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§ 785. No cock-fighting, playing with cards or Gaming. dice, nor any kind of gaming by lot or chance, nor any billiard table, shall be allowed within any house kept as an inn, or in any grocery or other place where the sale of spirituous liquors is licensed, or any out-house or garden belonging thereto; nor shall there be any playing with cards or dice for gain or money, or any kind of gaming by lot or chance, or any billiard table on board any vessel. or canal boat used for the transportation of passengers, under penalty of ten dollars for each offense, to be recovered from the keeper of the inn or other place, or the master of the vessel or boat, as the case may be, by the overseer of the poor of the town where the offense is committed.

CHAPTER XI.

LICENSES.

SECTION 786. Time of meeting of commissioners of excise.

787. Powers of commissioners.

788. Amount of license fees.

789. Conditions and term of license.

790. Commissioners to appoint a clerk and keep books of

minutes.

791. Salaries and expenses.

792. Licenses for drinking places.

793. Bond to be executed.

794. In other cases liquors not to be drank in premises where

sold.

795. Moral character to be proved and bond given.

796. Penalty for selling without license.

797. No liquor to be sold to Indians, apprentices and minors.

798. Proceedings in case of violation of this chapter.

799. Intoxicated persons to be arrested, tried and punished.

Time of
meeting of
commis.

sioners
of excise.

Powers of commissioners.

SECTION 800. No liquor to be given to intoxicated persons.
801. Intemperate husbands, wives and children.

802. Habitual drunkards and paupers.

803. No traffic on Sunday.

804. Penalties, how recovered.

805. Bonds to be filed.

806. Forfeited bonds.

807. When judgments are obtained.
808. How licenses may be revoked.

809. Damages for unlawful sale.

810. Adulterated liquors.

811. When any person may prosecute.

812. Employees of incorporated companies.
813. Judgments rendered.

814. Meaning of inn and inn-keeper.

§ 786. The commissioners of excise shall meet in their respective counties, at the place where the county courts are required to be held, on the third Tuesday of May in each year, and on such other days as a majority of the commissioners appoint, not exceeding ten days in any one year, and in the county of Onondaga not exceeding thirty days, and in the city of New York not exceeding fifty days, for the purpose of granting licenses.

Laws of 1857, ch. 139, § 2; 1858, ch. 143; 1859, ch. 494.

§ 787. They have power to grant licenses to innkeepers, residents of the town or city where the inn is to be kept, to sell strong and spirituous liquors and wines, to be drank in their houses respectively; and to store-keepers, being such residents, a license to sell such liquors and wines in quantities less than five gallons, but not to be drank in their shops, houses, out-houses, yards, or gardens. No license shall be granted to any person or firm to sell in more than one place.

license fees.

§ 788. The commissioners have power to deter- Amount of mine the sum to be paid for each license within the following limits: In towns and incorporated villages, not less than thirty nor more than one hundred dollars; and in cities, not less than thirty nor more than two hundred and fifty dollars. No other fees shall be taken by the board, by any commissioner or clerk. The whole amount of all fees shall be paid over by the commissioners to the county treasurer for the use of the poor, except where otherwise specially provided by statute.

Laws of 1857, ch. 139, §§ 2, 5.

The payment of excise moneys in the town of Newburgh was otherwise directed by the act of 1859, ch. 362.

and term of license.

789. All licenses shall be signed by the commis- Conditions sioners granting the same. They shall not be issued until the requirements fixed by the board shall have been complied with; when issued they shall be in force, unless revoked, until ten days after the third Tuesday in May next succeeding the granting thereof, and in the city of New York until fifty days thereafter.

To appoint a clerk and

§ 790. Each board may appoint a clerk for the time they may be actually in session, in accordance keep books

with section 787, and shall keep a book of minutes of proceedings, in which shall be entered the names of all applicants for license; and also a list of all licenses granted, with the names of the parties to

of minutes.

Salaries and expenses.

License for

drinking places.

whom granted, and the names of the securities to the bond required in each case; which book shall be deposited in the office of the county clerk. A book of minutes for each town or city for which they grant a license shall be made by them, in which shall be entered every resolution passed by them granting a license to any person for such city or town, with the sum required to be paid which minutes, verified by their signatures, shall be filed with the clerk of the town or city within eight days.

§ 791. Each commissioner of excise and the clerk of each board is entitled to three dollars per day for services actually performed. No other compensation shall be allowed. The expense of necessary books for minutes and necessary blanks, when actually incurred, together with the salaries, shall be audited and paid in like manner as other county charges.

§ 792. License shall not be granted to any person to sell strong and spirituous liquors and wines to be drank on the premises of the person licensed, unless such person proposes to keep an inn, nor unless the commissioners are satisfied that the applicant is of good moral character, that he has sufficient ability to keep an inn, and the necessary accommodations to entertain travelers, and that an inn is required for the actual accommodation of travelers at the place where such applicant resides

or proposes to keep the same, all which shall be expressly stated in the license; and no such license shall be granted except on the petition of not less than twenty respectable freeholders of this state, residing in the election district where such inn is proposed to be kept, by them duly signed, and verified by the oath of a subscribing witness, and not then unless in the opinion of the commissioners such inn is necessary or proper; and not more than one license shall be granted on the memorial of the same petitioners or any of them. All petitions upon which such licenses are granted shall be filed with the county clerk within eight days. Commissioners granting any license contrary to the provisions of this chapter are guilty of a misdemeanor.

executed.

§ 793. No such license to keep an inn shall be Bond to be granted until the applicant has executed and delivered to the board a bond to the people of the state, in the penalty of two hundred and fifty dollars, with sufficient sureties, who shall duly justify in the sum of five hundred dollars, to be approved by the board of commissioners, with a condition that the applicant, during the time he shall keep any inn, will not suffer it to be disorderly, or suffer any gambling, or keep a gambling table of any description, within the inn so kept by him, or in any out-house, yard or garden belonging thereto.

cases

§ 794. In all licenses granted (excepting to inn- In other keepers) to sell strong or spirituous liquors or wines,

liquors not to be drank

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