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on premises

where sold. in quantities less than five gallons, there shall be

Moral

character

inserted an express declaration that the license does not authorize the sale of any strong or spirituous liquor or wine to be drank in the house or shop of the person receiving such license, or in any outhouse, yard or garden appertaining thereto or connected therewith.

795. Such licenses shall not be granted, unless and bond the commissioners are satisfied that the applicant is

to be proved

given.

of good moral character, nor until the applicant has executed a bond to the people of the state in the penalty of five hundred dollars, with sufficient sureties, who shall duly justify in the sum of one thousand dollars, to be approved by and delivered to the commissioners, conditioned that during the term for which his license is granted he will not suffer his place of business to become disorderly, nor sell, or suffer to be sold, any strong or spirituous liquors or wines to be drank in his shop or house, or in any out-house, yard or garden appertaining thereto, nor suffer any such liquor, sold by virtue of such license, to be drank in his shop or house, or in any out-house, yard or garden, belonging thereto; and whenever any person is seen to drink in such shop or house, out-house, yard or garden, belonging thereto, any spirituous liquors or wines, forbidden to be drank therein, it shall be presumptive evidence that such spirituous liquor or wines were sold by the occupant of such premises, or his

agent, with the intent that the same should be drank therein. On any trial for the offense last mentioned, the occupant or agent may be allowed to testify respecting the sale.

selling

without

§ 796. Whoever sells any strong or spirituous Penalty for liquors or wines in quantities less than five gallons license. at a time, without having a license therefor, and whoever sells any strong or spirituous liquors or wines to be drank in his house or shop, or any out-house, yard or garden appertaining thereto, or permits any such liquors or wines sold by him or under his direction or authority, to be drank in his house or shop, or in any out-house, yard or garden thereto belonging, without having obtained a license therefor as an inn, tavern or hotel keeper, incurs a penalty of fifty dollars for each offense.

§ 797. No inn keeper or any other person licensed to sell any strong or spirituous liquors or wines, shall sell or give away any such liquors or wines to any Indian or apprentice, knowing or having reason to believe him to be such, without the consent of his master or mistress, nor to any minor under the age of eighteen years, without the consent of his father or mother or guardian. Whoever offends against either of these provisions, incurs a penalty of ten dollars, to be recovered by the master or parent or guardian, as the case may be; and any person who

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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 before 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 judgment 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.

§ 799. Every such officer, whenever he shall find 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

Intoxicat

ed persons to be arrest

ed, tried

and punished.

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,

Intemperate hus

bands,

children.

to any
intoxicated person, shall forfeit not less than
ten nor more than twenty-five dollars for each
offense.

§ 801. Magistrates and overseers of the poor in wives and 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.

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