SEC. 8. The said court before which such list shall be laid, shall inquire into the circumstances of each case, and hear any proofs that

may

TITLE IX. CHAPTER 40.

be offered, and shall examine the record of conviction, which Court to examine shall be deemed presumptive evidence of the facts therein contained, record, &c. until disproved.

SEC. 9. The court may discharge such disorderly person from confinement, either absolutely or upon receiving sureties for his good behavior, in its discretion; or the said court may, in its discretion, authorize the superintendents of the poor of the county, to bind out such disorderly persons as shall be minors, in some lawful calling, as servants or apprentices, or otherwise, until they shall be of full age, respectively, or to contract for the services of such disorderly persons as shall be of full age, with any person, as laborers or servants, for any time not exceeding one year, which binding out and contracts shall be as valid and effectual as the indenture of any apprentice with his own consent and the consent of his parents, and shall subject the persons so bound out or contracted for, to the same control of their masters, respectively, and of such court, as if they were bound as apprentices.

SEC. 10. Such court may in its discretion, order any such disorderly person to be kept in the common jail for any time not exceed ing six months, at hard labor.

SEC. 11. If there be no means provided in such jail for employing offenders at hard labor, such court may direct the keeper thereof to furnish such employment as it shall specify, to such disorderly person as may be committed thereto, either by a justice, or any court, and for that purpose to purchase any necessary raw materials and implements, not exceeding such amount as the court shall prescribe, and to compel such persons to perform such work as shall be allotted to them.

Powers of court

in relation to disorderly persons.

Court may order disorderly per

son kept atlabor.

when court may

order keeper to furnish employ

ment, &c.

Expenses, how

SEC. 12. The expenses incurred in pursuance of such order, shall be paid to the keeper by the county treasurer, on the production of a paid. certified copy of the order of the court, and an account of the materials furnished, verified by his oath.

SEC. 13. The keeper shall sell the produce of such labor, and shall Keeper to sell account for the first cost of the materials furnished, and for one half of produce of labor, &c. the surplus to the board of supervisors, and pay the same into the county treasury; and the other half of the surplus shall be paid to the person earning the same, on his discharge from imprisonment; and such keeper shall also account to the court, whenever required, for all materials purchased, and for the disposition of the proceeds of the earnings of such offenders.

CHAPTER 40.

OF THE RACING OF ANIMALS.

racing, and pun

SECTION 1. All running, trotting, or pacing of horses, or any other animals, for any bet or stakes, in money, goods or other valuable What deemed thing, or for any reward to be given to the owner or rider of any ani- ishment therefor. mal which shall excel in speed, excepting such as are by special laws

TITLE IX.

CHAPTER 41.

Apprehension, &c., of person offending.

Forfeiture for making up purse

&c.

Owner to forfeit

&c.

for that purpose expressly allowed, shall be deemed racing within the meaning of this chapter, and are hereby declared to be common and public nuisances and misdemeanors; and all parties concerned therein, either as authors, betters, stakers, stake holders, judges to determine the speed of animals, riders, contrivers, or abetters thereof, shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars, or by imprisonment, not exceeding one year, in the county jail.

SEC. 2. Upon his own view of any person offending against the provisions of this chapter, as well as upon the testimony of others, any justice of the peace may issue his warrant for the immediate apprehension of the persons so offending, to the end that they may be compelled to enter into recognizances, with sufficient sureties for their good behavior, and for their appearance at the next circuit court for the county, to answer for the said offences.

SEC. 3. Every person who shall contribute or collect any money, goods, or things in action, for the purpose of making up a purse, plate, or other valuable thing, to be raced for by any animal, contrary to law, shall forfeit the sum of twenty-five dollars for each offence.

SEC. 4. The owner in whole or in part of any animal that shall be value of animal, used or employed by his permission or privity, in racing, contrary to law, shall forfeit the value of the animal so used or employed; and every person who shall be concerned in laying any bet or wager upon the event of any illegal race, or in contributing to the stakes to be awarded upon any such event, shall forfeit the amount of the bet or wager so made, or of the sum or thing so contributed.

Forfeiture for

&c., without li

cense.

CHAPTER 41.

OF TAVERNS AND OTHER LICENSED HOUSES.

SECTION 1. No person shall be an inn-holder or tavern keeper, being inn-holder, common victualler, or seller of wine, brandy, rum, or other spirituous liquor, to be used in or about his house, or other building, unless he is first licensed as a tavern keeper, or common victualler, according to the provisions of this chapter, on pain of forfeiting one hundred dollars.

Selling liquor to be used about buildings without license.

Retailing without license.

Retailer not to

sell liquor to be used about house, &c.

SEC. 2. If any person shall sell any wine or spirituous liquor, or mixed liquor, part of which is spirituous, to be used in or about his house or other building, without being duly licensed as a tavern keeper, or common victualler, he shall forfeit, for each offence, twenty-five dollars.

