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P. L. 105.

9 June 1891.

P. L. 248.

contained in the petition are true, and they therefore pray that the prayer of said 13 May 1857 $ 6. petitioner be granted, and that the license prayed for issue.

7. The said court of quarter sessions shall hear petitions from residents of the Ibid. § 7. ward, borough or township, in addition to that of the applicant, in favor of and remonstrance against the application for such license, and in all cases shall refuse Petitions for and

against. the same when er, in the opinion of the said court, having due regard to the number and character of the petitioners for and against such application, such license is not necessary() for the accommodation of the public and entertainment of strangers or travellers, or that the applicant or applicants is or are not fit persons to whom such license should be granted ; and upon sufficient cause being Revocation. shown, or proof being made, to the said court that the party holding a license has violated any law of this commonwealth relating to the sale of liquors, the court of quarter sessions shall, upon notice being given to the person so licensed, revoke(w) the said license.

III. Cost of license. 8. All persons licensed to sell at retail any vinous, spirituous, malt or brewed liquors, or any admixture thereof, in any house, room or place, hotel, innor tavern, shall be classitied and required to pay annually for such privilege, as Amount of follows :(x) Persons licensed to sell by retail, resident in cities of the first and second classes shall pay the sum of one thousand dollars, and those resident in cities of the third class shall pay the sum of five hundred dollars; those resident in all other cities shall pay three hundred dollars, and those resident in boroughs shall pay the sun of one hundred and fifty dollars; those resident in townships shall pay the sum of seventy-five dollars to the treasurer of the respective counties for the use of the counties in the following proportion: In cities the sum of one hundred dollars, in boroughs and townships one-fifth of the amount of license, Distribution of shall be paid to the treasurer of the respective counties for the use of the counties, license fees. and the balance shall be paid to the treasurer of the respective cities, boroughs and townships for their respective use: Provided, however, That the money thus Amounts paid to paid into any township treasury, shall be applied to keeping the roads in good townships to be repair.(y)

9. If any person or persons shall neglect or refuse to pay to the city or county 13 May 1887 $ 9. treasurer the sum of money directed in section eight, within fifteen days after his, her or their application for license has been granted by said court, then and in Failure to pay in that case the said grant shall be deemed and held revoked and no license issued. fifteen days. It shall be the duty of the person or persons whose application bas been granted by the said court to pay the said sum of money to the said treasurer within the said fifteen days, and forth with produce to and file with the clerk of court the receipt of the said treasurer therefor, and upon any default the said clerk shall forthwith mark said application and grant“ revoked.”

license. Classification.

roads.

P. L. 108.

IV. Bond

10. The license shall not be issued to any person or persons until he, she or they 13 May 1887 $ 10. shall have executed a bond to the commonwealth and a warrant of attorney to confess judgment in the penal sum of two thousand dollars, with two sufficient sureties, to be approved by the court granting such license,(z) conditioned for the faithful Condition. observance of all the laws of this commonwealth relating to the selling or furnishing vinous, spirituous, malt or brewed liquors, or any admixture thereof, and to pay all damages which may be recovered in any action which may be instituted

Bond.

(1) The necessity for a retail license must be granted. Gabel's Case, 13 Luz. L. Reg. 445. So the established by proofs pertinent to each particular court will revoke a license granted to a place of case. Luzerne County Lirenses, 4 Kulp 527. No amusement. Hasting's Case, 339 L. I. 440. one has an absolute right to a license; it is within the A license improvidently granted can be vacated as discretion of the court, which discretion must be having been granted without authority of law. In re exercised wisely, but not arbitrarily. The court may Kelly, 2 L. I. 141. So, a license may be revoked on act of its own knowledge in determining whether an sutricient cause being shown. Dolan's Appeal, 108 applicant is a fit person to receive a license, and P. S.581. An appeal does not lie to an order revoking whether his house is necessary for the public accom- a license. On certiorari the supreme court will conmodation. Raudenbusch's Petition, 120 P. S. 328. sider only the jurisdiction of the court below and the The quarter sessions of Centre county refused all regularity of the proceedings. Ibid. saloon licenses in 1891 on account of there being no (x) The nineteenth section provides that all local public necessity for it. Centre County Licenses, 9 laws fixing a license rate or fee less than is provided C. C. 376.

