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 bo 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

on premises

where sold. in quantities less than five gallons, there shall be

Moral

character to be proved and bond

given.

inserted an express declaration that the license does not authorize the sale of any strong or spirituous liquor or wine to be drank in the house or shop of the person receiving such license, or in any outhouse, yard or garden appertaining thereto or connected therewith.

795. Such licenses shall not be granted, unless the commissioners are satisfied that the applicant is of good moral character, nor until the applicant has executed a bond to the people of the state in the penalty of five hundred dollars, with sufficient sureties, who shall duly justify in the sum of one thousand dollars, to be approved by and delivered to the commissioners, conditioned that during the term for which his license is granted he will not suffer his place of business to become disorderly, nor 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, nor 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; and whenever any person is seen to drink in such shop or house, out-house, yard or garden, belonging thereto, any spirituous liquors or wines, forbidden to be drank therein, it shall be presumptive evidence that such spirituous liquor or wines were sold by the occupant of such premises, or his

agent, with the intent that the same should be drank therein. On any trial for the offense last mentioned, the occupant or agent may be allowed to testify respecting the sale.

selling without

§ 796. Whoever sells any strong or spirituous Penalty for liquors or wines in quantities less than five gallons at a time, without having a license therefor, and whoever sells any strong or spirituous liquors or wines to be drank in his house or shop, or any out-house, yard or garden appertaining thereto, or permits any such liquors or wines sold by him or under his direction or authority, to be drank in his house or shop, or in any out-house, yard or garden thereto belonging, without having obtained a license therefor as an inn, tavern or hotel keeper, incurs a penalty of fifty dollars for each offense.

§ 797. No inn keeper or any other person licensed to sell any strong or spirituous liquors or wines, shall sell or give away any such liquors or wines to any Indian or apprentice, knowing or having reason to believe him to be such, without the consent of his master or mistress, nor to any minor under the age of eighteen years, without the consent of his father or mother or guardian. Whoever offends against either of these provisions, incurs a penalty of ten dollars, to be recovered by the master or parent or guardian, as the case may be; and any person who