tion or maintenance of a permanent improvement revolving fund; or (4) for the purpose of anticipating the collection of general taxes for the year in which issued. And any such charter may provide that the city may issue certificates of indebtedness or bonds to any limit prescribed therein, without approval of the voters, if such issue be for either of the last two mentioned purposes, or for the purpose of extending, enlarging, or improving water and lighting plants, or either, owned and operated by such city, or of acquiring property needed in connection therewith, or for the purpose of funding floating indebtedness incurred by the city or village before the adoption of the charter.-R. L. 1905, § 752.

§ 593. Regulation of franchises.-Such proposed charter may provide for regulating and controlling the exercise of privileges and franchises in or upon the streets and other public places of the city, whether granted by the city or village, by the legislature, or by any other authority; but no perpetual franchise or privilege shall ever be created, nor shall any exclusive franchise or privilege be granted unless the proposed grant be first submitted to the voters of the city or village, and be approved by a majority of those voting thereon, nor in such case for a period of more than 25 years.-R. L. 1905, § 753.

delivery of

§ 594. Charter-How submitted-Ballots.-Upon such draft, the council or other governing body of the city or village shall cause the proposed charter to be submitted at the next general election thereafter occurring in said city or village within six (6) months after the delivery of such draft, and if there is no general city or village election occurring in said city or village within six (6) months after the delivery of such draft, then the council or other governing body of said city or village shall cause the proposed charter to be submitted at a special election to be held within ninety (90) days after the delivery of such draft as aforesaid. Provided, that said council or other governing body may call a special election for that purpose only at any time. If said election is held at the same time with the general election, the voting places and election officers shall be the same for both elections. The ballot shall bear the printed words, "Shall the proposed charter be adopted? Yes-No," with a square after each of the last two words, in which the voter may place a cross to express his choice. And if any part of such charter be submitted in the alternative, the ballot shall be so printed as to permit the voter to indicate his preference in any instance by inserting a cross in like manner. If any charter so submitted be rejected the board may propose others from time to time until one is adopted.-R. L. 1905, § 754, as amended, G. L. 1909, Chap. 214.

§ 595. How adopted-Judicial notice.-If four-sevenths of those lawfully voting at such election shall declare in favor of the proposed charter, it shall be considered adopted; and, if any provisions thereof were submitted in the alternative, those ratified by a majority of the votes cast thereon shall prevail. The certificates provided for in section 36, article IV, of the constitution, being deposited and recorded as thereby required, said charter shall take effect at the end of thirty days from the date of the election, and shall then supersede all other charter provisions relating to such city or village. Thereupon the courts shall take judicial notice of said new charter, and, upon the election of officers thereunder, the officials of the former corporation shall deliver to them the

records, money, and other public property in their control.-R. L. 1905, § 755.

§ 596. Amendments.-The board of freeholders may propose amendments to such charter, and shall do so upon the petition of five per cent. of the voters of the city, setting forth in substance the amendment desired. Amendments shall be submitted as in the case of the original charter, and the proposal shall be published for at least thirty days in not exceeding three newspapers of general circulation in such city. The form of ballot and mode of voting shall be similar to those used upon the adoption of such charter, the general nature of each amendment being briefly indicated. If three-fifths of those lawfully voting at such election shall declare in favor of any amendment so proposed, the same shall be certified, deposited and recorded, and shall take effect, as in the case of the original charter; provided that, if it be proposed that any amendment shall take effect at a specified time, it shall take effect as proposed.-R. L. 1905, § 756, as amended by G. L. 1907, Chap. 199, as amended by G. L. 1911, Chap. 343.

§ 597. Alternative proposals.—In submitting a charter or an amendment of the voters, any alternative section or article may be presented and voted on separately, without prejudice to other articles or sections of the charter or any amendments thereto.-R. L. 1905, § 757.

§ 598. Succession—Subsisting rights.—The new city so organized shall be in all respects the legal successor of the former corporation, and no charter so adopted, nor any amendment thereof, shall prejudice any subsisting right, lien, or demand against the city or village superseded, or affect any pending action or proceeding to enforce the same. All rights, penalties, and forfeitures accrued or accruing to such former corporation, all property vested therein or held in trust therefor, all taxes and assessments levied in its behalf, and all its privileges and immunities not inconsistent with the new charter, shall pass to said successor. And all ordinances, resolutions, and by-laws in force at the adoption of such new charter, and not in conflict with its provisions, shall continue in force until duly altered or repealed.-R. L. 1905, § 758.

