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dian, but shall certify and show in his plat the degree of variation in the magnetic needle from the true meridian at the periods of the original survey and of the resurvey, if it can be done.

1. Every survey shall be made by horizontal measurement. Horizontal meas

2. A surveyor failing to comply with any of the provisions Penalty. of this section shall forfeit and pay to the party aggrieved fifteen dollars; and he, with his sureties, shall be liable to such party for any damage or costs sustained by such failure.

ARTICLE III.

Miscellaneous Provisions, § 1. When the office of surveyor is vacant, the county | office vacant, court shall order the clerk to take charge of the books and to be preserved. papers of the said office, and the clerk during such vacancy shall give certified copies of the same when demanded, which shall be evidence in any court as if certified by the surveyor. When another surveyor is qualified, the court shall order that he have charge of said books and papers.

§ 2. An order of survey may, in any case, be directed to Order of survey any person, at the discretion of the court, or by the consent to any one. of the parties.

$ 3. If the county surveyor be one of a set of commis- Acts 1854 & 1865. sioners appointed to divide land between joint owners, to sioners, he may

, lay off dower to a widow, to open, alter, or close a public and act on his of road, or to open or close a private passway, it shall be lawful for him to administer to the other commissioners any oath required by law, and may act himself upon his oath of office.

ficial oath.

ARTICLE IV.

Surveyor of Military Lands. § 1. The office of surveyor of military lands is abolished. Office of military It shall be the duty of the present incumbent of that office, ished. within two months after this revision goes into effect, to make out a complete descriptive list of all the books, papers, Books, , papers, and documents pertaining to his office, and, retaining a copy, Register. send the same with the books, papers, and documents aforesaid, by the safest and cheapest mode of conveyance, to the Register of the Land Office, whose duty it shall be to receive and preserve the same as part of the records of the Land Office; and after comparing the books, &c., received with

surveyor

abol

&c., to be sent to

GEN. STAT.-51

the list forwarded to him, shall, if he finds the matter correct, indorse the same on the said list, and file it in the office of the Secretary of State for preservation.

CHAPTER 106.

TAVERNS, TIPPLING-HOUSES, &c.
ART. I. Taverns.

2. Licensed Merchants and Distillers.
3. Private Entertainment,
4. Miscellaneous Provisions.
5. Inebriates and their Relatives.

Tavern license to

county court.

ARTICLE I.

Taverns, $ 1. The county courts shall have power to grant licenses 2 R. S., 404. to keep a tavern in their respective counties for one year be granted by the from the date of the grant, and until the next succeeding

county court. The order granting the license shall state to whom the same is granted, and the place where the tavern is to be kept, and the period for which the license

is granted.(a) (a) The power conferred on county courts and the general council of cities to license taverns does not give them power to refuse altogether to license any taverns. The discretion given in such cases is not an arbitrary one, but a judicial discretion, to be exercised according to the legislative intention. (Louisville vs. McKean, 18 B. M., 12.)

2. A house of entertainment, in which spirituous liquors are not sold, is not required to have a license. (Ibid.)

3. On application for a tavern license, the county court has a large margin of discretion, which the Court of Appeals will not control, unless it has been manifestly abused. (Nepp u. Commonwealth, 2 Duvall, 546.)

4. An innkeeper is bound to receive and entertain all applicants, whether adults or infants, who are apparently responsible and of good conduct; if he refuse, he will be liable to indict.

(Watson vs. Cross, 2 Duvall, 148.) 5. An innkeeper has a lien on the baggage of his infant guest for the price of his entertainment, and also for money furnished him to buy necessaries. (Ibid.)

6. An indictment for keeping a tippling-house need not aver that the defendant had no license to retail liquor. (Commonwealth vs. Harvey, 16 B. M., 2.)

7. If on the trial the defendant shows a license from the county court, the propriety of the order granting the license cannot be questioned. (Commonwealth vs. Graves, &c., 18 B. M., 35.)

