4 family, and the opening or maintaining of any such connection or 5 means of communication shall render the license void. 1 SECTION 38. No licenses for the sale of spirituous or intoxicating License to sell in public 2 liquors shall be granted to be exercised in public parks, pleasure parks. 3 grounds or reservations. 1 1897, 207, § 1. hibited in times 1887, 365. SECTION 39. The mayor of a city and the selectmen of a town sales pro2 may, in cases of riot or great public excitement, order persons who of riot. 3 hold licenses of the first three classes not to sell, give away or 4 deliver any intoxicating liquor on the licensed premises for a period 5 not exceeding three days at any one time. Whoever, himself or by 6 his agents or servants, sells, gives away or delivers any intoxicating 7 liquor in violation of an order given under the provisions of this 8 section shall be punished by a fine of two hundred dollars for each 9 offence, and upon conviction, his license shall become null and void. 1 closing for common victuallers. SECTION 40. A common victualler who holds a license under Hours of 2 the provisions of this chapter shall keep the licensed premises 3 closed between the hours of twelve at night and five in the morning. 1882, 242, § 1. 1 days forbid 1888, 254. 1895, 337. SECTION 41. A common victualler who holds a license of the Sales on holi2 first three classes and any person who holds a license of the fourth den. 3 or fifth class shall not sell, give away or deliver any intoxicating 1,347 4 liquor on the licensed premises on any legal holiday as defined in 1,130, $5. 5 section five of chapter eight, and an innkeeper who holds a license 1896, 162, § 2. 6 of the first three classes shall not, on any of said days, sell, give 1897, 160. 7 away or deliver any intoxicating liquor in his inn except to duly 8 registered guests. 1896, 308. 152 Mass. 508. 1 BOND AND TRANSFERS OF LICENSES. SECTION 42. A license shall not be issued until the license fee 2 has been paid to the treasurer of the city or town by which it is to 3 be issued, nor until he has received a satisfactory bond, payable to 4 him as such treasurer, in the sum of one thousand dollars, signed 5 by the licensee and sufficient surety or sureties, who shall be jointly 6 and severally liable, and conditioned for the payment of all costs, 7 damages and fines which may be incurred by a violation of the pro8 visions of this chapter. Separate actions may be brought on such 9 bond by any person at his own expense. Such bond, after ap10 proval, shall be filed in the office of the city or town clerk, and a 11 certified copy thereof shall be admissible in evidence. No such 12 bond shall be accepted or approved until each surety has made and 13 subscribed a statement under oath that he is worth not less than two 14 thousand dollars over and above all liabilities and indebtedness, 15 and the statement so made shall designate sufficient property, real 16 or personal, to cover the requirement of the bond and shall be 17 kept on file with the bond in connection with which said statement 18 is made. The bond to be taken in each case may be in the follow19 ing form: Sureties on bonds of licensees. 1894, 388. 1896, 169. Transfer of licenses. 1889, 344. Proportion of fees to be paid to commonwealth. 1868, 141, § 12. 1875, 99, § 10. P. S. 100, § 14. 1897, 233. 1898, 361. to which payment well and truly to be made we bind ourselves and our legal representatives. day of A.D. 19. Sealed with our seals this The condition of this obligation is such, that whereas the above bounden A. B. has this day been licensed by License No. by the mayor and aldermen (board of police or board of license commissioners) of the city of (or the selectmen of the town of) in the county of now if the said A. B. shall well and truly comply with all the provisions of law under which said license is issued, and shall also pay all damages incurred by violation of such provisions of law, then this bond shall be void; but otherwise in force. Executed in presence of SECTION 43. No person, except a corporation organized for the 1 purpose of acting as surety on bonds and duly qualified to do 2 business in this commonwealth, shall be accepted as surety upon 3 more than ten bonds which may be given under the provisions of 4 the preceding section. Each surety, except as aforesaid, shall 5 make a written statement, under oath, that he is not a surety upon 6 more than nine other bonds given under the provisions of said 7 section, and such statement shall be kept on file with the bond. 8 SECTION 44. Licensing boards may transfer licenses from one 1 location to another within the city or town in which such licenses 2 are in force; but such transfer shall be granted only to the original 3 licensee, and like notice shall be given, the same provisions shall 4 apply, and other proceedings shall be the same as are required 5 upon the granting of licenses, except that no new license fee shall 6 be required. 