CHAPTER X.-INTOXICATING LIQUORS.

PEDDLERS' LICENSE.

I. LIQUOR LICENSES.

$599. Sale forbidden.-Any person who shall sell any intoxicating liquors in quantites less than five gallons, or in any quantity to be drunk upon the premises, except as hereinafter provided, is guilty of a misdemeanor, and shall be punished by a fine of not less than $50, and the costs of prosecution, and by imprisonment in the county jail for not less than thirty days.—R. L. 1905, § 1519.

§ 600. Sales by pharmacists.-Any duly licensed pharmacist actually carrying on business as such may, in good faith, as such druggist or pharmacist, dispense such liquors upon the written prescription of a reliable practicing and licensed physician or duly licensed veterinarian, provided that only one sale of such liquor shall be made upon any one prescription; and provided further, that such veterinarian shall only prescribe such liquors for actual use in the practice of his profession and any such veterinarian violating the provisions therein set forth shall, upon conviction, be punished by a fine of not less than $50 nor more than $100 or by imprisonment in the county jail for not less than 30 days nor more than 90 days, for each and every violation of this act.-R. L. 1905, § 1520, as amended, G. L. 1909, Chap. 287.

§ 601. Intoxicating liquors-License required. That whoever on his own behalf or as an agent for others, without having a license so to do as provided for in this act, shall solicit any person or persons, firm or corporation or association not having a license to keep a dram shop or saloon under the laws of this state or to a licensed physician or druggist to buy or contract for the future delivery or to make order for any spirituous or vinous liquors in any less quantity than five (5) gallons or either on his own behalf or as said agent or as an agent for the purchaser make an order contracting for the future delivery of any liquors to any said person, persons, firm, corporation or association shall be subject to a fine of not less than fifty ($50.00) dollars and not exceeding five hundred ($500.00) dollars and to imprisonment in the county jail for not less than thirty (30) days nor more than ninety (90) days or both such fine and imprisonment in the discretion of the court.-G. L. 1905, Chap. 346, § 1.

§ 602. County commissioners may grant-Application for license, bond, etc. The board of county commissioners may grant license to persons to act on their own behalf or as agents for others in the sale of spirituous or vinous liquors for future delivery in quantities not less than five (5) gallons to others than those duly licensed to keep a dram shop or saloon under the laws of the state in their respective counties as they think for the public good requires. Upon the application by said petitioner of a hundred of the legal voters and residents of said county and before said license shall be issued, said applicant shall furnish good and sufficient bond in the sum of not less than one thousand ($1,000.00) dollars or more than three thousand dollars to be approved by the chairman of the board of county commissioners and the judge of the district court of said district, conditioned that the person so licensed will not violate the conditions of this act and that the fines assessed against the applicant or owner of said license for violation of this act will upon final judgment against him be fully paid and said license shall set forth the

name of the licensee, his place of residence, the place where said agency is to be exercised and the length of time he is authorized to act. The name of his principal business, the place where his principal business is located and in case he is acting as agent, the name of the sureties of his bond and such other information pertaining to the granting of said license as said board of county commissioners may require in a book provided for that purpose by the county clerk of the county in which such license shall be issued and said license shall be signed by the chairman of the county board and attested by the clerk of the court of said county. No such license shall issue for less than $500.00 per annum nor for a shorter time than one year and the payment of a license fee for the term of one year shall be conditioned precedent to the issuance of said license, such fee shall be collected by the clerk of the court of said county to be paid by him immediately into the county treasury of such county to become a part of the general school fund of said county. Provided, however, that nothing in this act shall prohibit any person, firm, corporation or association upon their own behalf of becoming an agent from soliciting for the sale of liquors herein enumerated within the limits of any city of (or) village for which they have a city or village license for the sale of said liquors.-G. L. 1905, Chap. 346, § 2.

§ 603. Licensee may sell.-Any person duly licensed by the county board, or by the proper authorities of the municipality for which such license is issued, may sell such liquors in the room named in his license, and at the times, in the manner, and to the persons allowed by law, but not otherwise.-R. L. 1905, § 1521.

