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P. L. 663.

8 May 1854 $ 2. merchant, grocer, distiller, brewer or other person manufacturing, selling or having

intoxicating liquors, forbidding him or them from furnishing such intemperate person or habitual drunkard with intoxicating drinks or liquors; and if, within three months after such notice, any one to whom the same is given shall furnish or cause to be furnished intoxicating liquors to such intemperate person or habitual drunkard, to be used as a beverage, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in the first section of

this act. Ibid. $ 3. 33. Any person furnishing intoxicating drinks to any other person, in violation Responsibility in

of any existing law, or of the provisions of this act, shall be held civilly responsible for daniages. any injury to person or property in consequence of such furnishing; and any one

aggrieved may recover full damages against such person so furnishing, by action on the case, instituted in any court, having jurisdiction of such form of action, in

this commonwealth.(b). 12 April 1875 & 7. 34. The husband, wife, parent, child or guardian of any person who has or may

hereafter have the habit of drinking intoxicating liquor to excess, may give notice Selling to inebri- in writing, signed by him or her, to any person not to sell or deliver intoxicating

liquor to the person having such habit; if the person so notified, at any time within twelve months after such notice, sells or delivers any such liquor to the

person having such habit, the person giving the notice may, in an action of tort, Damages.

recover of the person notified any sum not less than fifty nor more than five hurdred dollars, as may be assessed by the court or judge as damages. A married woman may bring such action in her own name, notwithstanding her coverture, and all damages recovered by her shall go to her separate use. In case of the death of either party, the action and right of action given by this section shall survive to or against his executor or administrator, without limit as to damages.

P. L. 41.

ates after notice.

P. L. 48.

Ibid. $ 8.

Duties of con

XII Sale near encampments. 12 April 1875 $ 1. 35. It shall not be lawful for any person or persons to erect, place or have any

booth, stall, tent, carriage, boat, vessel, or any other place whatever, for the purSale prohibited.

pose of selling, giving or otherwise disposing of any spirituous, vinous or malt Îiquors or cider, or any fermented liquors whatsoever, or any admixture thereof, or any liquid compounded or composed, in whole or part, of alcohol, or any other intoxicating drink whatever (except as hereinafter excepted) within three miles of the place of holding any soldiers' encampment(c) or reunion in this state dur

ing the time of holding such encampment or reunion. Ibid. $ 2. 36. Any person or persons violating any of the provisions of this act shall be Penalty.

guilty of a misdemeanor; and upon conviction thereof shall be sentenced to pay a fine, not less than fifty dollars nor more than one hundred dollars, and undergo an imprisonment, not exceeding ten days, or both, or either, in the discretion of the court.

37. It shall be the duty of the constable of the township, or the sheriff of the

county in which any such encampment or reunion is held, upon the written applistables.

cation of the commandant of such camp, to be present in person or by deputy, during such encampment, and to arrest, without warrant, any person or persons guilty of disorderly or riotous behavior, or any breach of the peace, or of intoxication, or who he may have reason to believe is guilty of violating any of the provisions of the first section of this act, and bring him or them before any justice of the peace of the county; and thereupon the officer making such arrest shall make an information, under oath, in the nature of a return, of the cause of such arrest; and such justice shall proceed to hear and determine such matter, in the same manner as if a warrant had been issued against the person arrested for the cause alleged in such return; and such officer shall be entitled to the sum of three dollars for each day he may attend such encampment, to be paid by the county where

the same is held. Ibid. $ 4.

38. Any person wilfully violating any of the rules and regulations adopted for

the government of such encampment, by the commandant thereof, and applying Disorderly be

only to the grounds occupied by such encampment, shall be deemed guilty of dis orderly behavior; and upon request of the commandant of such encampment, shall be arrested by the peace officer in attendance, to be dealt with according to law, and upon conviction thereof, such person shall be sentenced to pay a fine, not exceeding

fifty dollars. Ibid. $ 5.

39. The provisions of the first section of this act shall not apply to any person

licensed to sell intoxicating liquors under the laws of this commonwealth who may keepers excepted. sell or dispose of the same at his or het usual place of business named in such

license, and in accordance with the law.

havior.