8. If a tavern-keeper has been fined three hundred dollars for a breach of his bond, to which proceeding the surety was no party, the latter may, when judgment is sought against him, deny that there was any breach, and have that question tried again. (Margoley vs. Commonwealth, 3 Metcalfe, 406.)

9. A tavern-keeper is bound to take extraordinary care of the baggage of his guest; and unless he has given his guest notice, that if his goods are left in the public room he will not be responsible, he will be answerable if they be left there and are thereby lost. (Packard 4. Northcraft, 2 Met., 442.)

10. Such articles as wearing apparel worn at the time, and watch and pocket money kept in

ment.

§ 2. No county court shall grant a license to any person License to be first to keep a tavern who has not paid the license tax thereon acter established, to the clerk, or who shall be of bad character, or who does for entertaining not keep an orderly house, nor unless the court shall believe tice given. the applicant is prepared with houses, stabling, bedding, and provender, to keep an orderly, law-abiding tavern. The court shall also be satisfied that the keeping of a tavern at the place proposed is necessary for the accommodation of the public. No license shall be granted unless ten days' notice of the intended application shall have been given by posting written or printed notices at the door of the courthouse and at least four of the most public places in the neighborhood of the contemplated tavern.(a)

§ 3. No tavern license shall be granted to any person Oath. until he shall take an oath, in open court, that he in good faith intends to keep a tavern for the accommodation of the public.

§ 4. Every person who shall obtain a license to keep a Form of bond. tavern shall, at the time the same is granted, enter into an obligation in court, to the Commonwealth, in substance as follows: Whereas, A B has obtained a license to keep a tavern at -, in the county of

Now we, A B, principal, and C D, his surety, do hereby covenant and agree that the said A B shall continually find and provide in said tavern good, wholesome, cleanly lodging and diet for travelers, and the guest's pocket for daily use, which were stolen from the guest's room, the tavern-keeper is liable for. (Weisenger vs. Taylor, &c., 1 Bush, 275.)

11. To enforce an alleged lien for lodging, &c., the plaintiff must allege in his petition that he is a tavern-keeper. One who keeps a mere boarding-house or lodging-house, or even one who keeps a house sor lodging strangers for a season, as visitors to a watering-place, unless he be the keeper of a tavern, has not the privilege of retaining the goods of his guests until his charges for lodging, &c., are paid. (Southwood vs. Myers, 3 Bush, 681.)

12. Innkeepers are liable for money surrendered to their custody by a guest, unless they took extraordinary care of it. He is responsible notwithstanding he may have told the guest, at the time he surrendered the money to him, that his safe had been recently robbed, and that he would not be responsible for money deposited in it. (Woodward vs. Birch, 4 Bush, 510.)

13. Innkeepers are responsible for the good conduct of their employees. (Weisenger vs. Taylor, i Bush, 276; Vance vs. Throckmorton, &c., 4 Bush, 41; Ibid.)

14. None are taverns under the Revised Statutes but licensed houses, and none but licensed houses may retail spirits. (Braswell vs. Commonwealth, 5 Bush, 544.)

15. Boarders at a hotel, under a special contract, are not, in the sense of the law, guests, but they are deemed boarders, and an innkeeper is not responsible for goods of which the guest has exclusive custody or control. (Vance vs. Throckmorton, &c., 5 Bush, 41.)

16. Prima facie, the keeper of a hotel should be held liable to restore the baggage of his guest; yet, when he shows its destruction by fire, this should be regarded as exonerating him from liability, unless it be made appear that he, or those for whom he is responsible, by negli. gence caused the fire, or failed to extinguish it. (Ibid.)

(a) See “County Courts,” article 15.

stabling and provender or pasturage for horses or mules, during the period the license remains in force, and that he will not suffer any gaming in his house or on his premises, and will not suffer any person to tipple or drink more than is necessary in his house or on his premises, or at any time suffer any scandalous or disorderly behavior in his house or on his premises. Given under our hands this - day of

8 5. Every person licensed to keep a tavern shall conDuty of tavern- stantly provide the same with good, wholesome, cleanly keepers.

lodging and diet for travelers and their servants, and stabling and provender or pasturage for their horses and mules.