§ 604. Licenses, by whom granted.-Licenses for the sale of liquors in municipalities may be granted by the councils thereof, and in other places by the county board. Every such license shall be for one year from its date, unless sooner annulled, shall specify the room in which sales are allowed, and shall state that the person named is authorized to sell such liquor only in such place and at the time, in the manner, and to the persons allowed by law. In cities of the first class, not more than five such licenses for places on one side of any block within the patrol limits of such city and fronting on such limits shall be granted.-R. L. 1905, § 1522.

§ 605. Application for license. Any person desiring a license to sell intoxicating liquors shall file with the clerk of the municipality, or, if such license is desired outside of a municipality, with the county auditor, a written application, stating the place for which it is desired and the date from which it is to run, and whether such applicant has ever prior thereto been licensed to sell intoxicating liquors in this or any other state, and if so, shall state when and where licensed, and shall deposit therewith ten dollars. Such officer shall give two weeks' published notice of the application, specifying the applicant, the description of the room for which license is sought, and the time and place of hearing. The expense of such publication shall be paid out of the deposit. Provided, that when such license is desired for a place of business in an unorganized town, such notice shall be published in a newspaper published in said county nearest to the proposed location of said place of business.-R. L. 1905, § 1523, as amended, G. L. 1907, Chap. 380, as amended, G. L. 1909, Chap. 283, § 1.

§ 606. Bond. He shall also file with such officer a bond to the state in the penal sum of $2,000, to be approved by the board or council granting the license, conditioned that he will not sell or otherwise dispose of any intoxicating liquors in any place other than

the room named in the license, nor on Sunday, nor at any general or special election day, nor at any time when the sale of such liquor is forbidden by law, nor to any person to whom such sale is so forbidden; that he will keep a quiet and orderly place, and not permit gambling with cards or other means or device for money or its representative, or other thing of value in such house or place of business; and that he will not allow the place for which he is licensed, nor any room in the same or an adjoining building directly or indirectly under his control, to be used as a resort for prostitutes or other disorderly persons. Each surety shall justify in twice the penalty of the bond, and no person already a surety on a license bond shall be accepted as a surety on another.-R. L. 1905, § 1524.

§ 607. Deposit, how disposed of. If for any cause no license be issued to the applicant, the auditor or clerk shall return to him any part of the deposit remaining after payment for the publication aforesaid; otherwise he shall pay such remaining sum into the county or municipal treasury, and the amount of such deposit shall be credited as part of the license fee.-R. L. 1905, § 1525.

§ 608. Hearing. At the time named in the notice, or at such other time as the hearing may be, on public notice, continued to, the board or council shall hear the application and any objections thereto, and shall make an order granting or denying the license. The names of all members voting for or against granting such license shall be entered on the record.-R. L. 1905, § 1526.

§ 609.

License fee. The fee for such license shall be fixed by the county board or the municipal council as follows:

In cities other than of the fourth class, at not less than $1,000, and in all other cases at not less than $500.

No license shall be issued until such fee has been paid in full, -R. L. 1905, § 1527.

§ 610. Licenses for sale of intoxicating liquors. Any person applying to the county commissioners of any county, or to the municipal authorities of any city, village, town or borough of this state for a license to sell intoxicating liquors shall, before the same is issued, file with the clerk of said board of commissioners or with the clerk or recorder of such city, village, town or borough, a bond, with two or more sureties who shall be freeholders of the county, who shall justify in twice the amount of said bond, to be approved by said board of county commissioners or by the common council or other governing body of any town, village or borough, or the common council of any city, to which such application is made, in the penal sum of two thousand ($2,000) dollars conditioned that the said person so licensed will not sell or otherwise dispose of any intoxicating liquors at any place other than the room named in such license, nor on the Sabbath, nor on any general or special election day, and that he will keep a quiet and orderly house, and not permit gambling with cards or with any other means or device for money or its representative, or other thing of value, in the house or place of business of such person, and will not sell, barter, give away or otherwise furnish or dispose of such liquors to any minor person, or to any pupil or student in any public school, academy, seminary or other institution of learning, nor to any intemperate person nor habitual drunkard. Such license shall be liable upon his said bond whether said license has been revoked or not. The surety or sureties on any such bond shall be liable for any damage or injury caused by or resulting from the violation of any of the conditions thereof in any and all cases where the principal upon