for in this act be and the same are hereby repealed; (10) The court must revoke a license on proof of provided, however, that none of the provisions of this the violation of any liquor law. Bosch's License, 5 act shall be held to authorize the sale of any spirituC. C. 315. See Woodwaril's License, 3 Montg. 190. ous, vinous, malt or brewed liquors, or any admixtThe court will revoke a license on the ground that ure thereof, in any city, county, borough or township the party's barkeeper sold liquors to a minor, on Sun- having special prohibitory laws. day, the house having been kept open, with his con- (9) This is an amendment of $ 8 of the act 13 May sent. Gouan's case, 1 Pears. 83. When the business 1887, P. L. 108. is being conducted by the person licensed unlawfully, (2) The act of 9 April 1861, P. L. 270, gave the and in such a wayas to make it unlawful for the aldermen authority to approve, subject to the apcourt to grant him a license, it is the duty of the court, proval of the district-attorney. on the facts being shown, to revoke the license already

P. L. 108.

13 May 1887 $ 18.

P. L. 108.

13 May 1887 10. against him, her or them under the provisions of any act of the assembly, and all

costs, fines and penalties which may be imposed upon him, her or them under any indictment for violating this act, or any other act of assembly relating to selling or furnishing liquors as aforesaid, and the said bond shall be filed in the office of the clerk of the said court, for the use and benefit of all persons interested therein.(a)

V. Duties of licensee. 11. Every person receiving such license to sell spirituous, vinous, malt or brewed liquors, or any admixture thereof, shall frame his license under a glass and place the same so that it shall at all times be conspicuous and easily read in his chief place of making sale, and no such license shall authorize sales by any person who

shall neglect this requirement.(b). Ibid. § 14. 12. No licensee who shall sell liquors by less measure than one quart shall trust

or give credit therefor under penalty of losing and forfeiting such debt, and no action shall be maintained or recovery had in any case for the value of liquors sold in violation of the provisions of this section,(c) and defence may be taken in said cases against such recovery without special plea of notice.(d)

License to be framed.

Credit forbidden.

P. L. 108.

Ibid.

lished,

Ibid.

Return to district

Ibid.

VI. Duties of mercantile appraisers. 13 May 1887 $ 4. 13. In cities of the first class, in the month of January in each and every year,

it shall be the duty of the mercantile appraisers to return under oath, together with To return lists of the list of mercantile taxes, all licensed or unlicensed hotels, taverns, inns, restartaverns.

rants or saloons engaged in selling intoxicating liquors, and shall also returi a duplicate list of said licensed and unlicensed hotels, taverns, inns, restaurants or saloons, to the clerks of the court of quarter sessions.

14. Said list of licensed and unlicensed hotels, taverns, inns, restaurants or List to be pub

saloons shall be published in the manner now prescribed for the publication of mercantile appraisers' lists; and said lists shall contain the name and amount paid by each licensee, and a list of every unlicensed hotel, tavern, inn, restaurant or saloon.

15. It shall be their further duty to return to the district-attorney in said cities of

the first class the name and residence of every proprietor or keeper of any unattorney. licensed hotel, tavern, inn, restaurant or saloon, together with the location thereof.

And it shall be the duty of the district-attorney to forth with proceed to prosecute each and every offender, according to law.

16. For each and every license granted by the court, for any hotel, tarern, inn, restaurant or saloon, the mercantile appraisers(e) shall receive the sum of two dollars and fifty cents, the said sum to be paid by the applicant or applicants for said license.

VII. Duties of constables. 13 May 1887 11. 17. The constable of the respective wards, boroughs or townships in each county

shall, in the first week in each term of the court of quarter sessions, make returns Returns to quarter under oath of all places in his bailiwick where vinous, spirituous, malt or brewed

liquors, or any admixture thereof, are kept for sale or sold, except stores kept by druggists and apothecaries, stating which of said places are licensed under this act and which are unlicensed, and it shall be the especial duty of the judge of said court to see that this return is faithfully made,(9) and on failure of any constable to comply with this provision, or, if it be found upon examination or inquiry by said court that any constable has either wilfully or negligently omitted to return all such houses and the names of the proprietors thereof in his bailiwick, he shall be guilty of wil. fully or negligently making a false return, and the court shall suspend him from office and direct the district-attorney to indict and try said officer, and, if found

Fees.

