TITLE 9. Time limit ecuting. made and signed by such officer, before issuing any process to enforce the same; which conviction shall be final, and shall not be re-examined upon the merits in any court. 2 R. L., 196, § 9 & 10; 10 W., 378; 9 W., 62. $74. No prosecution shall be maintained for any of the ed for pros- violations specified in the preceding section, unless the same be instituted by the actual issuing of process to apprehend the offender, or by his actual appearance to answer the complaint, within twenty days next after the offence committed. 2 R. L., 197, § 11, 12, and other sections. Execution to collect penalties. Certificate of convic tion when to be filed and where Fees of justices and officers. $75. Upon a conviction being had for any of the offences in the three last Articles specified, where no other special provision is made for the collection of the penalties incurred, the magistrate before whom the same is made, shall issue an execution to any constable of the county, commanding him to levy the said penalties and the costs of the conviction, by distress and sale of the goods and chattels of the offender, and in case sufficient goods and chattels can not be found, then to commit such offender to such common jail of the county, for such time as shall be specified in such execution, not less than one day nor more than three days. $ 76. Within thirty days after any such conviction shall be had, the magistrate making the same, shall cause to be filed in the office of the clerk of the county, a certificate of such conviction, briefly stating the offence charged, the conviction and judgment thereon, and if any fine has been collected, the amount thereof, and to whom paid. Act concerning Revised Statutes, December 10, 1828. $77. In all prosecutions for any of the offences specified in the three last Articles, the like fees shall be allowed and taken as in civil suits before justices of the peace, which shall in no case exceed five dollars, and be paid by the party offending, over and above the penalties incurred; but in case of the imprisonment of the offender, no charges or fees shall be allowed. OF EXCISE, AND THE REGULATION OF TAVERNS AND GROCERIES. 2. When and where to meet. 3. Book of minutes to be kept. 4. Power to grant licenses, and to fix sum to be paid therefor. 5. Licenses, how signed; how long in force. 6. In what cases only, licenses to sell liquor to be drank, &c., to be granted. 7. Bond with surety to be executed by tavern-keepers. 8. Penalty on tavern-keepers for not being provided with certain articles. 9. Tavern-keepers to put and keep up a sign. 10. Penalty for putting up sign, without license. *By Laws of 1857, ch. 628, an excise law was passed, and by sect 33, so much of this title as was inconsistent with that act was repealed. That act will be found in a subsequent volume. See also Laws 1855, chap. 421; 1842, ch. 157. SEC. 11. Innkeepers not to trust certain persons. 12. Licenses to grocers to specify that no liquor is to be drunk in house. 13. Bond with surety to be executed by grocers. 14. Fee allowed for drawing bond. 15. Penalty for selling less than five gallons without license. 16. Penalty for selling liquor to be drank in house, without license. 17. Penalty for selling liquor to minors, apprentices or servants. 18. Penalty for receiving from minors, &c., property, &c., in payment or pledge. 19. Penalties to be sued for by overseers of poor. 20. Bonds, when and where to be filed. 21. Who to prosecute for breach thereof. 22. Convictions for penalties to be sent to general sessions. 23. Proceedings; court may revoke license. 24. Person whose license is revoked, incapable of receiving another. 25. Offences against this Title, misdemeanors. 26. Metheglin, cider, and certain wines, excepted. 27. Construction of this Title as to New-York, and cities and villages. 28. Provisions not to extend to vessels or boats. 29. Penalty for selling liquor under five gallons, on board vessels or boats. 30. Penalties for selling on board vessels, &c., how collected and applied. 31. Excise monies in certain counties, to be paid to county treasurer. TITLE 9. [678] sioners of the several $1. The supervisor of every town, and the justices of the Commis peace resident therein, shall be commissioners of excise for excise in their town; three of them, consisting of the supervisor and towns. any two justices, shall be competent to execute the powers herein vested in the board. If the office of supervisor be vacant, then any three of the justices shall form a board. If there be not two justices in the town, then any two justices of a neighboring town may be associated by the supervisor with him, and the three shall form a board. 