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 Ibid. § 3. Responsibility in damages. 12 April 1875 § 7. P. L. 41. Selling to inebriates after notice. Damages. 12 April 1875 § 1. P. L. 48. Sale prohibited. Ibid. § 2. Penalty. Ibid. § 3. Duties of constables. Ibid. § 4. Disorderly behavior. Ibid. § 5. this act. 33. Any person furnishing intoxicating drinks to any other person, in violation of any existing law, or of the provisions of this act, shall be held civilly responsible for 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) 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 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, recover of the person notified any sum not less than fifty nor more than five hundred 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. XII Sale near encampments. 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 purpose of selling, giving or otherwise disposing of any spirituous, vinous or malt liquors 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 during the time of holding such encampment or reunion. 36. Any person or persons violating any of the provisions of this act shall be 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 împrisonment, 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 application 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. 38. Any person wilfully violating any of the rules and regulations adopted for the government of such encampment, by the commandant thereof, and applying only to the grounds occupied by such encampment, shall be deemed guilty of disorderly 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. 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 her usual place of business named in such license, and in accordance with the law. Licensed inn (b) A widow may maintain an action against an innkeeper for unlawfully furnishing liquor to her husband, when intoxicated, in consequence whereof he fell under the wheel of his wagon and was killed. Fink v. Garman, 40 P. S. 95. It is no defence that the vendor did not know that the purchaser was drunk. Cundy v. Le Cocq, 32 Am. L. Reg. 768. (c) Extended to camp-meetings by act 8 May 1878, P. L. 46; which act is constitutional. Commonwealth v. Seward, 12 Luz. 81. XIII. Intoxication. P. L. 207. enness. Ibid. § 30. Allowing drunkenness on premises. 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 aforesaid to any person who shall drink the same upon the premises where sold, and become thereby intoxicated, shall, besides his liability in damages under any existing 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. P. L. 86. P. L. 207. 43. If any person engaged in the sale or manufacture of intoxicating liquors as 31 March 1856 § 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.(g) 44. Any judge, justice or clergyman who shall perform the marriage ceremony between parties when either of said parties is intoxicated shall be deemed guilty of sons. 8 May 1854 § 4. P. L. 664. 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. 45. Any person prosecuting for an offence indictable under this act shall, upon conviction of the offender, receive such reasonable sum for expenses, services and time expended as may be directed by the court, not exceeding twenty dollars, to 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. cated person. Ibid. § 6. Compensation of prosecutor. P. L. 346. 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 whole of the plaintiff's demand.(h) (d) So amended by the act 20 April 1858, § 22, P. L. 370. See tit. "Crimes." Drunkenness is no excuse for the commission of crime. Respublica v. Weidle, 2 Dall. 88. Commonwealth v. Dougherty, 1 Bro. App. xviii. Commonwealth v. Hart, 2 Brewst. 546. Yet it may have the effect of reducing the crime of murder to the second degree, if sufficient to deprive the prisoner of the power of deliberation. Commonwealth v. Platt, 11 Phila. 415; s. c. Ibid. 421. Commonwealth v. Baker, Ibid. 631. Effect of intoxication in reducing the degree of murder. Nevling v. Commonwealth, 39 L. I. 62. Drunkenness does not incapacitate from forming a premeditated design to kill, but it may be evidence of passion only and of want of malice and design. Pennsylvania v. Lewis, Add. 279. Commonwealth v. Hart, 2 Brewst. 546. The prisoner's intoxication will not affect the grade of crime, unless so great as to render him unable to form a wilful, deliberate and premeditated design to kill, or incapable of judging of his acts and their consequences. Keenan v. Commonwealth, 44 P. S. 55. Commonwealth v. Crozier, 1 Brewst. 349. Commonwealth v. Miller, 4 Phila. 195. Commonwealth v. Fletcher, 33 L. I. 13. Intoxication, though not an excuse for crime, if it deprive the intellect of the power to think, and weigh the nature of the act, may reduce impure. the crime of murder to the second degree. Jones v. Commonwealth, 75 P. 3. 403. Commonwealth v. Crozier, 1 Brewst. 349. Commonwealth v. Hart, 2 Ibid. 546. Commonwealth v. Perrier, 3 Phila. 