P. L. 108.

sessions.

(a) See Crouse v. Commonwealth, 87 P. S. 168; (9) Upon each conviction the act 20 April 1875, Commonwealth v. Fendler, 14 Phila. 634; Commons § 12, P. L. 368, allows the constable two dollars to be wealth v. Shannon, 1 Mont. 62.

taxed as costs. The act 5 April 1800, $ 2, P. I. 071, (6) The act 20 April 18.58, § 18, P. L. 369, authorizes directs the clerk to collect the sum of one dollar as the clerk to charge one dollar for the frame and glass the constable's fee for returning. and one dollar for the license. See also act 31 March See the acts 5 April 1860, P. L. 671, 12 April 1873, 1856, § 22, P. L. 205.

$ 6, P. L. 40. See also the act 20 April 1895, 13, (c) See act 8 May 1854, § 7, P. L. 661.

P.L. 368. (d) The act 28 March 1878, P. L. 9, prohibits the The jury may impose the costs upon the constable employment of waiter-girls under penalty of fine who made the return of a violation of the liquor law. from $100 to $500, and imprisonment from three Commonwealth v. Bennett, 1 Pitts. 261. But see months to one year. The third section prohibits the Commonwealth v. Barr, Q. S. Lancaster, Jab., granting of license except upon express condition that 1818, MS., in which Lewis, P. J., set aside so much of no females shall be employed to vend or distribute a verdict as imposed the costs upon the constables: liquor. This act cannot be evaded by the formation and held, that neither prosecuting attorneys, coesiaof a partnership with the waiter-girls employed, bles, nor other officers concerned in prosecutions in giving them a share of the profits by way of compen their official capacity could be mulcted in the casts. sation. Walter v. Commonwealth, 88 P. S. 137. In Tioga county, à deputy, attorney-general was

(e) This only applies to mercantile appraisers in ordered to pay the costs, and was sentenced by the cities of the first class. Guble v. Gutelius, 6 C. C. court. See Commonwealth v. Lyons, 2 L. Bar, 11 587. Verzi v. Dolan, Ibid. 588. Yost v. Whalen, 4 Dec. 1870. C. C. 590.

P. L. 105.

P. L. 866,

guilty, he shall be fined in a sum not exceeding five hundred dollars and undergo 13 May 1857 g 11. an imprisonment, either simple or solitary, not exceeding two years, both or either, in the discretion of the court.

18. It shall be the duty of each constable(h) in the county to visit at least once Ibid. & 12. in each month all places within their respective jurisdictions where any of said

Monthly visits. liquors are sold or kept, to ascertain if any of the provisions of this or any act of assembly relating to the sale or furnishing of such liquors have been or are being violated, and whenever any of the officers above mentioned shall learn of any such violation it shall be his duty to forthwith make written returns of the same to the court of quarter sessions with the names of the witnesses, and to do whatever shall be in his power to bring the offender to justice; and, upon any neglect or refusal of any of said officers to perform the aforesaid duty, the said court shall impose the same penalties provided in section eleven of this act.(i)

VIII. Transfer of license. 19. No license to vend the liquors aforesaid, granted under this or any other law 20 April 1858 8 7. of this commonwealth, shall be transferrible, or confer any right to sell the same in any other house than is mentioned therein; nor shall any bar or place where such

Regulation of liquor is sold by less measure than one quart be underlet by the person licensed to transfers. sell thereat; but if the party licensed shall die, remove, or cease to keep such house, his, her or their license may be transferred, by the authority granting the same, or a license be granted the successor of such party, for the remainder of the year, by the proper authority, on compliance with the requisitions of the laws in all respects, except publication, which shall not in such case be required : Provided, That where any license is transferred as aforesaid no payment, other than fees, shall be required; and when a license is granted under this section, for a portion of a year, the party licensed shall pay therefor a sum proportionate to the unexpired term for which the same is granted.(k)