7 SECTION 45. The treasurer of a city or town shall, within thirty 1 days after the receipt of money for licenses for the sale of intoxi- 2 cating liquors, make a return of the amount thereof to the treasurer 3 and receiver general and at the same time shall pay to him one-fourth 4 of the amount so received, and for neglect thereof he shall pay 5 interest at the rate of six per cent per annum on the amount of such 6 receipts from the time they become due until they are paid. 7 Entry on licensed prem ises for examination. 1868, 141, § 14. 1875, 99, § 11. 126 Mass. 269. PENALTIES FOR ILLEGAL SALE OR TRANSPORTATION. CIVIL DAMAGES. SEIZURE. SECTION 46. The mayor and aldermen of a city, the selectmen 1 of a town, or any police officer or constable specially authorized by 2 either of them, may at any time enter upon the premises of a 3 P. S. 100, § 15. person who is licensed under the provisions of this chapter, to 4 ascertain the manner in which such person conducts his business 5 and to preserve order. Such police officer or constable may at any 6 time take samples for analysis from any liquors kept on such prem- 7 ises, and the vessel or vessels containing such samples shall be 9 sealed on the premises by the seal of the vendor, and shall remain 8 so sealed until presented to the assayer for analysis. The city or 10 town shall pay for the samples so taken, if such liquors are found 11 to be of good quality and free from adulteration. 12 1 license. 19. 20. P. S. 100, § 16. 1894, 428, § 4. SECTION 47. The licensing board, after notice to the licensee and Forfeiture of 2 reasonable opportunity for him to be heard by them or by a com- 1868, 141, §§ 9, 3 mittee of the mayor and aldermen or selectmen, if the license was 1875, 99, §§ 12, 4 granted by them, may declare his license forfeited, upon satisfactory 1878, 244, § 2. 5 proof that he has violated or permitted a violation of any condition 15, 2 6 thereof. The pendency of proceedings before a court or justice 1 Mass. 110. 7 shall not suspend or interfere with the power herein given to decree 12 Mass. 76, 8 a forfeiture. If the license is declared to have been forfeited, the 163 Mass. 472. 9 licensee shall be disqualified to receive a license for one year after the 10 expiration of the term of the license so forfeited, and if he is the 11 owner of the premises described in such forfeited license, no license 12 shall be issued to be exercised on said premises for the residue 13 of the term thereof. 1 145 Mass. 216. sale into places are not granted. G. S. 86, § 37. SECTION 48. No person shall bring any spirituous or intoxicat- Liquors not to 2 ing liquor into a city or town in which licenses of the first five classes be brought for 3 are not granted, with intent to sell it himself or to have it sold by 4 another, or having reasonable cause to believe that it is intended 5 to be sold in violation of law; and any liquor which is transported 6 contrary to the provisions of this section shall be forfeited to the 7 commonwealth; but the provisions of this section shall not apply to 8 the transportation of spirituous liquor through a town to a place 9 beyond. where licenses 1855, 215, § 20. 1869, 415, § 39. 1879, 221 143 Mass. 467. 158 Mass. 199. 1878, 207, § 1. P. S. 100, § 17. 154 Mass. 55. transporta tion into no license cities, 1 SECTION 49. Spirituous or intoxicating liquor which is to be 2 transported for hire or reward for delivery in a city or town in 3 which licenses of the first five classes are not granted, shall be deliv- et 1897, 271, § 1. 4 ered by the seller or consignor to a railroad corporation or to a 172 Mass. 311. 5 person or corporation regularly and lawfully conducting a general 6 express business, in vessels or packages plainly and legibly marked. 7 on the outside with the name and address, by street and number, if 8 there be such, of the seller or consignor, and of the purchaser or 9 consignee, and with the kind and amount of liquor therein contained. 