Licensed inn

(b) A widow may maintain an action against an inn- not know that the purchaser was drunk. Cundy v. keeper for unlawfully furnishing liquor to her husband, Le Cocq, 32 Am. L. Reg. 768. when intoxicated, in consequence whereof he fell under (c) Extended to camp-meetings by act & May 1878, the wheel of his wagon and was killed. Fink v. Gur- P. L. 46; which act is constitutional. Commonceaith man, 40 P. S. 95. It is no defence that the vendor did v. Sevard, 12 Luz. 81.

P. L. 207.

enness.

P. L. 86.

XIII. Intoxication. 40. Any person who shall be found intoxicated in any street, highway, public 81 March 1856 $ 29. house or public place shall be fined upon the view of or upon proof made before any mayor, alderman or justice of the peace, not exceeding (two) dollars,(d) to be Penalty for drunklevied, with the proper costs, upon the goods and chattels of the defendant.

41. Any person who shall sell spirituous or other intoxicating liquors as afore- Ibid. $ 30. said to any person who shall drink the same upon the premises where sold, and become thereby intoxicated, shall, besides his liability in damages under

Allowing drunkenany existing

ness on premises. law, be fined five dollars for every such offence, to be recovered, in debt, before any alderman or justice of the peace, by any wife, husband, parent, child, relative or guardian of the person so injured, and levied upon the goods and chattels of the defendant, without exemption : Provided, That suits shall not be instituted after twenty days from the commission of the offences in this and the preceding section.

42. It shall be the duty of every sheriff, constable, member and officer of police 17 April 1867 $ 8. to arrest any and every person who shall be found intoxicated in any street or public highway, or in any public place or places where strong or spirituous liquors, Intoxicated perwine, ale or beer are sold, publicly kept, or disposed of, and to take him or her sons to be arrested. before any magistrate of the vicinity ;(e) and if such magistrate shall, after due inquiry, deem him or her too much intoxicated to be fully examined, or to answer Examination on oath correctly, the magistrate shall cause him or her to be confined until he or under oath. she becomes sober, and then to be brought before him and interrogated, under oath or affirmation, as to the cause of such intoxication, and thus ascertain from whom he or she obtained the liquor which caused the drunkenness; but such examination shall not be used in evidence against such intoxicated person in any prosecution civil or criminal.

43. If any person engaged in the sale or manufacture of intoxicating liquors as 81 March 1856 5 34. aforesaid shall employ or permit any intemperate person in any way to assist in such manufacture or sale, it shall be deemed a misdemeanor; and any person so Employment of offending shall be liable to conviction and punishment as provided in the twenty- intemperate pereighth section of this act.(9)

44. Any judge, justice or clergyman who shall perform the marriage ceremony 8 May 1854 $ 4. between parties when either of said parties is intoxicated shall be deemed guilty of a misdemeanor; and upon conviction thereof shall pay a fine of fifty dollars and Marrying intoxibe imprisoned, at the discretion of the court, not exceeding sixty days.

cated person. 45. Any person prosecuting for an offence indictable under this act shall, upon Ibid. $ 6. conviction of the offender, receive such reasonable sum for expenses, services and

Compensation of time expended as may be directed by the court, not exceeding twenty dollars, to prosecutor. be taxed and paid as a part of the costs in the cause, and such allowance to be exclusive of compensation to such prosecutor as a witness under existing laws: Provided, That such allowance shall not be made in more than one case, at the same term, to one person.

XIV. Adulteration. 46. In all actions for the sale of any spirituous, vinous or malt liquors, or any 29 March 1860 $ 1. admixtures thereof, it shall be competent for the defendant, in every such case, to prove that said liquors or admixtures thereof were impure, vitiated or adulterated ; Defendant

may and proof thereof being made, shall amount to a good and legal defence to the prove liquors

impure. whole of the plaintiff's demand.(h)

P. L. 207.

sons.

P. L. 664.

P. L. 346.

(d) So amended by the act 20 April 1858, $ 22, the crime of murder to the second degree. Jones v. P. L. 370. See tit. “Crimes."