IX. Apothecaries. 20. Druggists and apothecaries shall not be required to obtain license under the 18 May 1897 $ 16. provisions of this act, but they shall not sell intoxicating liquors, except upon the written prescription of a regularly registered physician ;(1) alcohol, however, or Sales by apotheany preparations containing the same, may be sold for scientific, mechanical or caries. medicinal purposes. Any one violating the provisions of this act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be subject to the same penalties as are provided in the fifteenth section of this act: Provided, That no spirituous, vinous, malt or brewed liquors shall be sold or furnished to any person more than once on any one prescription of a physician: And provided further, That any person who shall wilfully prescribe any intoxicating liquors as a beverage to persons of known intemperate habits shall be guilty of a misdemeanor, and, upon conviction thereof, shall be subject to the same penalties and fines as are prescribed in section seventeen.(m)

X Penal offences. 21. Any person who shall hereafter be convicted of selling or offering for sale 18 May 1897 $ 16. any vinous, spirituous, malt or brewed liquors, or any admixture thereof, without a license,(n) shall be sentenced to pay a fine of not less than five hundred dollars Selling without nor more than five thousand dollars, and undergo an imprisonment in the county license. jail of not less than three months nor more than twelve months.(o)

18 May 1887 $ 15. 22. Any person having license, who shall hereafter be convicted of violating any

P. L. 108.

P. L. 108.

P. L. 105.

(h) He is not entitled to extra compensation for dissolution of the partnership, be transferred to the such service. County v. Semmel, 23 W. N. C. 346. partner who continues the business. Kornman's Li

(i) It had been held not to be the official duty of a cense, 13 C. C. 147. The court has no power to transconstable to return acts of selling to minors, unless fer a license from one building to another. Burns's within his personal knowledge. Commonwealth v. License, 14 C.C. 174. This act is still in force, but the Connolly, 2 Ley. Opin. 70.

courts have no power to authorize a transfer to another (k) This act is still in force and is not repealed by house. Rohi's License, 14 C. C. 202. Where the owner the act 13 May 1887. Ilanlen's License, 3 C. C. 474. of the licensed property is a member of a firm of liquor In re Templeton, Ibid. 134. Blumenthal's Petition, 23 dealers and the owner of a brewery, he has no such W. N. C. 493. It is now in force in Allegheny county. interest as will prevent a transfer of the license. Van Buren's License, 4 C. C. 280. See West's Op. Leahy's License, 14 C. C. 430. 1883, 22.

The court may require the publication of (1) See Commonwealth v. Prickett, 132 P. S. 371. notice of all petitions for the transfer of licenses. (m) See tit. “ Apothecaries.” McGoldrich's Petition, 1 Del. 403. The quarter ses- (n) Selling a single glass of liquor is indictable sions of Philadelphia county, on + December 1893, made under this section. Commonwealth v. Diron, 1 Wilthe following order: “That all applications for trans- COX 211. See act 11 April 1861, as to Potter county, fers and tavern licenses shall, before being presented P. L. 658; act 10 May 1866, as to Lebanon and Berks, to the court, be filed for one week in the court of P. L. 1081; and act 9 March 1872, as to Delaware quarter sessions, with the name of the member of the county, P. L. 306. The act of 17 April 1867, P. L. 88, bar presenting the same attached thereto.” Where a referring to the closing of bars, the conduct of police licensee leaves the licensed property, the court will officers, &c., was repealed by the act 6 April 1865, direct a transfer to a fit and proper person; and this, P. L. 68. without the consent of the licensee. Summa's License, (0) It was held that the act of 12 April 1875, $ 4, 12 C. C. 667. See Breen's License, 13 Ibid. 141. Where P. L. 40, supplied and repealed all former laws puna license is granted to two partners, it may, upon a ishing the offence of selling liquors without license.

P. L. 105.

laws.

Revocation.