SEC. 3. No person shall retail or sell any wine, brandy, rum, or other spirituous liquor, in a less quantity than twenty-eight gallons, and that delivered and carried away all at one time, unless he is first licensed as a retailer of wine and spirits, as provided in this chapter, on pain of forfeiting twenty-five dollars for each offence.

and

SEC. 4. If any person licensed to be a retailer, as aforesaid, not licensed as a tavern keeper, or common victualler, shall sell any of the above mentioned liquors, either mixed or unmixed, to be

used in or about his house or other buildings, he shall forfeit for each offence the sum of twenty-five dollars.

TITLE IX. CHAPTER 41.

Tavern keeper

SEC. 5. Every tavern keeper shall, at all times, be furnished with suitable provisions and lodging for strangers and travelers, and with to furnish provistable room, hay and provender, for their horses and cattle; and if sions, &c. he shall not at all times be so provided, the township board may revoke his license.

mon victuallers.

SEC. 6. Every common victualler shall have all the rights and priv- Rights and obliileges, and be subject to all the duties and obligations of tavern gations of comkeepers, excepting that he shall not be required to furnish lodging for travelers, nor stable room, hay and provender for horses and cattle. SEC. 7. Every tavern keeper and common victualler, shall at all sign. times have a board or sign conspicuously affixed to his house, or in some conspicuous place near the same, with his name thereon, and the employment for which he is licensed, on pain of forfeiting ten dollars.

&c.

SEC. S. If any tavern keeper shall, when requested, refuse, without Penalty on tav ern keeper for reasonable cause, to receive and make suitable provision for strangers refusing to re and travelers, and their horses and cattle, he shall be deemed guilty of ceive strangers, a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding fifty dollars, and shall also, by order of the court, be deprived of his license.

kept, nor gaming

SEC. 9. No tavern keeper, or common victualler, shall have or keep Implements of in or about his house, or other buildings, yards or gardens, or their not to be dependencies, any dice, cards, billiards, or other implements used in &c., permitted. gaming; nor shall suffer any person resorting there, to use or exercise any of said games, or any other unlawful game or sport, within said premises, on pain of forfeiting ten dollars for each offence.

SEC. 10. Any person who shall use or exercise any of the games Penalty for exaforesaid, in or about any such house or building of a tavern keeper ercising games or common victualler, shall forfeit the sum of ten dollars.

about taverns,

&c.

SEC. 11. No tavern keeper or common victualler shall suffer any person to drink to drunkenness or excess in his premises, nor suffer Drunkenness, &c any minor, travelers excepted, to have any strong drink there, on pain of forfeiting five dollars for each offence.

to Indians.

SEC. 12. Every tavern keeper, common victualler, or other person Penalty for dis who shall give, sell, or dispose of any spirituous liquor, wine, mixed posing of liquor liquor, or other intoxicating drink, to any male or female Indian, or to any common drunkard, shall forfeit for each offence the sum of 1841, p. 137. twenty dollars.

enty-five cents.

SEC. 13. If any tavern keeper or common victualler, shall trust or Not to credit give credit exceeding seventy-five cents, to any person for liquor, he more than sev shall forfeit and lose all sums so trusted or credited, above the sum of seventy-five cents; and all actions brought therefor, shall be utterly barred, and the defendant in any such action may avail himself of the provisions of this section under the general issue. SEC. 14. If any common victualler shall keep open his house, cel- Common vietu. lar, store, shop or place of business, on any part of the day or even- open house at ing of the first day of the week, or on the evening of any other day of the week at a later hour than ten o'clock, and entertain any person therein by selling him any spirituous liquor, he shall forfeit, for each offence, the sum of ten dollars.

SEC. 15. When any person shall, by excessive drinking of spirituous liquors, so misspend, waste or lessen his estate, as thereby to ex

24

allers not to keep

certain times.

Township board, &c., may prohib

it sale of liquor to certain per

sons.

TITLE IX.

CHAPTER 41.

Renewal of prohibition.

Penalty for

pro

curing liquor for prohibited per

son.

Township board

&e, may grant

either himself or his family to want or indigent circumstances, or pose the county to which he belongs, to expense for the maintenance of him or his family, the township board of the township in which such spendthrift lives shall, in writing under their hands, forbid all licensed tavern keepers, common victuallers and retailers of the same township, to sell him any spirituous or intoxicating liquors for the space of one year; and they may in like manner forbid the selling of any such liquors to such spendthrift, by the said licensed persons of any other township to which the said spendthrift may resort for the same; and the clerk of each incorporated city shall, under the direction of the mayor and aldermen thereof, issue a like prohibition as to any such spendthrift living in such city.

SEC. 16. The said mayor and aldermen, and the said township board shall, in the same manner, from year to year, renew such prohibition, as to all such persons as have not, in their opinion, reformed within the year; and if any tavern keeper, common victualler, or retailer shall, during such prohibition, give, sell or dispose of, to any such prohibited person, or for his use, any such spirituous or intoxicating liquor, he shall forfeit for each offence, twenty dollars.