229. Commonwealth v. Dunlap, Lewis's Cr. L. 394. Commonwealth v. Haggerty, Ibid. 402. Commonwealth v. Baker, 33 L. I. 367. Commonwealth v. Platt, Ibid. 436. The intoxication of the party injured does not excuse contributory negligence. Linton v. Chester, 32 L. I. 265. A new trial on account of the intoxication of a witness was refused. The court's attention should have been called to it at the time. Gillespie v. Life Association, 41 Ibid. 543. Being drunk whilst drawing benefits from a benevolent society was held not to be a sufficient ground for expulsion; the charter or by-laws not having defined such offence among the causes of expulsion, and the member not having been charged or convicted of being drunk more than once. Commonwealth v. Association, 1 Montg. 101. A contract made by an intoxicated person, who does not know the consequences of his act, is voidable. Bush v. Brewig, 113 P. S. 310. (e) He must be taken to the station-house for a hearing; see the act 20 April 1869, P. L. 1187. (g) See supra, pl. 22. (h) There can be no recovery for the price of im 14 April 1863 § 1. P. L. 859. Penalty for adulteration. Ibid. § 2. Barrel to be branded. Ibid. § 3. Possession of drugged liquor. Ibid. § 4. Analyzation. Ibid. § 5. Punishment. 8 May 1871 § 1. P. L. 522. Voting in certain phia. 47. It shall be unlawful for any person or persons to make use of any active poison, or other deleterious drugs, in any quantity or quantities, in the manufacture or preparation, by process of rectifying or otherwise, of any intoxicating, malt 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 shall be deemed guilty of a misdemeanor. 48. It shall be the duty of any person or persons engaged in the manufacture and sale of intoxicating malt or alcoholic liquors, or in rectifying or preparing the 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. 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 one and two, it shall be deemed primâ facie evidence of a violation of the provisions of this act. 50. Any suspected article or specimen of intoxicating, malt or alcoholic liquor 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 officer 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. 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.(¿) 52. At the next annual municipal election in the twenty-second ward of the city of Philadelphia, and at the annual municipal elections every third year thereafter, it 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 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. Notice of election. Ibid. § 3. 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 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 voters of said ward; also thirty days' notice for the annual municipal election every third year thereafter. 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 acting at and in attendance upon the elections held under the provisions of this act. 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. § 4. When license not to issue. Ibid. § 5. Punishment for selling without license. 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, spirituous, vinous, malt or other intoxicating liquors without a license, shall be sentenced to pay a fine of fifty dollars, and confinement in the house of correction or pure and adulterated liquors. Glenn v. Keenan, 9 W. N. C. 170. And see Myers v. Kahn, 1 Ibid. 106. Freiberg v. Kahn, Ibid. 221. Reid v. Dearie, 11 Luz. L. Reg. 4. In a suit for the price of liquors sold, the least adulteration which impairs their quality of value is a full defence under the statute. Clohessy v. Roedelheim, 99 P. S. 60. In an action upon a note given for the price of liquors, the proof of adultera tion must be clear and convincing to constitute a defence. Rothschild v. McGrath, 29 Pitts. L. J. 466. (i) See act 12 May 1887, § 19. The act 9 April 1867, P. L. 825, authorized the electors of McKean county to vote for or against a law prohibiting the granting of liquor licenses. See acts 9 April 1869, P. L. 799, and 13 April 1869, P. L. 915, as to the borough of Tarentum in Allegheny county, and the act 7 July 1870, P. L. 1325, as to Jefferson county. county jail for the period of six months for the first offence; and for the second and each subsequent offence a fine of one hundred dollars and confinement in the house of correction or county jail for the period of one year.(ii) XVI. Wholesale licenses.(k) 8 May 1871 § 5. P. L. 522. P. L. 257. 57. All wholesale dealers, brewers, distillers. (1) 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- ucts 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. and brewers. Ibid. § 2. granted for one 58. 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 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 hearing. 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 where sold, nor any place provided by such seller for that purpose.(n) sold. be drunk on premises. Ibid. § 3. Time for filing 59. 