To minors or in

13 May 1857 $ 15. of the provisions of the license laws, shall be subjected to a fine of not less than

one hundred nor more than five hundred dollars, and for any second offence whereof Violation of license he shall be convicted, of not less than three hundred nor more than one thousand

dollars, and for any third offence whereof he shall be convicted, a fine of not less than five hundred mor more than five thousand dollars, and undergo an imprisonment in the county jail not less than three months nor more than twelve months, or both or either, at the discretion of the court. Any person convicted of more than one offence shall not again be licensed in any city or county of the commonwealth, and the license of any person perunitting the customary visitation of disreputable persons, or keeping a disorderly place, may, upon proof, be at any time revoked by the court, and when thus revoked the same party shall not again be

licensed in any city or county of the commonwealth.(p) Ibid. $ 17. 23. It shall not be lawful for any person, with or without license, to furnish, by Selling on election sale, gift or otherwise, to any person any spirituous, vinous, malt or brewed liquors day.

on any day upon which elections are now or hereafter may be required to be held. (9) Sunday.

nor on Sunday,(r) nor at any time to a minor,(s) or a person of known intemper

ate habits, or a person visibly affected by intoxicating drink, (1) either for his or temperate persons. her use, or for the use of any other person, or to sell or furnish liquors to any pero Pass books. son on a pass-book or order on a store, or to receive from any person any goods

, Receiving goods for liquors.

wares, merchandise or provisions in exchange for liquors, shall be held and deemed a misdemeanor, and, upon conviction thereof, the offender shall be fined not less than fifty nor more than five hundred dollars, and undergo an imprisonment of

not less than twenty nor more than ninety days.(u) Ibid. § 18. 24. Any house, room or place, hotel, inn or tavern, where vinous, spirituous,

malt or brewed liquors are sold, offered for sale, drank or given away, in violation of

any law of this commonwealth, shall be held and declared a nuisance, and shall be abated by proceedings at law or equity.(v) All expenses connected with such proceedings, including a counsel fee of twenty dollars for the counsel of complain

ant, shall be paid by defendant or defendants. 16 April 1849 $ 16. 25. Whenever any riot or other breach of the peace shall occur at or within any

tippling-house, or other place where spirituous, vinous or malt liquors are sold, without a license being taken out in conformity to the provisions of this act, the proprietor or keeper of such tippling-house or other place where such liquors are so sold shall be deemed and taken to be an aider and abettor in such riot or other

breach of the peace, and shall be liable to be prosecuted and punished as such. Ibid. $ 17. 26. Every person convicted under the preceding section of this act(tc) shall be Penalty.

subject to a fine not exceeding five hundred dollars, and be imprisoned for a term not exceeding twelve calendar months, at the discretion of the court having juris

diction of the offence. 26 Feb. 1855 $ 1. 27. It shall not be lawful for any person or persons to sell, trade or barter in any

spirituous or malt liquors, wine or cider on the first day of the week, commonly

When a nuisance.

P. L. 661.

Riots.

P. L. 53.

Commonwealth v. Gillespie, 5 Luz. L. Reg. 147; Com- (8) An indictment for selling liquor to minors monwealth v. Flaeke, 2 Chest. Co. R. 38. But it did must name them, or aver that their names are mnot repeal the act 26 Feb. 1855, P. L. 53, punishing the known, or otherwise individuate the offence. offence of selling liquor on Sunday. Sifred v. Com- monwealth v. Connolly, 2 Leg. Opin. 70. Also that monwealth, 15 W.N.C. 373. See infra, pl. 27, 28. the defendant knew they were minors. Commons

What is a sufficient indictment for selling spirit- wealth v. Liebtren, 1 Pears. 107. See also act 8 May uous liquors without license. Comuonwealth v. 1854, § 1, P. L. 663. Baird, 4 S. & R. 141. Genkinger v. Commonwealth, 32 (1) See the acts 8 May 1854, § 1, P. L. 63; 31 P. S. 99. Commonwealth v. Shoenhutt, 3 Phila. 20. March 1856, P. L. 207; and 12 April 1875, § 11, P. L. 1. On the trial of an indictment for selling liquor with- (u) A person without a license may be convicted out a license, the burden of showing a license is on under this section for giving away liquors on election the defendant. Commonwealth v. Dilbo, 29 L. I. 150. day, or on Sunday, or to one of known intemperate The offence of selling liquor without a license, being habits, or to a person visibly affected by intoxicating necessarily a deliberate one, the extreme penalty of drinks; the prohibitions in this section are not colthe law onght to be inflicted, except under extraordi- fined to dealers. Altenburg v. Commoniealth, 1:35 nary circumstances of palliation. . Commonwealth v. P. S. 602. See Commonwealth v. McGee, 7 C. C. 19; Weitzel, 4 Haz. P. Reg. 218.