SEC. 17. When said mayor and aldermen, or township board, in execution of the foregoing provisions, shall have prohibited the sale of spirituous liquors to any such spendthrift, if any person shall, with a knowledge of such prohibition, give or sell to, or purchase or procure for, or in behalf of such prohibited person, or for his use, any such spiritous or intoxicating liquors, he shall forfeit for each offence, the sum of twenty dollars.

SEC. 18. The township boards may severally license, for their relicenses; proviso. spective townships, so many persons to be tavern keepers and retailers therein, as they shall think the public good may require; and the mayor, recorder and aldermen of cach incorporated city, may, in like manner, license tavern keepers and retailers in their cities respectively: Provided, that no license for the sale of any intoxicating liquors shall be granted in any city, village or township, when a majority of the qualified voters thereof shall have voted at the next preceding township or charter election therein, against the granting of such licenses, as hereinafter provided.

1845, p. 56.

License, what to contain.

Licenses to com

SEC. 19. Every license, either to a tavem keeper or retailer, shall contain a specification of the street, lane, alley or other place, and the number of the building, or some other particular description thereof, where such licensed person shall exercise his employment; and the license shall not protect any such person from the penalties provided in this chapter for exercising his employment in any other place than that which is specified in the license.

Sec. 20. The mayor, recorder and aldermen of each incorporated mon victuallers. city, and the corporate boards of incorporated villages, may, unless prohibited as aforesaid, license for their cities and villages respectively, as many persons to be common victuallers, as they shall think the public good may require, and every such license shall contain such a specification or description as is required in the preceding section, of the street or other place, and of the building where the person so licensed shall exercise his employment; and the license shall not protect him from the penalties provided in this chapter for exercising it in any other place.

SEC, 21, The powers authorized to be exercised, and the duties

TITLE IX.

CHAPTER 41

required to be performed by the provisions of this chapter, by the mayor, recorder and aldermen of each incorporated city, and the township board of each township, so far as relates to the licensing of Certain powers retailers, and to the prohibition of the sale of spirituous liquors to by corporate spendthrifts, shall be exercised by the president and common coun- board of villages. cil, or other corporate board of each incorporated village.

to be exercised

SEC. 22. All licenses to tavern keepers, common victuallers and Licenses, when retailers, shall expire on the first Monday of April in each year, but to expire, and any license may be granted or renewed at any time within thirty renewal thereof. days next preceding that day, to take effect from the said first Monday of April, and after that day they may be granted for the remainder of the year, whenever the officers authorized to grant the same shall deem it expedient; but if application shall be made to a township board for any license, at any other time than at their annual meeting, the person applying therefor shall pay the members thereof for their services at the rate allowed by law.

cense, &c.

SEC. 23. Every person who shall be licensed as provided in this Pen for lichapter, shall pay for such license to the clerk of the city, village or township in which he is licensed, and before such license shall be delivered to him or become operative, such sum as the officers granting the same shall determine; which sum shall not be less than five nor more than twenty dollars, and which money shall be paid over as directed in chapter thirty-eight for the benefit of the poor.

1842, p. 100 § 2.

SEC. 24. Any license to a tavern keeper, retailer or common vic- Licenses for sale tualler may, if the applicant require it, or if a license for the sale of of ale, beer, &c. intoxicating liquors shall be prohibited as aforesaid, be so framed as to authorize the licensed person to sell beer, ale, cider, or any other fermented liquors except wines, and not to authorize him to sell brandy, rum, or any other spirituous liquors or wines; in which case the sum to be paid for such license shall not be less than two nor more than eight dollars.

by person not

SEC. 25. If any person shall set up or keep, on or near his house, Penalty for keepany sign, emblem, or insignia, intimating the same to be a tavern, or ing up sign, &c., common victualling house, without having a license as provided in licensed." this chapter, he shall be subject to a fine of five dollars for each day on which the same shall be kept up.

SEC. 26. No license shall be granted or renewed to any person, When no license unless the officers granting the same shall be satisfied that the public to be granted, &c. good will be promoted thereby, and that the person applying is of good moral character.

to be furnished

licenses.

SEC. 27. At each annual meeting or charter election for the election Additional box of officers in any township, city or village, the inspectors of elections for reception of therein shall furnish an additional box for the reception of ballots, votes relating to which box shall be labeled with the word "Licenses," and shall be kept, and the ballots deposited therein shall be canvassed, and the result thereof declared and certified, in the same manner that the other ballot boxes are required to be kept, and the other votes cast 1845, p. 56. at such election declared and certified.

censes.

SEc. 28. Each person qualified to vote for the officers to be elected votes in favor of at such election, may deliver to the inspectors, or one of them, a bal- and against lilot having written or printed thereon the word "License," or the words "No License," which ballot shall be deposited in said box ; and if it shall appear upon canvassing such ballots that a majority of them have thereon the words "No License," the officers of such