and their agents,

ness, in quantities of not less than thirty gallons, the whole to be exported from the state, and no part thereof to be used therein, and the burden shall be upon such persons, in any proceeding under this act, to prove that the sale was for exportation, as aforesaid. Brewers and distillers may be licensed to sell not to be drunk on the premises, for a fee of one hundred dollars. Any person or persons, non-residents Non-residents of this Commonwealth, engaged in selling, trading or vend- and persons not ing intoxicating liquors, and any hawker, peddler, or travel- ited from selling ling agent, engaged in selling for any person or persons, who liquors. are non-residents of this Commonwealth, or who have no licensed place of business established therein, are hereby prohibited from making sales, offering for sale, vending, trading, or contracting, in any manner whatsoever, in intoxicating liquors, within the limits of this Commonwealth. And any Penalty. person so selling, offering for sale, vending, trading or contracting, shall be liable to a fine not exceeding five hundred dollars, and imprisonment not exceeding six months.

be drunk on the

how

SECTION 5. If any person having a license to sell to be License to sell to drunk on the premises shall be found to have been at the premises, time the license was granted engaged in or shall afterwards forfeited. engage in the business of a grocer, apothecary, druggist, brewer or distiller, on the premises described in his license, or in any place connected therewith, his license shall thereby be forfeited, and he shall not be licensed for a period of one year after the expiration of the term of the forfeited license, and no license shall be granted to be exercised on the premises described in the license so forfeited, for the residue of the term thereof.

ed, except to li

and towns so vote

SECTION 6. The inhabitants of any city or town may, on Not to be grant the third Monday in May next, and thereafter, at their reg- censed innholdular annual meeting for the choice of city or town officers, ers, when cities vote that no license shall be granted in such town or city, which will authorize the sale, to be drunk on the premises, of either distilled or fermented liquors, or both. In which case the commissioners shall grant no such license, except to licensed innholders to sell to their actual and bona fide guests.

building, whether liquors may be

SECTION 7. Every license shall be signed by the major License, by whom to be signed, part of the commissioners and recorded; shall bear the date when to bear of the day when issued; shall specify the building in which date, to specify sales of liquors are authorized to be made, and where prac- drunk on premiticable, the part of the building; and whether said liquors ses, and when to may or may not be drunk on the premises of the person licensed; and shall expire on the first day of May, unless sooner adjudged to be void. One dollar shall in all cases be Clerk's fee.

expire.

Commissioners to

: if

after

a

ure of license.

paid to the clerk of the commissioners, by the person receiving the license, in addition to the fee herein provided.

SECTION 8. It shall be the duty of the commissioners to town authorities report to the mayor and aldermen of each city, and to the licenses they in, selectmen of each town, within their respective counties, the objected to not to licenses they intend to issue within such city or town; which full hearing had. report shall be made fourteen days before the license would

take effect. And if the mayor and aldermen or the selectmen shall, before the time for the license to take effect, in writing object to any license on the ground of the personal unfitness of the licensee to exercise the license in question, such license shall not be issued unless such commissioners,

after a full hearing, shall otherwise determine. Provisions con

SECTION 9. It shall be the duty of the commissioners to cerning de Poor Lice forfeit- revoke any license upon proof satisfactory to them that the

licensee has violated, or permitted to be violated, any of the provisions of this act, after a summary hearing of the licensee, or notice and reasonable opportunity for him to be heard. After such revocation, the licensee shall not be licensed for one year after the expiration of the term of the license so revoked ; and no license shall be granted to be exercised on

l the premises described in the license so revoked, for the residue of the term of the revoked license. And the commissioners shall give to the municipal authorities of any city or town, notice of the revocation of any license granted to be

exercised therein. Liquors

SECTION 10. A license to sell intoxicating liquors, to be ses not to be rold drunk on the premises of the person licensed, shall confer no bile we can twelve inte authority to sell between the hours of twelve o'clock in the the morning. night and five o'clock in the next morning, nor during any Innholders and part of the Lord's day : provided, however, that innholders druggists except- shall have the right åt all times to furnish their guests with

any article which they shall by license be authorized to sell, but not to keep or maintain a public bar on the Lord's day; and provided, that apothecaries and druggists may sell liquors at such times, on a requisition of a licensed medical practitioner therefor, made out and signed during the proliibited period or periods, not to be drunk on the premises.

SECTION 11. No licensed person shall sell intoxicating liquor to any intoxicated person, or to any person under

twenty-one years of age. Fees for licenses, SECTION 12. All fees for licenses under this act shall be to whom paid and how applied. paid to the commissioners of the respective counties wherein

the same are granted; and the said commissioners shall, on the first day of every alternate month, beginning with the month of June in each year, pay over to the treasurer of

to be

night five

Intoxicated persons and minors.

lect.

each town or city one-half of the fees received by them for licenses, to be exercised in such town or city, and the residue of their receipts to the treasurer of the Commonwealth; and Penalty for negany officer neglecting to make such payment shall forfeit the sum of fifty dollars for each and every day said sum received by him as aforesaid shall be retained in violation of this section.

tary of the Com

SECTION 13. The several commissioners shall, on the first Return to secreday of every alternate month, beginning with the month of monwealth. June in each year, return to the secretary of the Commonwealth the name of each person licensed, his place of residence, the date and character of his license, and the amount of his license fee. Any officer neglecting to make such Penalty. return shall forfeit and pay the sum of fifty dollars for each offence.

ter premises of

may take liquors

how paid.