10 Delivery of such liquors or any part thereof by a railroad corpo11 ration, by a person or corporation regularly and lawfully conducting 12 a general express business or by any other person to a person, 13 other than the owner or consignee, whose name is marked by the 14 seller or consignor on said vessels or packages, or at any other place 15 than is thereon marked, shall be deemed to be a sale by any person 16 making such delivery to such person in the place in which such 17 delivery is made. 1 receipt, etc., SECTION 50. Every railroad corporation and every person or Record of 2 corporation regularly and lawfully conducting a general express to be kept. 3 business, receiving spirituous or intoxicating liquor for delivery, 1897, 271, § 2. 4 or actually delivering intoxicating liquor to any person or place in 5 a city or town described in the preceding section, shall keep a book, 6 and plainly enter therein the date of the reception by it or him of 7 each vessel or package of such liquor received for transportation, 8 and a correct transcript of the marks provided for by said section, 9 and the date of its delivery by it or him, and the name of the person 10 to whom it was delivered shall be signed to the same as a receipt; 11 and said. book shall at all times be open to the inspection of the 12 officers named in section twenty-seven. Such officers shall not Seizure of certain packages. 1897, 271, § 3. 172 Mass. 311. Solicitation of orders prohibited. 1897, 271, § 4. Penalties. 1832, 166, §§ 1-3, 15. R. S. 47, §§ 1-4, 27. 17. G. S. 86, §§ 30, *31, 34. 1868, 141, § 18. make public the information obtained by such inspection except in 13 connection with the enforcement of law. 14 SECTION 51. All vessels or packages containing intoxicating 1 liquor which are addressed contrary to the provisions of section 2 forty-nine, or to a fictitious person, or to a person unknown or who 3 cannot be found, may be seized by any officer qualified to serve 4 criminal process, and shall, with the liquor contained therein, be 5 forfeited to the commonwealth. 6 SECTION 52. No person shall solicit orders for or purchases of 1 intoxicating liquors in a city or town in which licenses of the first 2 five classes are not granted. 3 SECTION 53. Who ever violates any provision of his license or of 1 this chapter shall, unless otherwise expressly provided, be punished 2 by a fine of not less than fifty nor more than five hundred dollars, 3 1855, 215, §§ 15, and by imprisonment for not less than one nor more than six months; 4 and such conviction of a licensee shall render any license to him of 5 the first five classes, of the seventh class, and, if for a violation of 6 sections twenty-five to twenty-seven, inclusive, a license of the sixth 7 class, void. Such licensee shall be disqualified to hold a license for 8 one year after his conviction, and, if he is the owner of the licensed 9 premises, no license shall be exercised on the premises described in 10 the forfeited license during the residue of the term thereof. 36. 1875, 99, § 13. 32, 1878, 207, § 2. 1889, 114; 347. Same subject. 1882, 221, § 4; 242, § 2. 1896, 397, § 16. 1897, 398, § 6. Disposition of prosecutions regulated. 1855, 215, § 35. G. S. 86, § 58. 1865, 223, § 1. 1875, 43, § 1. 1885, 359. 1897, 207, § 2; 271, §5; 487, § 1. 147 Mass. 577. 150 Mass. 325. 156 Mass. 233. 175 Mass. 567. 11 SECTION 54. Whoever violates the provisions of sections forty 1 and seventy, or being a retail druggist or apothecary violates the 2 provisions of sections twenty-five to twenty-seven, inclusive, or 3 being a licensee of the seventh class, violates the provisions of sec- 4 tions twenty-seven or thirty-two or sells pure alcohol for any other 5 than mechanical, manufacturing or chemical purposes, shall be 6 punished by a fine of not less than fifty nor more than five hundred 7 dollars or by imprisonment for not less than one nor more than six 8 months, or by both such fine and imprisonment. A licensee who 9 violates any provision of his license shall in addition to said penalties 10 forfeit his license and be disqualified to hold a license for one year 11 after his conviction, and if he is the owner of the licensed premises, 12 no license shall be exercised on the premises described in the for- 13 feited license during the residue of the term thereof. 