1 R. L., 176, § 1; 2 J. Ca., 346; 1 J. R., 500; 14 How. P. R., 270; 8 where to $2. The commissioners of excise shall meet in their respec- When and tive towns, on the first Monday of May in each year, and on meet. such other days as the supervisor shall appoint, at such place as shall be designated by him; or in case his office be vacant, on such other days, and at such places, as the justices of the peace of the town may appoint. book of S3. They shall keep a book of minutes of all their proceed- To keep ings, in which shall be entered every resolution passed by minutes. them, granting a license to any person, with the sum required to be paid by such person; which minutes shall be verified by their signatures, and shall be filed with the town clerk within five days. 1 R. L., 176, § 3; 1 H., 655. S 4. They shall have power to grant licenses to keepers of inns and taverns, being residents of their town, to sell strong and spirituous liquors and wines, to be drank in their houses respectively; and to grocers being such residents, a license to sell such liquors and wines in quantities less than five gallons, but not to be drank in their shops, houses, out-houses, yards or gardens; and to determine the sum to be paid for a license, To grant and fix sum to be paid therefor. licenses, TITLE 9. [679] Licenses how signed: fee thereon; by each person applying; which sum shall not be less than five dollars, nor more than thirty dollars. 1 R. L., 176, § 4; 7 B., 479; 14 J. R., 231; 15 W., 260. S5. The said licenses shall be signed by the commissioners granting the same, for which they shall collectively be entitled to receive the sum of seventy-five cents; they shall not be how long in issued until the said allowance, and the duty fixed by the board, shall have been paid; when issued, they shall be in force, unless revoked, until the day after the first Monday in May in the succeeding year. force. When licenses to sell liquors to to be granted. 1 R. L., 176, § 1 & 4; 1 D., 150; 11 J. R., 178; 2 J. Ca., 346; see Laws of 1843, ch. 97. $6. Licenses shall not be granted to any person to sell strong and spirituous liquors and wines, to be drank in the be drank, house of the seller, unless such person proposes to keep an inn or tavern, nor unless the commissioners are satisfied that the applicant is of good moral character, that he is of sufficient ability to keep a tavern, and has the necessary accommodation to entertain travellers, and that a tavern is absolutely necessary for the actual accommodation of travellers, at the place where such applicant resides, or proposes to keep the same; all which shall be expressly stated in every such license. Bonds by tavern keepers. Tavern provide certain arti cles. 1 R. L., 176, § 3; 7 B., 479; 1 H., 656; 15 W., 260; 14 J. R., 231. S 7. Nor shall such license be granted, until the applicant shall have executed and delivered to the supervisor, or in case of his absence, one of the justices of the town, a bond to the people of this state, in the penal sum of one hundred and twenty-five dollars, with a sufficient surety, to be approved by the board of commissioners, with a condition that such applicant, during the time he shall keep an inn or tavern, will not suffer it to be disorderly, or suffer any cock-fighting, gaming, or playing with cards or dice, or keep any billiard table or other gaming table, within the tavern so by him kept, or in any out-house, yard or garden, belonging thereto. 1 R. L., 176, § 6; 8 Cow., 139; see Laws of 1843, ch. 97. S8. Every keeper of an inn or tavern, shall keep in his keepers to house at least two spare beds for his guests, with good and sufficient sheeting and covering for such beds; and shall provide and keep good and sufficient stabling, and provender of hay in the winter, and hay or pasturage in the summer, and grain for four horses or other cattle more than his own stock, for the accommodation of travellers. For every neglect or default in having either of the articles herein required, such keeper shall forfeit five dollars, to be recovered by the overseers of the poor, for the use of the poor. Penalty. To keep a sign. 1 R. L., 176, § 9; 3 H., 156. $9. Every innholder or tavern-keeper, shall, within thirty days after obtaining his license, put up a proper sign, on or adjacent to the front of his house, with his name thereon, indicating in some way that he keeps a tavern; and shall keep up such sign during the time he keeps a tavern. For every month's neglect to keep up such sign, he shall forfeit one dollar and twenty-five cents. 1 R. L., 176, § 15; see Laws of 1843, ch. 97. TITLE 9. be put up not licen S 10. No person who has not at the time a license to keep Sign not to a tavern shall erect or put up or keep up any sign indicating by persons that he keeps a tavern; and whoever offends against this sed provision, shall forfeit one dollar and twenty-five cents for 680] every day such sign shall be kept up. 3 H., 156; Laws of 1843, ch. 97. Certain per sons not to above a cer tain sum by innkeep S11. No innholder or tavern-keeper, shall trust any persons other than those who may be lodgers in his house, or travel- be trusted lers not residing in the same city or town, for any sort of strong or spirituous liquors, or tavern expenses, above the sum er of one dollar and twenty-five cents; nor shall he be capable of recovering the same by any suit. All securities given for Penalty. such debts shall be void; and the innkeeper taking such securities, with intent to evade this provision, shall forfeit double the sum intended to be secured thereby. 