Commonwealth v. Doll, 6 C. C. 49; Commonrealth . A wife cannot be convicted of selling liquor without Fowler, 44 L. I. 482. The indictment need not state license, where the same is done in presence of her that the liquor was knowingly and wilfully furnisheri. husband. Commonwealth v. Lindsey, 2 Leg. Chron. Commonwealth v. Sellers, 130 P. S. 32. It is not 232. See Commonwealth v. Waters, 4 L. Bar, 31 Dec. necessary that the intemperate habits of the customer 1882. But an agent, who sells tickets at a picnic, for should be known to the furnisher of the liquor, Corte which beer is furnished on presentation, may be con- monwealth v. Zelt, 138 P. S. 615. This section des victed of selling without license. Commonwealth v. not prohibit the use of liquors by a private citizen on Heffner, 8 Leg. Gaz. 166. See Commonwealth v. Pom- his own table on Sunday; neither does it make it phret, 33 Am. L. Reg. 65.

a misdemeanor to furnish them to his family or his (p) See act 8 May 1854, § 8, P. L. 664. Common- guests in his own house. Commonwealth v. Carry, wealth v. Foedisch, 40 L. I. 4:34. See supra, pl. 7, 9. 151 P. S. 368. One who gives liquors to another on

(9) See acts 13 March 1872, P. L. 24, and 12 April Sunday while engaged in soliciting votes, may be end 1875, $ 11, P. L. 40.

victed under this section. Commonroealth v. Hecklet, (r) On the trial of an indictment for selling liquor 14 C. C. 465. on Sunday, the prosecution must prove a sale at the (v) A tavern will not be abated as a nuisance, defendant's house, and that it was by his permission. unless the petitioner show a special injury to himCommonwealth v. Valer, 29 L. I. 188. A conviction self. Wishart v. Newell, 4 C. C. 141. for selling liquor on two successive Sundays is errone- (10) The act 31 March 1860, $ 42, P. L. 94, pro

Commonwealth v. Boos, 1 Luz. L. Reg. 375. vides the same punishment for keeping a disorderly See act 26 February 1855, P. L. 53, infra, pl. 27, 28. house.

ous.

P. L. 53,

dollars.

P. L. 112.

called Sunday, or for the keeper or keepers of any hotel, inn or tavern, ale-house, 26 Feb. 1855 $ 1. beer-house, or other public house or place, knowingly to allow or permit any spirituous or malt liquors, wine or cider to be drank on or within the premises, or house selling on Sunday. occupied or kept by such keeper or keepers, his, her or their agents or servants, on the said first day of the week.

28. Any person or persons violating the provisions of the foregoing section shall, Ibid. $ 2. for each and every offence, forfeit and pay the sum of fifty dollars, one-half of which shall be paid to the prosecutor, and the other half to the guardians of the

Penalty of fifty poor

of the city or county in which the suit was brought, or in counties having no guardians of the poor, then to the overseers of the poor of the township, ward or borough in which the offence was committed; to be recovered before any mayor, alderman, burgess or justice of the peace as debts of like amount are now by law recoverable, in any action of debt brought in the name of the commonwealth, as well for the use of the guardians of the poor (or for the overseers of the poor of the township, ward or borough, as the case may be), as for the person suing : Provided, That when any prosecutor is himself a witness on any trial under the provisions of this section, then the whole penalty or forfeiture shall be paid to the guardians or overseers aforesaid : And provided further, That it shall be a misdemeanor in office for any such mayor, alderman, burgess or justice of the peace to neglect to render to the said guardians of the poor and prosecutor the amount of such penalty within ten days after the payment of the same. (x)

29. Any person, under the age of twenty-one years, who shall knowingly and 10 May, 1881 $ 1. falsely represent himself to be twenty-one years of age to any licensed innkeeper, restaurant-keeper or other person, for the purpose of procuring, or having furnished Punishment of to him, by sale, gift or otherwise, any intoxicating liquors, shall be guilty of a mis- minors for obtaindemeanor, and upon conviction thereof in any court of quarter sessions shall be insehuners bertepsentenced to pay a fine of not more than twenty dollars, or undergo an imprison- selves as of age. ment in the county jail for a period not exceeding thirty days.