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 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 of the city of Philadelphia by act 20 March 1872, P. L. 463, except that the increased punishment is applied to the third offence instead of the second; it is extended to the thirteenth ward by the act 23 March 1872, P. L. 515; to the fifteenth ward by the act 23 March 1872, P. L. 522; to the fourteenth ward by the act 23 March 1872, P. L. 540; to the twenty-first ward by the act 3 April 1872, P. L. 748, except that the punishment for the first offence is a fine of fifty dollars and thirty days, for the second offence fifty dollars and six months, and for the third and each subsequent offence one hundred dollars and one year; it is extended to the twentieth ward by the act 3 April 1872, P. L. 862. The punishments prescribed by these acts are probably supplied by the general act of 13 May 1887, § 15. (k) The act 24 May 1887, P. L. 194, which this act supplies, was held to be constitutional, and it was further held, that the discretion of the court is a qualified limited discretion and must be confined to the inquiries, whether the applicant is a citizen, whether he is of temperate habits, and whether he is of good moral character. If no remonstrance is made alleging such disqualifications, the court is bound to grant a license, and if refused the supreme court will, by mandamus, direct it to be granted. Brewing Co.'s Application, 24 W. N. C. 177. Pollard's Application, Ibid. 181. See In re Licenses, Ibid. 198. The court cannot grant a license to a non-resident brewer's agent. Risser's Application, 6 C. C. 270. (1) A corporation is entitled to a brewer's license under this act; it is not necessary that the charter be recorded in the recorder's office before filing the petition. Gulf Brewing Co.'s License, 11 C. C. 346. The court has no discretion under this act, as to distillers and brewers; it may, however, inquire into the necessity where the application is for a wholesale license. Reigner's License, 11 C. C. 401. The court may refuse an application for a wholesale license, and file its opinion even after the filing of a certiorari. Meads' Appeal, 34 W. N. C. 373. Where the petition, bond and other papers of an applicant for a distiller's license, are in accordance with the requirements of this act, and no remonstrance is filed, the court has power to consider the questions of the necessity of the license and the fitness of the applicant, but it cannot act arbitrarily and refuse a license without any expression of opinion. Johnson's License, 156 P. S. 322. Under what circumstances a distiller's agent may be convicted of the unlawful sale of liquors. Stewart v. Commonwealth, 117 P. S. 378. A distiller cannot sell by the gallon without a license from the quarter sessions. Commonwealth v. Sweitzer, 129 P. S. 644. But see the act 20 June 1893, P. L. 474, infra 65-67, under which act it has been held by the attorneygeneral that distillers need only pay their annual tax to the county treasurer, upon the payment of which they are entitled to a receipt which will enable them to sell for one year. (m) A driver who takes and fills orders in one county for his employer, who has a bottler's license in another county, is guilty of selling without a license. Commonwealth v. Holstine, 132 P. S. 357. A licensed bottler may sell to any retail dealer in any part of the commonwealth if the sales be made at the bottler's place of business in the county for which his license is granted. Commonwealth v. Hess, 148 P. S. 98. ComCommonwealth monwealth v. Brauninger, Ibid. 111. v. Miller, Ibid. 113. (n) This act applies to dealers whose licenses were granted before the passage of the act. Commonwealth v. Donahue, 149 P. S. 104. 9 June 1891 § 3. P. L. 257. First publication. Ibid. § 4. Contents of petition. Affidavit. Penalty for false statement. Ibid. § 5. Certificate of at least twelve citizens. Ibid. § 6. Court shall hear petitions and remonstrance. Licenses may be revoked. Ibid. § 7. License must be paid for within fifteen days after the same is granted. Ibid. § 8. Bond to the commonwealth. Sureties. Condition. 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. 60. Said petition shall contain: First. The name and present address 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: 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 bona 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 false statement is wilfully 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. 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. 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 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 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. 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 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 thereof, and upon any default the said clerk shall forthwith mark the said application and grant "revoked." 64. 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 selling or |