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'62 70 '98 1804 '17
An act enabling the Town-Councils in this State, to grant Licen- 1728, 247,
ses for Retailing strong Liquors, and for other purposes.
Section 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, That the town-councils councils of the respective towns in this state, shall have the power licenses of granting licenses for keeping taverns, ale-houses, victualling-houses, cook-shops, oyster-houses or oyster-cellars, and retailing wines or strong liquors within their several towns, and shall take for each license granted discretionally, a sum not exceeding twenty dollars, nor less than four dollars ; to be paid into the town-treasury, when such license is granted, for defraying the charges of the town.
Sec. 2. And be it further enacted, That if any person or Penalty persons in any town in this State, shall open or keep open without any tavern, ale-house, victualling-house,cook-shop, oyster- license. house or oyster-cellar, without license first had and obtained from the town-council of such town, he, she or they shall forfeit and pay the sum of fifty dollars, to be recovered before any court of competent jurisdiction, by an action of debt, one half thereof to the use of him who shall inform
, , of the town where such offence shall be committed.
Sec. 3. And be it further enacted, That if any person or Penalty persons in any town in this State, shall sell, or suffer to be for retailsold, in their dwelling-houses or possessions, by their than a galwives, children or servants, or other persons whomsoever, lon. any rum, wine or strong liquors whatsoever, by retail, in any less quantity than a gallon, without license first had and obtained from the town-council of such town, he, she or they shall forfeit and pay the sum of fifty dollars, to be sued for and recovered as aforesaid.
Sec. 4. And be it further enacted, That if the keeper of Taveruany such tavern, ale-house, victualling-house, cook-shop, kes nofi. oyster-house or oyster-cellar, shall trust or give credit to give credit any person whomsoever for strong drink, such keeper of for strong any such tavern, ale-house, victualling-house, cook-shop, oyster-house, or oyster-cellar, shall lose all such sum or sums so trusted : and all actions hereafter brought for any such debt shall be barred, so far as respects said charge for liquor or any note given therefor, and the defendant in such action may plead the matter specially, or give it in evidence under the general issue: Provided however, That nothing in this section shall be construed to prohibit any
licensed retailer, from giving credit on sales of liquors ex
ceeding one quart at any one time. To give
Sec. 5. And be it further enacted, That each town-council shall take bonds from all persons to whom they shall grant licenses, for their maintaining good order in their houses and possessions, and conforming themselves to the
regulations of law respecting the same. License Sec. 6. And be it further enacted, That it shall and may
be lawful for the town-council of each town, in case the drawn in keepers of any such tavern, ale-house, victualling-house,
cook-shop, oyster-house or oyster-cellar, shall be convicted of keeping a disorderly house, contrary to the bond by him or her given, immediately to withdraw such person's license, and further prosecute the offender according to
Sec. 7. And be it further enacted, That if any person or for erect
in persons ing signs
town within this State, shall presume to
any without li- erect, or continue any sign before erected, for the keeping
of a public house, without first obtaining a license from the town-council of such town, he, she or they shall forfeit and
pay for each offence the sum of twenty dollars, to be recovered by the town-treasurer for the use of the town,
by an action of debt, in any court of competent jurisdicProviso. tion: Provided nevertheless, That all ferry-houses be and
they are hereby excepted out of this act.
Sec. 8. And be it further enacted, That it shall be the treasurer duty of the town-treasurer in each town, to make enquiry to prose- after all breaches of this law, and to prosecute for the pen
alties thereof, before any court of competent jurisdiction, in an action of debt to and for the use of the town where such offence shall be committed ; and that said towntreasurer be a competent witness in any such action by him brought.
Sec. 9. And be it further enacted, That the town-councils
of the several towns be and they are hereby prohibited granted to blacks,&c.
from granting any license as aforesaid to any colored or black person, nor shall any white person duly licensed suffer any black or colored person in his employ, or as his agent, to sell any liquors whatever, under the penalty of forfeiting such license.
No license to be
1721 25 98.
An act to prevent Drunkenness. Section 1. Be it enacted by the General Assembly, and by T. counthe authority thereof it is enacted, That it shall and may be cils to proin the power of the town-council of each town, within sale of lithis State, upon complaint unto them made, and satisfac- quor to tory evidence produced thereon, that any person dwell- by posting. ing within the limits of such town doth practice the odious and destructive vice of drunkenness, to order prohibitions to be posted in such and so many places within the town where such person belongs, as to them shall seem needful, thereby prohibiting all retailers of strong liquors, as well as others, from selling any kind of strong liquors directly or indirectly to any such person as shali be mentioned in such prohibition.
