The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1889-09-22
LAWS OF NEW JERSEY.
CHAPTER LIII.
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shall be held in the same township, town,
borough or city in less time than three
years thereafter: and then only upon tb e
presentation of a new petition and pr o.
ceedings thereon as aforesaid.
0. And be it enacted, That from and
after the passage of this act all license
fees, except court and clerk fees, paid for
any ana all licenses to sell any of the
liquors aforesaid, granted by the Courts
of Common Pleas of the different counties
of this State, shall be received by the
Z clerks of said courts to and for the use of
the township, town, borough or city
within which the license granted is to be
exercised and enjoyed, and all such fees
received by any such clerk shall, within
thirty days after the receipt thereof, be
by such clerk transmitted to the proper
township, town, borough or city, to the
person or body having the legal custody
of the funds thereof, to be by the govern
ing body in such township, town.
borough or city used, employed and dis
bursed for the uses and purposes of such
township. town, borough or city.
10. And be it enacted, That if the holder
Of any such license as is mentioned aud
referred to in the first three sections
of this act, shall, contrary to law, sell. o
offer for sale, barter or give, or suffer to
be sold, or offered for sale, bartered or
given within his tavern, beer shop, liquor
saloon or other premises, any SpirituouS
vinous, malt OF brewed liquors. on the
first day of the week, commonly called
Sunday, or shall give or sell, or offer to
be given or sold, any such liquors to q ny
minor or apprentice contrary to law, or
shall sell or furnish any of the liquors
aforesaid to any person known in the
neignborhood to be of confirmed intem-
persste habits, or who is vlsibly under the
influence of Intoxicating liquors, or shall
keep disorderly house, or shall harbor
drunken persons, Migrants, idle and
prostitutes or other disorderly per-
sons, or shall suffer gambling or
unlawful games of chance or other I'M
lawful acts to be done or carried ON in
his tavern, beer-shop, liquor saloon or
other premises, or shall violate any law
OF the State regulating the sale of intoxi-
eating liquors, his license shall thereby
become forfeited and void; and upon COM
plant OF any three persons, residents and
legal voters of the township or munich
pality wherein such license is used and
exercised, verified by the oaths OF such
court or other body by which the license
to the person complained against was
granted, alleging that any such license
as aforesaid has become forfeited and
void, and specifying the acts complained
of which shall be alleged to have worked
of the court or other body to
which such complaint may be pre-
sented, forthwith to cause to be endorsed
on such complaint an order that the per-
son complained against show cause be-
fore such court or other body granting
such license, at q time and place to be
specified in such order not less than ten
Or more than thirty days from the max
ing thereof, why his license should not be
declared forfeited and revoked; said com
plant and order shall be filed with the
court or other body making the same, and
planned against, personally, Or by leaving
the same at his residence or his tavern ),
beer shop, liquor saloon or other licensed
place, at least five days before the return
of said ORDER and all such complaints
shall be heard in a summary way, the
burden of proof being upon the complain
ants, and either party may have the at
tendance of and be represented and heard
by counsel: If, ON such hearing, the de-
PENDANT shall be found guilty ofthe offences
specified in said complaint, or any of
them, Judgment shall be rendered that
the license heretofore granted such per-
son shall be revoked and annulled; and in
case the defendant be found not guilty,
the order to show cause shall be dis
charged; in case license be revoked the
person to whom the same WAS granted
shall be disqualified for one year from re-
ceiving license in this State; the court or
body making such order to show cause
may require the complainants to FLEA
stipulation for costs, aud the
costs of such hearing shall
be paid by the defendant, if found guilty,
and by the complainants ii the rule or
order to show cause be discharged; costs
may be ascertained and determined by
the court or body before which the hear
ing shall take placed the remedy pro-
vided In this section is in addition to the
other penalties provided by law.
IL. And be it enacted, That no license
liquors BY less measure than one quart,
shall be granted by any court, Excise
Board OF other board or authority having
power to grant licenses, in any store,
apartments or place in which any grocery
store or other mercantile business is car
ried on, excepting however, the keeping
of restaurant and the sale of tobacco
and cigars by retail; and any person en-
gaging in the sale of any of said LIQUORS,
directly or indirectly, contrary to the
provisions of this section, whether
licensed or unlicensed, shall be guilty of
the offence of keeping q disorderly house.
II. And be it enacted, That it shall and
may be lawful, Notwithstanding anything
in this act contained, for druggists and
pharmacists, regularly employed in and
carrying on the drug and pharmacy bust /
ness, to sell said liquors, or any OF them,
by less measure than one quart, without
license for that purpose first had and
obtained; provided that such liquors SO
sold be in good faith compounded or sold
for medicinal uses and purposes only,
upon the prescription of reputable ply
stefan, signed by such physician; said
liquors so compounded or sold not to be
used or drunk on or about the premises
where sold any druggist or pharmacist
furnishing or selling, or offering or ex-
posing for sale any Of said liquors by less
measure than one quart, contrary to the
provisions and true intent and meaning
of this section. shall be guilty of the Of
fence of keeping disorderly house.
ID. And be it enacted, That whenever
it shall appear by proof on any examine
ton or trial for an alleged offence against
the provisions of this act, that any spirit
uous, vinous, malt or brewed liquor has
been sold, exposed for sale or supplied on
any pretext whatever, where the sale of
such liquors would have been unlawful,
1t shall not be necessary to prove the par
ticular kind of liquor sold, exposed for
sale on given away.
ID And be it enacted, That if any per-
son shall hereafter be twice convicted of
the offence OF keeping disorderly house,
the court before which such conviction is
had, shall, in addition to all other penal
ties that may be imposed, add thereto
that such person so convicted be thence
forth disqualified from having or receiy-
ing license in this State.
10. And be it enacted, That the act en-
titled IAN act to regulate the sale of in
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