Commonwealth, 75 P. 3. 403. Commonwealth v. CroDrunkenness is no excuse for the commission of zier, 1 Brewst. 349. Commonwealth v. Hart, 2 Ibid. crime. Respublica v. Weidle, 2 Dall. 88. Common- 546. Commonwealth v. Perrier, 3 Phila. 229. Comwealth v. Dougherty, 1 Bro. App. xviii. Common- monwealth v. Dunlap, Lewis's Cr. L. 394. Commonweaith v. Hart, 2 Brewst. 546. Yet it may have the wealth v. Haggerty, Ibid. 402. Commonwealth v. effect of reducing the crime of murder to the second Baker, 33 L. I. 367. Commonwealth v. Platt, Ibid. degree, if sutficient to deprive the prisoner of the 436. power of deliberation. Commonwealth v. Platt, 11 The intoxication of the party injured does not excuse Phila. 415 ; s. c. Ibid. 421. Commonwealth v. Baker, contributory negligence. Linton v. Chester, 32 L. I. Ibid. 631. Effect of intoxication in reducing the 265). A new trial on account of the intoxication of degree of murder. Nevling v. Commonwealth, 39 a witness was refused. The court's attention should L I. 62. Drunkenness does not incapacitate from have been called to it at the time. Gillespie v. Life forming a premeditated design to kill, but it may be Association, 41 Ibid. 543. Being drunk whilst drawevidence of passion only and of want of malice and ing benefits from a benevolent society was held not to design. Pennsylvania v. Lewis, Add. 279. Common- be a suficient ground for expusion; the charter or wealth v. Hart, 2 Brewst. 546.

by-laws not having defined such offence among the The prisoner's intoxication will not affect the grade causes of expulsion, and the member not having been of crime, unless so great as to render him unable to charged or convicted of being drunk more than once. form a wilful, deliberate and premeditated design to Commonwealth v. Association, 1 Montg. 101. A conkill, or incapable of judging of his acts and their con- tract made by an intoxicated person, who does not Sequences. Keenan v. Commonwealth, 44 P. S. 53. know the consequences of his act, is voidable. Bush Commonwealth v, Crozier, 1 Brewst. 343. Common- v. Brevig, 113 P. S. 310. wealth V. Miller, 4 Phila. 195. Commonwealth v. (e) He must be taken to the station-house for a Fletcher, 33 L. I. 13. Intoxication, though not an ex- hearing; see the act 20 April 1869, P. L. 1187. cuse for crime, if it deprive the intellect of the power (9) See supra, pl. 22. to think, and weigh the nature of the act, may reduce (h) There can be no recovery for the price of imtenced to pay a fine of fifty dollars, and confinement in the house of correction or

Punishment.

14 April 1863 $ 1.

47. It shall be unlawful for any person or persons to make use of any active P. L. 889.

poison, or other deleterious drugs, in any quantity or quantities, in the manuiactPenalty for adul- ure or preparation, by process of rectifying or otherwise, of any intoxicating, malt teration.

or alcoholic liquors, or for any person or persons to knowingly sell such poisoned or drugged liquors in any quantity or quantities; and any person or persons so offending sh

be dee guilty of a misdemeanor. Ibid. $ 2. 48. It shall be the duty of any person or persons engaged in the manufacture Barrel to be

and sale of intoxicating malt or alcoholic liquors, or in rectifying or preparing the branded. same in any way, to brand on each barrel, cask or other vessel containing the same,

the name or names of the person or persons manufacturing, rectifying or preparing the same, and also these words, “ containing no deleterious drugs or added poison;" and shall also certify the same fact or facts to the purchaser, over his, her

or their own proper signature. Ibid. § 3. 49. If any barrel, cask or other vessel, containing any such drugged or poisoned

liquor, shall be found in possession of any person or persons designated in sections Possession of drugged liquor. one and two, it shall be deemed primâ facie evidence of a violation of the provisions

of this act. Ibid. $ 4. 50. Any suspected article or specimen of intoxicating, malt or alcoholic liquor Analyzation.

shall be subjected to analysis by some competent person to perform the same, under the direction of the court before which the case is tried ; and such analysis, duly certified under oath, shall be deemed legal evidence in any court in this state: Provided, That upon any preliminary examination before any justice of the peace, mayor or other magistrate or competent authority for the purpose of binding over, such otficer may order the inspection aforesaid to be made, and make such order as may be necessary to preserve the evidence of the offence until the trial of

the offender. Ibid. $5.

51. Any person offending against any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment not exceeding twelve months, or both or either, in the discretion of the court.