Sec. 2. And be it further enacted, That the town-council May be of each and every town as aforesaid, after they shall have posted in posted any person as a common drunkard as above re- boring quired, may notify the town-councils of the neighboring towns. towns, who upon such notification are required to post the same in some convenient place or places in their respective towns; whereupon the inhabitants of such town shall be restrained from selling to such person so posted any kind of strong liquor whatsoever, as much as the inhabitants of such town are where such posted person belongs: and if any person shall presume to do contrary hereunto, upon conviction thereof, he shall suffer the same penalties as in this act are laid upon such offender or offenders; and to be recovered in the same manner: and in case any retailer of strong liquors, or other person, shall Penalty presume, contrary to this act, to sell or vend any kind of for selling strong liquor to any person as aforesaid, and shall be duly wards. convicted thereof, before any two justices of the peace or wardens in such town, either by his own confession or by the testimony of one or more credible witness or witnesses, such person so offending shall forfeit to the use of the poor of the town in which such offence shall be committed, the sum of four dollars, for the first offence, and for every offence in the premises afterwards the sum of eight dollars, to be levied on due conviction, by warrant of distress, to be granted by such justice or warden in such town, before whom the offender shall be convicted and the person so convicted shall also pay costs.
SECRETARY.PUBLIC LETTERS. -GENERAL TREASURER.
1730 1822. An act enabling the Secretary of the State to appoint a Deputy. Secretary Be it enacted by the General Assembly, and by the aumoliya thority thereof it is enacted, That it shall and may be deputy. lawful for the secretary of the State, for the time being,
to appoint a deputy under him, who being duly sworn before the governor, lieutenant-governor, or one or more of the senators, or some judge of a court of record, for the faithful discharge of his office, is hereby authorized and empowered to act and do, in the absence of the secretary, all things by law required of him, as fully and amply, and to all intents and purposes, as the secretary himself might or could do; and that the secretary shall be responsible and liable in the law for all and every misconduct, neglect or default of such deputy.
An act for registering Public Letters.
Be it enacted by the General Assembly, and by the authority ters to be thereof it is enacted, That the secretary of this State do
1798 '99 1804 '22.
An act requiring the General Treasurer to give bond, and for
other purposes therein mentioned. Section 1. Be it enacted by the General Assembly, and by the give bond. authority thereof it is enacted, That the general treasurer for
the time being shall, previous to entering on the duties of his office, give bond with sufficient sureties, to the secretary of this state, and to his successors, for the use of this State, in the sum of forty thousand dollars, for the true
and faithful discharge of the duties of his said office. To exhibit Sec. 2. And be it further enacted, That the general treas
urer shall, at the May and October sessions in every year, present to the general assembly a particular account of the receipts and expenditures of public money, specifying from whom the same was received, and to whom paid,
and the account on which the same was received and paid.
Sec. 3. And be it further enacted, That the salary of the general treasurer shall be three hundred and fifty dollars per annum, payable quarterly out of the general treasury.
An act regulating the manner of drawing money out of the
General Treasury. Be it enacted by the General Assembly, and by the authority No money thercof it is enacted, That no money be paid out of the paident of general treasury of this State to any person, unless he ry without produce an order therefor from the general assembly, cer- an order. tified by the secretary : Provided nevertheless, That the Governor governor of this State, for the time being, shall have pow- may draw. er to draw upon the general treasurer for payment for any particular services or expences of a public nature, to the amount of twenty dollars, at any one time; and Clerks of provided also, that all accounts passed by the supreme give certifjudicial court, or either of the courts of general sessions icates for. of the peace, within this State, in favor of those who have in said courts obtained allowances for services rendered in bringing criminals to justice, and for other incidental expences, and also all certificates for any officer's or juror's attendance on said court, according to law, shall be paid by the general treasurer, on the certificate of the clerk of said court.
the attor ney-gener
An act directing the duty of the Attorney-General. Be it enacted by the General Assembly, and by the authority Daty of thereof it is enacted, That the attorney-general of this State shall give his attendance at the general assembly, and at al. the supreme judicial court and courts of general sessions of the peace, for the service thereof; and shall give unto such courts due advice and information concerning any criminal matters, breaches of the peace, or wrong done to the State, or any of the citizens thereof, that shall come to his knowledge, and draw and present to such courts, all informations and indictments, or other legal process, against any such offenders as by law is required, and diligently, by a due course of law, prosecute the same to final judgment and execution.