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given by

Grocers.

yard or garden, appertaining there to or connected therewith.

Bond to be § 13. Such licenses to Grocers shall not be granted unless the Commissioners are satisfied that the applicant is of good moral character, nor until such applicant shall have executed a bond to the people of this State, in the penal sum of one hundred and twentyfive dollars, with such surety as shall be approved by the Commissioners, conditioned that, during the term for which his license shall be granted, he will not suffer his grocery to become disorderly; that he will not 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; and that he will not 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. Bond to be § 20. Provides that every bond taken pursuant to the provisions of this title, within five days after the execution of the same, shall be filed in the office of the Clerk of the town, city, or village in which the license shall be granted.

filed.

Bonds to be prosecuted.

§ 21. Whenever a breach in the condition of such bond shall happen, it shall be the duty of the Supervisor of the town, Mayor of the city, or Trustees of the village in which such bond was executed, to prosecute the same and recover the penalty thereof for the use of the poor.

The Supervisor is to designate the place for the meeting of the Board on the first Monday of May, and he is to fix the time and place for all special meetings. Although the Supervisor and two Justices, (and in case the office of Supervisor be vacant, three Justices,) form the board, yet all the members have a right to be present and take part in the proceedings at all special meetings, as well as at the annual meeting of the Board, if they get notice of the same, and the decision of a majority, or two of the three, if no more are present to license, will be legal. 1 John R. 500, 2 John cases, p. 346.

The decision of the board to grant or withhold a license is final with them; there is no appeal from such decision. The Court of General Sessions of the Peace has, however, a right to revoke or annul the license of a person who has been convicted of violating the provisions of the above title, either in a suit for a penalty, or in a suit upon the bond given by such persons. See sec. 23 of this title.

The board has a right under the above act to grant a license to a tavern keeper to sell strong and spirituous liquors, or under the act of 1843 to grant a license to keep an Inn without the right to sell liquor. The forms under the above act will first be given.

Tavern Keeper's Bond.

Know all men by these presents, that we, Solomon Bradt and Sutton Birdsall, of the town of Pittsford, in the County of Monroe, are held and firmly bound unto the people of the State of New York, in the penal sum of one hundred and twenty-five dollars, for the payment of which sum to the said people, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated this 7th day of May, 1849.

The condition of this obligation is such, that whereas, the said Solomon Bradt proposes to keep an Inn or tavern in the house occupied by him in said town, and has made application to the Commissioners of excise of said town for a license to sell strong and spirituous liquors and wines during the ensuing year, to be drank in his said house: Now therefore, if the said Solomon Bradt, during the time he shall keep an Inn or Tavern, shall not suffer it to be disorderly or suffer any cockfighting, gaming or playing with cards, or dice, or keep any billiard table, or other gaming table within the

tavern so by him kept, or in any out house, yard, or garden belonging thereunto, then this obligation to be void, otherwise of force.

Sealed and delivered

in presence of

A. B.

SOLOMON BRADT, [L. S.]
SUTTON BIRDSADL, [L. S.

We the Commissioners of Excise of the town of Pittsford, approve of the surety to the foregoing (or within) Bond.

W. M. HUNTINGTON, Supervisor.
E. MATTHEWS,

L. D. MITCHELL,

Justices.

Tavern Keeper's License.

We, the Commissioners of Excise of the Town of Pittsford, in the County of Monroe, being satisfied that Solomon Bradt is of good moral character, that he is of sufficient ability to keep a Tavern, and has the necessary accommodations to entertain traveliers, and that a Tavern is absolutely necessary for the actual accommodation of travellers at the place where he resides, and proposes to keep the same, do hereby license him to sell rtrong and spirituous liquors and and wines, to be drank in his house in said town, where he proposes to keep an Inn or Tavern, as aforesaid, until the day after the first Monday of May next and no longer.

Given under our hands at Pittsford the 7th day of May, 1849.

W. M. HUNTINGTON, Supervisor.
ELIAS MATTHEWS,

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LEVI D. MITCHELL, Justices.

Grocer's Bond.

Know all men by these presents, that we,

John Doe

and Richard Roe, of the town of Perinton, in the County of Monroe, are held and firmly bound unto the people of the State of New York, in the penal sum of one hundred and twenty-five dollars, for the payment of which sum to said people, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated this 7th day of May, 1849.

The condition of this obligation is such that, whereas, the said John Doe has applied to the Commissioners of Excise of said town for a license to sell strong and spirituous liquors and wines in quantities less than five gallons, as a grocer, during the ensuing year: Now if the said John Doe, during the term for which said license shall be granted, shall not suffer his grocery to become disorderly, and shall not 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, and shall not 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, then this obligation to be void, otherwise in force.

Sealed and delivered in presence of

JOHN DOE,
RICHARD ROE, [L. S.]

[L. S.

To be approved the same as tavern keeker's bond.

Grocer's License.

We, the Commissioners of Excise of the town of Perinton, in the County of Monroe, being satisfied that John Doe is of good moral character, do hereby license him to sell strong and spirituous liquors and wines, in quantities less than five gallons, until the day after the first Monday in May next, and no longer. But it is hereby expressly declared, that this. license

shall be deemed to authorize such sale of any liquor or wine to be drank in the house or shop of the said John Doe, or in any out-house, yard or garden appertaining thereto, or connected therewith. Given under our hands at Perinton this 7th day of May, 1849.

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An Act authorizing licenses to keep taverns without including a license to sell spirits, and to abolish fees for the same. Passed April 12, 1843.

The People of the State of New York represented in Senate and Assembly, do enact as follows:

§ 1. Licenses to keep taverns under and pursuant to Title 9, Chap. 20 of the first part of the Revised Statutes, may be granted, in the cases in which they are now authorized to be granted, without including a license to sell strong or spirituous liquors or wines, or alcoholic drinks; and in all such cases the license shall express such restrictions on its face, and no sum of money or fee for such license shall be required or taken; but no such license shall be granted until the bond required by section seven of said title shall be given.

§ 2. Section ten of title nine of chapter twenty of the first part of the Revised Statutes is hereby amended so as to read as follows: No person who has not at the time a license to keep a tavern, shall erect, put up, or keep up any sign indicating that he keeps a tavern; and whoever offends against this provision shall forfeit one dollar and twenty-five cents, for every day such sign shall be kept up.

3. No fee or reward shall be taken by any board of Excise, or by any member thereof, for any license to keep a tavern, or to sell strong or spirituous liquors, or for any service required by such board, nor shall any compensation be retained by any such board or by any member thereof, out of the Excise money; but the whole amount thereof shall be paid over in the

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