact, it shall be his duty
10 make return thereof on oath or afirma-
lion TO the Court. and upon his willful fail
ure 10 DO 80 he shall BE deemed guilty Of
the crime Of perjury, and upon Indictment
and conyic.ian shall l. subjected 20 itspen-
SEC. :. Tie husband, vie, parent,
Child, gEardian or any Pe!son who has or
may hereafter have the habit Of drinking
intoxicating liquor TO excess NAY give no
tice in writing signed by him or hei 10 n
person not to sell OF deliver intoxicating
liquor Ia tbs person having such habit; ii
the person 50 notified at any time within
twelve months AFTER such notice, sells or
delivers any such liquor 10 the person
such habit, the person giving the
notice may in an action Of tort recover of
the person notified any sum not less than
fifty nCr more than five Lu-dFed dollars, as
may be assessed BY the Court or Judge as
damages. A married woman NAV bring
such action In her own name nOtwiiIl
sanding her cOver;ure and al. damages
recovered by her shall 90 TO her separate
use. in Gaze vi the death Of either party
tho action and the right of action gwen by
tins section shall survive 10 or against his
executor or administrator without limit as
to damages,
SEC. ) No person or persons nOn-resi-
dents OF this Commonwealth shall engage
in selling. trading or veEdins intoxicat-
ing liquor, and no hawker, peddler ortrav-
cling agent shall engage iii se,ang FOR any
person or perscns wao arc nor. residents,
CT In vending, trading OF contracting in
any manner whatsoever IN intoxicating
liquor wnhie the limits O; this Common
wealth.
sac. 8. Ary bond given BIZ ANY person
under The provisions Of this act may he
Cancelled a!irr Thirty days notice in writ
Ing shall have been given and received by
the respective parties thereto; Provided.
The sureiies 20 be released from such, or
any bHnd, shall bar 10 risk peauing suit
thereon. In The event Of canceiliag any
bond AID .Ae releasing Of the surelies the
principal shall provide accrp;able sgbsti
tuies il he desires 10 continue the bust
Eess, Otherwise his license shall imr.cdi-
be revoked
SEC 10 Tai AZ license to sell iui0x-
aa.ks shall hereafter be granted 10
any person until lie shall have executed q
bond 10 the CaIaIGnwea } in the penal
o. SS.GJ0. with two sufficient sureties.
20 be approved by The Court granting Such
@iicease, conditioned 20 pay aHJ!ainases.
hlch Elay lie zecGTegea IN any action
which riay ejzSiiigted agaiasl him under
The provisions of tais AL and all costs.
naes aud penalties which may be imposed
upon him in any Indictment Tor violating
his act or any other law Of this Common
wealth relating to selling or furnishing in
t~oxic4ung a-,-aS ald tie said bond shall
be flea Il tie Office OF The clerk Of the said
ooCrt for Tie use and beaeft of all persons
interested therein.
SIC. II. TtF3s i jail aoI l. lawful for
any pe5-eB, viii CT without license. TO sell
10 aay person any intoxicating drink on
any DAY ea which eleCgiCas sEe low OF
hereafter Glay be required 10 DC held nor
o. SUNDAY, nor a. any time 10 a minor OF
10 person v-slblT affected by iatoxicItihg
SIC. y That any license hergs0.ore
rr.nr--l s.au n. L. 80. "a -.