14 5 SECTION 55. A prosecution for the violation of any provision of 1 law relative to intoxicating liquors shall not, unless the purposes of 2 justice require such disposition, be placed on file or disposed of ex- 3 1969, 415, 6o. cept by trial and judgment according to the regular course of 4 criminal proceedings. It shall be otherwise disposed of only upon motion in writing stating specifically the reasons therefor and veri- 6 ified by affidavit if facts are relied on. If the court or magistrate 7 certifies in writing that he is satisfied that the cause relied on exists 8 and that the interests of public justice require the allowance there- 9 of, such motion shall be allowed and said certificate shall be filed in 10 the case. 11 board to be convictions. 1 SECTION 56. Upon the conviction of a holder of a license for Licensing 2 the sale of intoxicating liquors of the violation of any law relative notified of 3 to the business he is licensed to pursue, the court in which or the 1880, 249. 4 magistrate before whom he has been convicted shall send to the P. S. 100, § 19. 5 board which issued the license a certificate under seal, showing 6 the time and place of such conviction. building to be convictions. 1 SECTION 57. Upon the conviction of a person of the illegal Owner of 2 keeping or sale of intoxicating liquor, the court or magistrate by notified of 3 whom he has been convicted shall issue and cause to be served 1876, 162, § 16. 4 upon the owner of the building used for such illegal keeping or sale, P. S. 100, § 20. 5 if he resides within the jurisdiction of such court or magistrate 6 and is not the person so convicted, a written notice that the tenant 7 of said building has been convicted as aforesaid; and a return 8 thereof shall be made to the court or magistrate issuing it. Such 9 notice, so served, shall be deemed to be due and sufficient notice, 10 under the provisions of section eleven of chapter one hundred and 11 one. for damages person. G. S. 86, § 39. § 1880, 239, § 4. P. S. 100, §§ 21, 130 Mass. 158, 133 Mass. 86. 147 Mass. 409, 156 Mass. 21. 152 Mass. 405. 157 Mass. 333. 1 SECTION 58. A husband, wife, child, parent, guardian, employer Civil liability 2 or other person who is injured in person, property or means of caused by 3 support by an intoxicated person, or in consequence of the intoxi- intoxicated 4 cation, habitual or otherwise, of any person, shall have a right of 1855, 215, § 22. 5 action in his or her own name, jointly or severally, against any 189,415,841 6 person or persons who, by selling or giving intoxicating liquor, 1879, 297, § 1. 7 have caused in whole or in part such intoxication; and any person 1880, 256, § 1. 8 or persons who own, rent, lease, or permit the occupation of any 23. 9 building or premises, and have knowledge that intoxicating liquor. 10 is to be sold therein, or who, having leased the same for other 2 Mass. 567. 11 purposes, knowingly permit therein the sale of intoxicating liquor, 12 shall, if any such liquor sold or given therein causes in whole or 13 in part the intoxication of a person, be liable jointly or severally 14 with the person or persons who sell or give intoxicating liquor as 15 aforesaid, for all damages sustained; and the same may be recovered 16 in an action of tort; but a lessor of real estate shall not be liable for 17 such damages if the occupant holds a license for the sale of such 18 liquor; and an owner or lessor of any building or premises held 19 under lease on the thirtieth day of April in the year eighteen hun20 dred and seventy-nine shall not be liable, under the provisions of 21 this section, for any damage resulting from the lawful sale or giving 22 away of spirituous or intoxicating liquor on said premises during 23 the term of such lease. A married woman may bring such action 24 in her own name, and all damages recovered by her shall inure 25 to her separate use; and all damages recovered by a minor shall be 26 paid either to such minor, or to such person in trust for him, and on 27 such terms, as the court may order. Upon the death of either 28 party, the action and right of action shall survive to or against 29 his executor or administrator. The party injured, or his or her 30 legal representative, may bring either a joint action against the 31 person intoxicated and the person or persons who furnished the 32 liquor, or a separate action against either. If a judgment, which 33 may be recovered under the provisions of this section against a 34 licensee, remains unsatisfied for thirty days after the entry thereof, 35 the board which granted his license shall revoke it; and no license |