SECTION 14. The said commissioners, and the mayor and officers may enaldermen of any city, and the selectmen of any town, and licensed persons, any police officer or constable specially authorized by them, for analysis; exmay at any time enter upon the premises of any persons pense of analysis, licensed under this act, to ascertain the manner in which such persons conduct their business, and to preserve order therein. And such officers may at any time take samples for analysis from any liquors kept by such licensed persons; and in case said liquors are found to be pure or of good quality, the expense of such analysis shall be paid by the treasurer of the city or town whose officers demanded the analysis; but if such liquors are found to be impure or of bad quality, the expense of the analysis shall be paid by the licensed person, and may be recovered upon a complaint made by the treasurer of the city or town in which said samples were taken, against such licensed person, who shall thereupon forfeit his license, and shall not be licensed again within three years, and no license shall be granted to be exercised on the premises described in the license so forfeited,

for the residue of the term thereof. Proceedings for the Impure liquors recovery of the expense of said analysis, and for the decree to be destroyed. of forfeiture of said license, may be had before any municipal or police court, or any trial justice, and such court or justice may also order such liquors, found to be impure or of bad quality, to be destroyed.

want or

authorities may

persons.

SECTION 15. When any person, by the excessive use of City and town intoxicating liquor, injures his health, exposes his family to prohibit sale of violence, or the town or city of his settlement liquor to certain to expense, the mayor and aldermen and the selectmen of such town or city, shall, in writing, forbid any licensed person to sell or deliver to him any such liquor, for the residue

:

.

selling to

son.

of the year of his license; and they may, in like manner, forbid any person licensed in any other city or town, to sell or deliver such liquor to such person, during the time aforesaid ; and said prohibition shall be recorded by the city or town clerks, in a record book of said city or town, and the mayor and aldermen and selectmen, shall, in like manner, from year to year, renew such prohibition, as to such persons

as, in their opinion, shall not have reformed. Penalty for sell. SECTION 16. If any person during the time of such proing prostor prohibited hibition, and having notice thereof, whether by the official

notice aforesaid or otherwise, shåll give or sell to, or purchase or procure for or in behalf of, any such prohibited person, any intoxicating liquor, he shall be punished by a fine not exceeding fifty dollars, or imprisonment in the house

of correction for a term not exceeding six months. Compensation to SECTION 17. A married woman may have an action of wife, minor children and others, tort in her own name, against any person who has sold or for loss or injury given to, or purchased or procured for her husband any prohibited oper- liquors, in violation of the two preceding sections, and may

recover compensation for any loss or injury accruing to her thereby, and whatever she may recover shall be her own property; and any child of a person living with, and dependent in whole or in part upon said person to or for whom any liquor may have been sold, given, purchased or procured in violation of the two preceding sections, may have a like action in his own name, or if a minor in the name of guardian or next friend, and may recover compensation for any loss or injury accruing to him thereby, and whatever may be recovered shall be his own property. And any person may have a like action to recover compensation for any loss or injury accruing to him by means of any such sale, gift, purchase, or transfer in violation of the two preceding 'sections.

SECTION 18. Any person convicted of a violation of any of the provisions of this act, shall be punished by a fine not exceeding five hutdred dollars, and confinement at hard labor in the house of correction not exceeding six months.

Any licensed person so convicted, shall in addition to said penalties forfeit his license, and shall not again be licensed for the period of one year after the expiration of the term of his license; and no license shall be granted to any person under this act to be exercised on the premises described in the said forfeited license during the residue of the term

thereof. Proceedings in SECTION 19. If a violation of the terms or provisions of het are violated. this act shall be committed on the premises in which a license

Penalties.

is authorized to be exercised, the licensee shall forfeit his license, unless he shall satisfy the authorities having power to revoke the same or to decree it forfeit, that the violation took place without his knowledge and against his will, and that he had used due care and diligence to prevent the occurrence thereof. In case of a violation of any of the terms of the license or of any of the provisions of this act, the license may be revoked by the commissioners, as provided in this act, or it may be decreed forfeit as part of the judicial decree or judgment where proceedings are had before any court or justice for any other purpose named in this act, and the pendency of such proceedings shall not suspend or interfere with the authority of the commissioners to revoke the same.

ed evidence of a

SECTION 20. The delivery of intoxicating liquor in or What to be deem from any building, booth, stand or other place, except a sale. private dwelling-house, or in or from any private dwellinghouse, if any part thereof or its dependencies is used as an inn, eating-house or shop of any kind, or other place of common resort, such delivery in either case being to any person not bona fide a resident therein,-shall be prima facie evidence that such delivery is a sale of intoxicating liquors. SECTION 21. The terms intoxicating liquors or liquors in What to be deemthis act shall be construed to include ale, porter, strong beer, liquors." lager beer, cider and all wines, as well as distilled spirits.