1 R. L., 176, § 12, 13 & 14; 2 Cai., 187. clause to be licenses to S 12. In all licenses that may be granted to grocers, or Special other persons applying for the same, (excepting tavern-keep-ins rted in ers,) to sell strong or spirituous liquors, or wines, in quantities grocers, &c. less than five gallons, there shall be inserted an express declaration that such license shall not be deemed to authorise such sale of any liquor, or wine, to be drank in the house or shop of the person receiving such license, or in any out-house, yard, or garden appertaining thereto, or connected therewith. 15 W., 260. given by $ 13. Such licenses, to grocers, shall not be granted, unless Bond to be the commissioners are satisfied that the applicant is of good grocers. moral character, nor until such applicant shall have executed a bond to the people of this state, in the penal sum of one hundred and twenty-five dollars, with such surety as shall be approved by the commissioners, conditioned that, during the term for which his license shall be granted, he will not suffer his grocery to become disorderly; that he will not sell, or Its condisuffer to be sold, any strong or spirituous liquors, or wines, to be drank in his shop, or house, or in any out-house, yard, or garden appertaining thereto; and that he will not suffer any such liquor, sold by virtue of such license, to be drank in his shop, or house, or in any out-house, yard, or garden belonging thereto. tion. drawing S 14. Whenever any bond required by this Title, shall be Fee for drawn by any commissioner of excise, he shall not demand bond. or receive therefor any greater fee than twenty-five cents. $ 15. Whoever shall sell any strong or spirituous liquors, or Penalty for any wines in any quantity less than five gallons at a time, der 5 gal selling un I. - 80 TITLE 9. lons with without having a license therefor granted as herein directed, out license. shall forfeit twenty-five dollars. Penalty for selling liquor to be drank in without 1 R. L., 178, § 7; 10 N. Y., 164; 20 B., 246; 12 B., 23; 3 H., 527; 3 D., 44, 226, 437; 1 D., 541; 19 W., 363; 1 Cow., 77; 3 Cai., 137; 17 How. P. R., 443; 13 How. P. R., 74; 13 J. R., 253. $ 16. Whoever shall sell any strong or spirituous liquors or wines to be drank in his house or shop, or in any out-house, house, &c., yard or garden appertaining thereto, or shall suffer any such liquors or wines sold by him or under his direction or authority, to be drank in his house or shop, or in any out-house, yard or garden appertaining thereto, without having obtained a license therefor as a tavern-keeper, shall forfeit twenty-five dollars. license. [681] Penalty for selling liquor to minors, 1 R. L.. 176, § 7; 16 N. Y., 299; 15 W., 260; 13 J. R., 253; 19 W., 363. $ 17. No tavern-keeper, grocer, or other person licensed to sell any strong or spirituous liquors or wines, shall sell any apprentices such liquors or wines to any apprentice or servant, knowing or servants. or having reason to believe him to be such, without the consent of his master; nor to any minor under the age of fourteen years, without the consent of his father or mother or guardian. Whoever shall offend against either of these provisions, shall forfeit five dollars, to be recovered by the master of such apprentice or servant, or by the parent or guardian of such minor. Not to receive pro 1 R. L., 176, § 11. 18. No tavern-keeper, grocer, or other person shall perty, &c., directly or indirectly take or receive from any such apprentice In payment or servant or minor, any clothing, or any goods, money or for liquors things in action, in payment for any strong or spirituous minors, &c. liquors or wines, sold to such apprentice, servant or minor, or or pledge, sold to By whom penalties to in pawn or pledge to secure any such payment. Whoever shall offend against this provision, shall forfeit three times the sum or value of the money or articles so received, to the master of such apprentice or servant, or to the parent or guardian of such minor, as the case may be, to be recovered by them, together with the money or articles so received. 1 R. L., 176, § 12. $ 19. The penalties imposed by this Title, shall be sued for be collected and recovered by the overseers of the poor of the town where the offence is committed, except in those cases where other special provisions are made. Bonds when and where 1 R. L., 176, § 16; Laws of 1820, 30, § 1; 10 N. Y., 164; see Laws of 1835, ch. 272; 1842, ch. 157; 1845, ch. 300. $20. Every bond taken pursuant to the provisions of this to be filed. Title, within five days after the execution of the same, shall be filed in the office of the clerk of the town, city or village, in which the license shall be granted. Prosecutions on breach of bonds. $21. Whenever a breach of the condition of such bond shall happen, it shall be the duty of the supervisor of the town, mayor of the city, or trustees of the village in which |