XV. Local option. (i) 8 May 1871 $ 1. 52. At the next annual municipal election in the twenty-second ward of the city P. L. 522.

of Philadelphia, and at the annual municipal elections every third year thereafter, Voting in certain shall be the duty of the inspectors and judges of election in the said ward to rewards in Philadel- ceive tickets, either written or printed, from the legal voters of said ward, labelled phía.

on the outside “license,” and on the inside, “for license” or “against license," and to deposit said tickets in a box provided for that purpose by said inspectors and judges, as is required by law, in case of other tickets received at said election; and the tickets so received shall be counted, and a return of the same made to the clerk of the court of quarter sessions of the city and county of Philadelphia, duly certified by the return judges of said ward; which certificate shall be filed with the

other records of said court. Ibid. & 2. 53. It shall be the duty of the constables of said ward to give due public notice,

by printed handbills throughout the ward, of such special election above provided Notice of election.

for, thirty days previous to the time of holding the next annual municipal election, at which time the question of license or no license will be submitted to the roters of said ward; also thirty days' notice for the annual municipal election every third

year thereafter. Ibid. $ 3.

54. In receiving and counting, and in making returns of the votes cast, the inDuties of officers. spectors, judge and clerks of said election shall be governed by the laws of this

commonwealth regulating general elections; and all penalties of said election laws are hereby extended to, and shall apply to voters, inspectors, judges and clerks act

ing at and in attendance upon the elections held under the provisions of this act. Ibid. & 4. 55. Whenever, by the returns of election in the twenty-second ward of the city

of Philadelphia, it shall appear that there is a majority against license, it shall not be lawful for any license to issue for the sale of spirituous, vinous, malt or other intoxicating liquors in said ward at any time thereafter, until at an election, as above provided, a majority of the voters of said ward shall vote in favor of a

license. Ibid. $ 5. 56. Any person who shall hereafter be convicted of selling or offering for sale in

the twenty-second ward of the city of Philadelphia any intoxicating liquors, spirselling without ituous, vinous, malt or other intoxicating liquors without a license, shall be sen

When license not to issue.

Punishment for

license.

pure and adulterated liquors. Glenn v. Keenan, 9 tion must be clear and convincing to constitute a deW. N. C. 170. And see Myers v. Kahn, 1 Ibid. 106. fence. Rothschild v. McGrath, 29 Pitts. L. J. 461. Freiberg v. Kahn, Ibid. 221. Reid v. Déarie, 11 Luz. (i) See act 12 May 1887, § 19. The act 9 April L. Reg. 4. "In a suit for the price of liquors sold, the 1867, P. L. 825, authorized the electors of McKean least adulteration which impairs their quality of county to vote for or against a law prohibiting the value is a full defence under the statute. Clohessy v. granting of liquor licenses. See acts 9 April 18, Roedelheim, 99 P. S. 60. In an action upon a note P. L. 799, and 13 April 1869, P. L. 915, as to the given for the price of liquors, the proof of adultera- borough of Tarentum in Allegheny county, and the act

7 July 1870, P. L. 1325, as to Jefferson county.

P. L. 257.

be drunk on

county jail for the period of six months for the first offence; and for the second

8 May 1871 & 5. and each subsequent offence a fine of one hundred dollars and confinement in the P. L. 522. house of correction or county jail for the period of one year.(ii)

XVI. Wholesale licenses.(k) 57. All wholesale dealers, brewers, distillers,(l) rectifiers, compounders, store- 9 June 1891 $ 1. keepers and agents having stores or offices within this commonwealth, dealing in intoxicating liquors, either spirituous, vinous, malt or brewed, shall pay for each Wholesale separate store, brewery, distillery, rectifying or compounding establishment or licenses regulated. agency an annual license; in cities of the first and second classes the sum of one thousand dollars, and in cities of the third class the sum of five hundred dollars ; in all other cities the sum of three hundred dollars; in boroughs the sum of two hundred dollars, and in townships the sum of one hundred dollars, which sum shall be paid into the state treasury for the use of the commonwealth. In all cities à bottler's license shall hereafter be three hundred dollars, in all bor- Bottler's license. oughs two hundred dollars, and in townships one hundred dollars :(m) Provided, That distillers and brewers shall be permitted to deliver their products within the Delivery of prodcounty where the license is granted, and all wagons used for the purpose of deliv- uets by distillers ering any spirituous, malt or brewed liquors, or any admixture thereof, shall have

How wagons shall marked on the sides thereof the name of the licensee and the number of his license be marked. in letters and figures not less than four inches in length.

