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trict, county or place where such offense shall have been committed, to be applied to the support of the poor and the other moiety thereof to the prosecutor who shall sue for the same.

No person shall be capable of holding, at the same time, the office of Justice of the peace and prothonotary and clerk of the courts.

Nor of associate judge and justice of the peace.

Nor of county commissioner, school-director or board of health.

Nor of school-director, constable, path-master or commissioner of roads, and that of township or borough auditor.

No alderman or attorney-at-law to be county prison inspector.

No district attorney can hold any other office under the laws and Constitution of the State.

Members of the Legislature cannot be councilmen in an incorporated city. No member of council is eligible to any office, employment, or agency chosen by council during the term for which he was elected to council.

No person can, at one time, be a member of more than one of the following bodies, viz:

City council, guardians of the poor, board of health, and inspector of the county prison,

Members of council cannot hold any other city or county office in the choice of the people.

No Senator or Representative can be appointed to any civil office during the term for which he was elected.

No person holding any other office, shall, at the same time, be a member of either House.

RETAIL LIQUOR LICENSE LAW, 1887.

AN ACT

To restrain and regulate the sale of vinous and spirituous, malt or brewed liquors, or any admixture thereof.

SEC. 1. Be it enacted, &c., That it shall be unlawful to keep or maintain any house, room or place, hotel, inn or tavern where any vinous, spirituous, malt or brewed liquors, or any admixture thereof, are sold by retail, except a license therefor shall have been previously obtained, as hereinafter provided.

SEC. 2. Licenses for the sale of vinous, spirituous, malt or brewed liquors at retail, in quantities not exceeding one quart, shall only be granted to citizens of the United States of temperate habits and good moral character.

SEC. 3. Such licenses may be granted only by the court of quarter sessions of the proper 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 application for said licenses shall be heard, at which time all persons applying or making objections to applications for licenses may be heard by evidence, petition, remonstrance or counsel; Provided. That licenses under previous laws shall not be granted later than June thirtieth of this year.

SEC. 4. Every person intending to apply for a license as aforesaid in any city or county of this Commonwealth, from and after the passage of this act, shall file with the clerk of the court of quarter sessions of the proper county his, her or their petition, 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 clerks five dollars for expenses connected therewith; and said clerk shall cause to be published three times in two newspapers, designated by the said court, a list containing the names of all such applicants, their respective residences and the place for which application is made; the first publication shall be not less than fifteen nor more than twenty-five days before the time fixed by the court; Provided, That no license shall be granted, · under the provisions of this act, to any person to sell in any room where groceries are sold at wholesale or retail: Provided also, That, 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 a list of mercantile taxes, all licensed and unlicensed hotels, taverns, inns, restaurants or saloons, engaged in selling intoxicating liquors, and shall also return a duplicate list of said licensed and unlicensed hotels, taverns, inns, restaurants or saloons, to the clerks of the court of quarter sessions, and the said list of licensed and unlicensed hotels, taverns, inns, restaurants or saloons shall be published in the manner now prescribed for the publication of mercantile appraisers' lists, and said list shall contain the name and amount paid by each licensee, and a list of every unlicensed hotel, tavern, inn, restaurant or saloon; and 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 unlicensed hotel, tavern, inn, restaurant or saloon, together with the location thereof; and it shall be the duty of the district attorney to forthwith proceed to prosecute each and every offender according to law. And for each and every license granted by the court for any hotel, tavern, inn, restaurant or saloon, the mercantile appraisers shall receive the sum of two dollars and fifty cents, the said sum to be paid by the applicant or applicants for said license.

SEC. 5. Said petition shall contain,

First. The name and present residence of applicant, and how long he has there 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;

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;

Seventh. 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:

Eighth. 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 ·

Ninth. The names of no less than two reputable freeholders of the ward or township where the liquor is 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 bona fide owner of real estate in the said county worth over and above ali 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 liquors;

Tenth. 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 false statement is made in any part of said petition, the applicant or applicants shall be deemed guilty of the crime of perjury, and upon indictment and conviction shall be subject to its penalties.

SEC. 6. There shall be annexed to such petition a certificate, signed by at least twelve reputable qualified electors of the ward, borough or township 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.

SEC. 7. The said court of quarter sessions shall hear petitions from residents of the 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 the same whenever, 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 travelers, or that the applicant or applicants is or are not fit 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 the said li

cense.

SEC. 8. That 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, inn or tavern, shall be classified and required to pay annually for such privileges, as follows: Persons licensed to sell by retail, resident in cities of the first, second and 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 sum of one hundred and fifty dollars; those resident in townships shall pay the sum of seventy-five dollars; which sum shall be divided in portions as follows: In cities of the first class four-fifths shall be paid for the use of the city and county, and one-fifth for the use of the Commonwealth; in cities of the second and third class, twofifths shall be paid for the use of the city, two-fifths for the use of the proper county, and one-fifth for the use of the Commonwealth; in all other cities or boroughs three-fifths shall be paid for the use of such city or borough, onefifth for the use of the proper county, and one-fifth for the use of the Commonwealth; in townships one-half shall be paid for the use of the township, onefourth for the use of the proper county, and one-fourth for the use of the Commonwealth. The sums so paid for the use of the townships to be applied to keeping the roads of such township in good repair: Provided, That counties,

cities, boroughs and townships receiving parts of said licenses shall bear their proportionate share of the expenses attending the collection of the same: And provided further, That the treasurers of the several counties shall appropriate for their own use the same commissions on the amounts retained for the use of their respective counties, as they are now authorized to retain by law out of the moneys they returned to the State.

SEC. 9. If any person or persons shall neglect or refuse to pay to the city or county 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 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 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 therefor, and upon any default the said clerk shall forthwith mark said application and grant "revoked."

SEC. 10. That the license shall not be issued to any person or persons until he, she or 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 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 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.

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

SEC. 12. It shall be the duty of each constable in the county to visit, at least once in each month, all places within their respective jurisdictions where any of said 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.

SEC. 13. 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.

SEC. 14. 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, and defense may be taken in said cases against such recovery without special plea of notice.

SEC. 15. Any person who shall hereafter be convicted of selling or offering for sale, any vinous, spirituous, malt or brewed liquors, or any admixture thereof, without a license, shall be sentenced to pay a fine of not less than five hundred dollars, nor more than five thousand dollars, and undergo imprisonment in the county jail of not less than three months nor more than twelve months. Any person having license, who shall hereafter be convicted of violating any 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 offense whereof he shall be convicted, of not less than three hundred, nor more than one thousand dollars; and for any third offense whereof he shall be convicted, a fine of not less than five hundred nor more than five thousand dollars, and undergo 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 offense shall not again be licensed in any city or county of the Commonwealth, and the license of any person permitting 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.

SEC. 16. That druggists and apothecaries shall not be required to obtain license under the provisions of this act, but they shall not sell intoxicating liquors except upon the written prescription of a regularly registered physician; alcohol, however, or any preparations containing the same may be sold for scientific, mechanical or 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 spirtuous, 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.

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