30. Any person who shall knowingly, wilfully and falsely represent to any Ibid. § 2. licensed innkeeper, restaurant-keeper or other person, any minor to be of full age, For aiding in such for the purpose of inducing any such licensed innkeeper, restaurant-keeper or deception. other person, to sell or furnish any intoxicating liquors to said minor, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine of not more than twenty dollars, or undergo an imprisonment in the county jail for a period not exceeding thirty days, both or either, at the discretion of the court.

XI. Selling to intemperate persons. 31. Wilfully furnishing intoxicating drinks by sale gift, or otherwise to any

8 May 1854 $ 1. person of known intemperate habits,(y) to a minor,(y) or to an insane person, for use as a beverage,(z) shall be held and deemed a misdemeanor, and upon conviction Furnishing liquors thereof the offender shall be fined not less than ten nor more than fifty dollars, to intemperate and undergo an imprisonment of not less than ten nor more than sixty days;(a) and persons. the wilful furnishing of intoxicating drinks as a beverage to any person, when drunk or intoxicated, shall be deemed a misdemeanor, punishable as aforesaid. 32. It shall be lawful for any member of the family or blood relation of an in

Ibid. & 2. temperate person, or any overseer of the poor, or any magistrate of the district in which such intemperate person resides or has legal settlement, or the committee of Furnishing after an habitual drunkard, to give a distinct notice, verbal or written, to an innkeeper,

P. L. 663.

notice.

(2) This act, so far as it fixes a penalty for selling An indictment for selling on Sunday need only aver on Sunday, is not repealed. Sifred v. Commonwealth, the fact of sale on that day; it need not aver the 15 W. N. C. 373. Commonwealth v. Gedikoh, 101 P.S. names of persons to whom the liquor was sold. Com355. The act 29 April 1867, requires the tines and monwealth v. Liebtren, 1 Pears. 107. On the trial the penalties to be paid to the guardians of the poor. A prosecution must prove a sale at the defendant's justice of the peace cannot issue a capias or warrant house, and that it was by his permission. Commonof arrest for the recovery of the penalty. Common- wealth v. Valer, 29 L. I. 188. The mere admission of wealth v. Schweitzer, 1 L. V. 21. An appeal will be visitors into a tavern on Sunday is not a violation of stricken off if taken without the allowance of the the statute, unless liquor be actually sold. Commoncourt. It cannot be entered nunc pro tunc. Common- wealth v. Leeds, 9 Phila. 569. wealth v. Sassaman, 2 Del. 333. Where the defendant A municipal corporation may be empowered to punis committed upon a capias issued upon a judgment ish by summary conviction an action which is not only for the penalty, he can only be released under the in- indictable under the state law, but is also an offence solvent law. Commonwealth v. McAleese, 12 C. C. against the municipal government; such as keeping a 147.

bawdy-house, or selling liquor on Sunday; these are It is an indictable conspiracy for two or more regulations of police. Morgan v. Commonwealth, 30 persons to act in concert, in unlawful measures to Pitts. L. J. 14. enforce the Sunday liquor law by inducing a tavern- (y) See the act 12 April 1875, $ 11, P. L. 40, and 13 keeper to furnish beer on that day by artitice or per- May 1887, § 17. supra, pl. 23. The act 17 April 1867, suasion. Commonwealth v. Leeds, 9 Phila. 569. But P. L. 88, specifically included apprentices. it is not maintenance for one or more persons to con- (z) See Commonwealth v. Jessup, 63 P. S. 34. tribute money to employ counsel to carry on the (a) The constable's return is sufficient to authorize criminal prosecution; nor does it go to impeach their the issuing of process against the offender. McCulcredit as witnesses; if, however, such aid be given lough v. Commonwealth, 67 P. S. 30. The indictment from malicious motives, and without probable cause, inust set forth the fact that the person was known as it is ground for an action for malicious prosecution. one of intemperate habits. Commonwealth v. Liebtren, Commonwealth v. Dupuy, Bright. 41. See the judge's 1 Pears. 107. charge in full, in 8 Haz. Pa. Reg. 209.

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