58. Licenses may be granted only by the court of quarter sessions of the proper Ibid. $ 2. county and shall be for one year from a date fixed by rule or standing order of said court. The said court shall fix by rule or standing order a time at which Licenses to be application for said licenses shall be heard, at which time all persons applying or year. making objections to applications for licenses may be heard by evidence, petition, Court shall fix remonstrance or counsel: Provided, That it shall not be lawful for any rectifier, time for henring. compounder, distiller or manufacturer to sell spirituous liquors in less quantities Minimum quanthan one gallon, nor any wholesale dealer or storekeeper to sell any spirituous or tity that may be

. vinous liquors in less quantities than one quart, and brewed or malt liquors in less quantities than twelve (12) pint bottles, nor shall any brewer or bottler sell less than twelve (12) pint bottles of brewed or malt liquors. He or she or they shall Liquors shall not not allow any liquors sold by him, her or them to be drunk upon the premises

premises. where sold, nor any place provided by such seller for that purpose.(n) 59. Every person intending to apply for a license as aforesaid, in any city or

Ibid. & 3. county of this commonwealth, from and after the passage of this act, shall file with

Time for filing the clerk of the court of quarter sessions of the proper county his, her or their peti- petition. tion at least three weeks before the first day of the sessions of the court at which the same is to be heard, and shall at the same time pay said clerk five dollars for Fee to clerk. expenses connected therewith; and said clerk shall cause to be published three Publication. times in two newspapers designated by the said court a list containing the names

(ii) This act is extended to the twenty-ninth ward the necessity where the application is for a wholesale of the city of Philadelphia by act 20 March 1872, P. L. license. Reigner's License, 11 C. C. 401. The court 463, except that the increased punishment is applied may refuse an application for a wholesale license, and to the third offence instead of the second; it is ex- file its opinion even after the filing of a certiorari. tended to the thirteenth ward by the act 23 March Meads' Appeal, 34 W. N. C. 373. 1872, P. L. 515; to the fifteenth ward by the act 23 Where the petition, bond and other papers of an March 1872, P. L. 522; to the fourteenth ward by the applicant for a distiller's license, are in accordance act 23 March 1872, P. L. 540; to the twenty-first ward with the requirements of this act, and no remonby the act 3 April 1872, P. L. 748, except that the pun- strance is filed, the court has power to consider the ishment for the first offence is a fine of fifty dollars questions of the necessity of the license and the fitness and thirty days, for the second offence fifty dollars of the applicant, but it cannot act arbitrarily and and six mouths, and for the third and each subsequent refuse a license without any expression of opinion. offence one hundred dollars and one year; it is ex- Johnson's License, 156 P. S. 322. tended to the twentieth ward by the act 3 April 1872, Under what circumstances a distiller's agent may P. L. 862. The punishments prescribed by these acts be convicted of the unlawful sale of liquors. Stewart are probably supplied by the general act of 13 May v. Commonwealth, 117 P. S. 378. A distiller cannot 1887, § 15.

sell by the gallon without a license from the quarter (k) The act 24 May 1887, P. L. 194, which this act sessions. Commonwealth v. Sweitzer, 129 P. S. 644. supplies, was held to be constitutional, and it was But see the act 20 June 1893, P. L. 474, infra 65–67, further held, that the discretion of the court is a under which act it has been held by the attorneyqualified limited discretion and must be contined to general that distillers need only pay their annual tax the inquiries, whether the applicant is a citizen, to the county treasurer, upon the payment of which whether he is of temperate habits, and whether he is they are entitled to a receipt which will enable them of good moral character. If no remonstrance is made to sell for one year. alleging such disqualifications, the court is bound to (m) A driver who takes and fills orders in one grant a license, and if refused the supreme court will, county for his employer, who has a bottler's license in by mandamus, direct it to be granted. Brewing Co.'s another county, is guilty of selling without a license. Application, 24 W. N. C. 177. Pollard's Application, Commonwealth v. Holstine, 132 P. S. 357. A licensed Ibid. 181. See In re Licenses, Ibid. 198. The court bottler may sell to any retail dealer in any part of the cannot grant a license to a non-resident brewer's commonwealth if the sales be made at the bottler's agent. Risser's Application, 6 C. C. 270.

place of business in the county for which his license is (1) A corporation is entitled to a brewer's license granted. Commonwealth v. Hess, 148 P. S. 98. Comunder this act; it is not necessary that the charter be monwealth v. Brauninger, Ibid. 111. Commonwealth recorded in the recorder's office before filing the V. Viller, Ibid. 113. petition. Gulf Brewing Co.'s License, 11 C. C. 346. (n) This act applies to dealers whose licenses were

The court has no discretion under this act, as to granted before the passage of the act. Commonwealth distillers and brewers; it may, however, inquire into v. Donahue, 149 P. S. 104.

