sells or gives away any strong or spirituous liquor to any Indian in this state is guilty of a misde

meanor.

Proceed

ings in case

of violation of this chapter.

§ 798. Every sheriff, undersheriff, deputy sheriff, constable, marshal, policeman or officer of police, shall arrest all persons found actually engaged in the commission of any offense in violation of this chapter, and forthwith carry such person before any magistrate of the same city or town, to be dealt with according to law; and the magistrate shall, on sufficient proof that such offense has been committed, unless the person elects to be tried be fore such magistrate, require a bond to be executed by such offender in the penalty of one hundred dollars, with sureties who shall justify in double the amount severally, conditioned that such offender will appear and answer the charge at the next term of the court of oyer and terminer or sessions to be held in said county, and abide the order and judg ment of the court thereon, or he shall commit the offender to the county jail until such judgment of said court, or until he be discharged according to law. And the magistrate shall entertain any complaint of a violation of this chapter, made by any person under oath, and forthwith issue a warrant and cause such offender to be brought before him, to comply with the provisions of this section; and such magistrate shall, within ten days, cause such bond, together

with all papers and affidavits, with a list of the names and residences of the complainants and witnesses examined before him, to be delivered to the district attorney of the county, who shall forthwith prosecute the same.

ed persons to be arrest

ed, tried

and punished.

§ 799. Every such officer, whenever he shall find Intoxicat any person intoxicated in any public place, shall apprehend such person and take him before some magistrate of the same city or town; and if such magistrate shall, after due examination, deem him too much intoxicated to be examined or to answer on oath correctly, he shall direct the officer to keep him in some jail, lock-up or other safe and convenient place, until he becomes sober, and thereupon forthwith bring him before the same magistrate; and whenever any person is brought before any magistrate, as provided in this section, such magistrate shall administer to such person an oath or affirmation, and examine him as to the cause of such intoxication, and ascertain the person or persons who sold or gave the liquor to such person; such intoxication being hereby declared to be an offense against the provisions of this chapter, punishable, upon conviction, by a fine of ten dollars, and costs at the same rate as in courts of special sessions, and imprisonment in the county jail, workhouse or penitentiary until paid; not, however, to exceed ten days. Such officers shall arrest or cause

No liquor to be given to intoxica

to be arrested all such persons, when so intoxicated, and the magistrate shall entertain such complaints and make such examination, under the penalty of fifty dollars, with costs, for any neglect to comply with the provisions of this section.

§ 800. Whoever sells or gives away or suffers ted persons. to be sold or given away, under his direction or authority, any strong or spirituous liquors or wines, to any intoxicated person, shall forfeit not less than ten nor more than twenty-five dollars for each offense.

Intemper

ate husbands,

wives and children.

in

§ 801. Magistrates and overseers of the poor any town or city, on complaint and satisfactory proof by a wife that her husband is an habitual drinker of intoxicating liquors, shall issue written notices to all dealers in intoxicating liquors against whom such complaint is made, forbidding the sale or giving of such liquor to such husband for the term of six months from the date of the notice, under a penalty of fifty dollars, with costs, for each offense after such notice; to be sued for in her own name and for her own use. Such magistrates and overseers of the poor shall forbid the sale, in like manner, in all cases when a husband makes like satisfactory proof concerning the wife, or a parent concerning a child who is a minor under the age of twenty-one years, or a child concerning a parent; and all the provisions of this section shall apply as in the first cases named.

drunkards and paupers

§ 802. It is not lawful to sell intoxicating liquors Habitual to any person guilty of habitual drunkenness, nor to any person to whom the seller has been requested by parent, guardian, husband or wife not to sell intoxicating liquors; and every party so selling intoxicating liquors shall, on proof thereof before any court of competent jurisdiction, be deprived of his license and shall not be allowed a renewal of it; and, in addition, on conviction, shall be punished by a fine of not less than twenty dollars nor more than fifty dollars for each offense. If any innkeeper, or any other person, knowingly (outside of any poor-house), shall sell or give to any pauper or inmate of any poor-house or alms-house strong or spirituous liquors or wines, such person shall be fined twenty-five dollars and is guilty of a misde

meanor.

on Sunday.

§ 803. No inn-keeper or person licensed to sell No traffic liquors shall sell or give away any intoxicating liquors or wines on Sunday, or upon any day on which a general or special election or town meeting is held, and within one-quarter of a mile from the place where it is held, in any of the cities, villages or towns of this state, to any person whatever. In case the election or town meeting is not general throughout the state, the provisions of this section in such case, shall only apply to the city, county, village or towns in which such election or town meeting is held. Whoever offends

Penalties,

how recovered.

Bonds to be

filed.

Forfeited bonds.

When judg.

ments are obtained.

How licenses may be revoked.

against the provisions of this section is guilty of a misdemeanor.

§ 804. The penalties imposed by this chapter, except where otherwise provided, shall be recovered in the name of the board of commissioners of excise, and paid over to the treasurer of the county for the support of the poor of the county.

§ 805. Every bond, taken pursuant to the provisions of this act, shall, within ten days after its execution, be filed in the office of the clerk of the town, city or village in which the license is granted.

§ 806. Whenever a breach of the condition of such bond happens, the commissioners of excise, the supervisor of the town, or mayor of the city or trustees of the village in which the person who incurs the penalty resides, shall prosecute the same.

807. Whenever any conviction or judgment is obtained against any person licensed, for any violation of the provisions of this chapter, either in an action for a penalty or upon a bond, the justice or court before whom the same is had shall transmit to the next court of sessions of the county a statement of such conviction or judgment, and of the offense for which it was obtained.

§ 808. The court of sessions shall give notice to such persons to appear on a day specified, to show