$ 6. Any judge of the county court, upon his own knowlTaverns may be edge, or upon the information, on oath, of two or more credwhom and’how. ible witnesses, may suppress any tavern in his county until

the next succeeding county court, at which time the reasons therefor shall be inquired into by the court; and if the court shall, on such inquiry, adjudge such tavern-keeper guilty of a breach of his obligation, it shall enter up an order disabling him from keeping tavern thereafter. But if the court shall adjudge the tavern-keeper not guilty, it shall enter an order restoring his right to keep tavern under his license.

$ 7. It shall be the duty of every trustee of a town, either Violations of du- upon his own knowledge, or on the information of a crediby whom, case ble person, of any offense committed by a tavern-keeper,

.

under the provisions of this chapter, within the town of which he is a trustee, to make the same known to the judge of the county court, who shall cause the alleged offender to be summoned to appear before him, at a time and place designated, to show cause why his license shall not be suspended until the next county court.(a)

1. At the time fixed the judge of the county court may hear and decide the case, and enter an order of suspension or acquittal, as shall seem just and right.

2. If he shall suspend the license of the tavern-keeper, he shall forthwith return his proceedings to the county court, which court shall, at its next term, hear and decide the case.

$ 8. An appeal may be prosecuted by the county attorney Appeals allowed. to the circuit court, or by the defendant, from any decision

of the county court under this chapter; but the same, until (a) The suspension of the license is a nullity, unless the tavern-keeper had been summoned to appear at a time and place designated, to show cause why his license shall not be suspended. (Revised Statutes, sections 8 and 9, article 1, chapter 99; Plummer vs. Commonwealth, i Busk,

after second sus

reversed in the circuit court, shall not suspend the decision of the county court. In such cases the circuit court shall be judge of the law and fact, and no jury shall be necessary.

$ 9. Any person who shall keep a tavern or sell wine or Penalty for keepspirituous liquor, or any mixture thereof, after his license is suppressed. suppressed or suspended, or after a disabling order is entered as provided in this article, until such order is reversed or set aside, shall be adjudged guilty of keeping a tippling-house, and fined accordingly.

§ 10. A tavern-keeper whose license shall be suspended No reinstatement a second time shall not be reinstated in his license. Nor pension. shall another license be granted to him for twelve months after the last suspension.

S 11. The county court shall, once in every year, fix the Rates to be fixed. rates and prices to be paid at taverns within the county for wine, liquors, lodging, diet, stabling, provender, and pasturage; any county judge failing herein shall be fined thirty dollars on indictment by the grand jury.

$ 12. Every tavern-keeper shall, within one month after Copy of rates to the rates are fixed by the court, obtain from the clerk thereof a fair table of such rates, and set up the same in the public room of his tavern-house, and keep the same up, under the penalty of seventy-five dollars, to be recovered on the indictment of a grand jury.(a)

$ 13. The clerk of each county court shall make out a list List of to be reof every licensed tavern-keeper and vendor of spirituous liquor in his county, with the date thereof, and deliver the same to the circuit court of his county on the first day of each term of the court, and laid before the grand jury for their information. The clerk of either court failing to discharge the duty herein prescribed, shall be fined twenty dollars.

be set up in.

ported to circuit court.

ARTICLE II.

Licensed Merchants and Distillers. § 1. A merchant may sell at his store-house, to be taken Privilege to meroff and drank elsewhere than on his premises or adjacent thereto, any wine, spirituous liquors, or the mixture thereof, in any quantity not less than a quart. But before he License for.

chants.

(a) An indictment is defective if it fail to allege when the rates had been fixed, or that they had been fixed a month before the indictment was found. (Jackson vs. Commonwealth, 7 Bush, 99.)

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