P. L. 257.

Contents of

9 June 1891 8 8. of all such applicants, their respective residences and the place for which applica

tion is made. The first publication shall be not less than fifteen nor more than First publication. twenty-five days before the time fixed by the court. Ibid. § 4. 60. Said petition shall contain:

First. The name and present address of applicant and how long he has there petition.

resided.

Second. The particular place for which a license is desired.

Third. The place of birth of said applicant, and, if a naturalized citizen, where and when naturalized,

Fourth. The name of owner of premises.

Fifth. That the place to be licensed is necessary for the accommodation of the public: Provided, That the provisions of this section as to whether the place to be licensed is necessary shall not apply to a brewer or distiller.

Sixth. That none of the applicants are in any manner pecuniarily interested in the profits of the business conducted at any other place in said county where any of said liquors are sold or kept for sale, excepting those engaged or interested in the distilling or brewing business, who shall not be debarred from obtaining a wholesale dealer's license under this act by reason of their interest in any distilling or brewing business.

Seventh. That none of the applicants are in any manner pecuniarily interested in the profits of the business conducted at any other place in said county where any of said liquors are sold or kept for sale, but the ownership of stock in an incorporated company distilling or brewing said liquors, shall not debar the owner thereof from obtaining a license under this act.

Eighth. That the applicant is the only person in any manner pecuniarily interested' in the business so asked to be licensed, and that no other person shall be in any manner pecuniarily interested therein during the continuance of the license.

Ninth. Whether applicant or any of them has had a license for the sale of liquors in this commonwealth during any portion of the year preceding this application revoked.

Tenth. The name of no less than two reputable freeholders of the county where the liquors are to be sold, who will be his, her or their sureties on the bond which is required, and a statement that each of said sureties is a bonâ fide owner of real estate in the said county worth over and above all incumbrances, the sum of two thousand dollars, and that it would sell for that much at public sale, and that he is not engaged in the manufacture of spirituous, vinous, malt or brewed liquor.

Eleventh. This petition must be verified by affidavit of applicant made before the

clerk of the court, a magistrate, notary public or justice of the peace, and if any Penalty for false false statement is wilfully made in any part of said petition, the applicant or appli

. cants shall be deemed guilty of the crime of perjury, and upon indictment and

conviction shall be subject to its penalties. Ibid. $ 5. 61. There shall be annexed to such petition, a certificate signed by at least

twelve reputable qualified electors of the county in which such liquors are to be sold, setting forth that they have been acquainted with the applicant or applicants, that they have good reason to believe that each and all the statements contained in the petition are true, and they therefore pray that the prayer of said petitioner be

granted, and that the license prayed for issue. Ibid. $ 6.

62. The said court of quarter sessions shall hear petitions from residents of the county, in addition to that of the applicant, in favor of and remonstrance against

the application for such license, and in all cases shall refuse the same whenever in petitions and re

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, or that the applicant or applicants is or are not fit Licenses may be persons to whom such license should be granted, and upon sufficient cause being

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

said license. Ibid. $ 7. 63. If any person or persons shall neglect or refuse to pay to the city or county

treasurer the sum of money directed in sections one or three, within fifteen days

after his, her or their application for license has been granted by said court, then fifteen days after

and in that case the said grant shall be deemed and held revoked and no license

issued. It shall be the duty of the person or persons whose application has been granted.

granted by the said court, to pay the said sum of money to the said treasurer within the said fifteen days, and forthwith produce to and file with the clerk of court, the receipt of the said treasurer thereof, and upon any default the said clerk shall forthwith inark the said application and grant " revoked.”

61. That the license shall not be issued to any person or persons until he, she or Ibid. $ 8.

they 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, conditioned for the faithful observance of all the laws of this commonwealth relating to selling or

Affidavit.

statement.

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Certificate of at least twelve citizens.

Court shall hear

monstrance.

revoked.

License must be paid for within

the same is

Bond to the commonwealth. Sureties, Condition,

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