Acts 1863.

license to.

shall so sell he shall obtain from the county court a license therefor. (a)

§ 2. Licenses to merchants shall be granted only upon satisfactory evidence that the applicant is in good faith a Restrictions upon merchant, and his business is that of retailing merchandise, and that he has not assumed the name and business of a merchant with the view and object of obtaining a license to sell spirituous liquors.

Acts 1854.
Distillers.

§ 3. Distillers of ardent spirits have the privilege of selling at the distillery any spirits of their own manufacture, in quantities not less than a quart, but not to be drunk on the premises.

entertainment.

ARTICLE III.

Private Entertainment.

§ 1. Any person other than the keeper of a tavern or House of private house of private entertainment, who shall entertain in his house another, or furnish him with diet or storage for his goods, not making an agreement for compensation therefor, shall not recover anything against the person so entertained or furnished with diet or storage, or against his estate, but the person so furnishing another shall be considered as doing the same of courtesy.(b)

tainment.

§ 2. Any person not a tavern-keeper, who shall furnish Voluntary enter for compensation lodging or diet to travelers, or to one boarding in his house, or provender in his stable or on his land for horses or mules, shall be deemed the keeper of a house of private entertainment.

No

license for private entertain

ment.

3. No license shall be required to keep a house of private entertainment.

(a) One licensed as a merchant to sell ardent spirits will be responsible as keeping a tippling-house if liquor sold by him, in whatever quantity, be drunk on or adjacent to his premises. (Curd, &c., vs. Commonwealth, 14 B. M., 387.)

(b) A took his mother-in-law, who was old and in a helpless condition, requiring much attention, to his house for the purpose of taking care of her, without any contract for payment. This duty, however onerous, if it was rendered by the personal attention of the plaintiff and his wife and servants, it must be regarded as performed gratuitously. If it appears that her situation demanded servants to wait upon her, the law imposes no burden of hiring servants for this purpose without compensation; and if the plaintiff did hire servants to wait upon her, the law implied a promise to pay the hire, and so far as there was an actual expenditure of money, it raises an assumpsit for indemnity. (Crenshaw., J, Hurst vs. Stanberry's adm'r, MS. Opinion, September, 1855.

2. The prohibition of article 3, chapter 96, of the Revised Statutes, against a recovery for diet, &c., when no agreement is made for compensation, does not apply to boarding, lodging, &c., furnished to an idiot who is legally incompetent to contract. (Combs vs. Beatty, 3 Bush, 613.)

3. The statute does not apply to clothing or nursing, for which there may be an implied contract. (Thomas vs. Arthur, 7 Bush, 245.)

ARTICLE IV.

Miscellaneous Provisions.

§ 1. The privilege to sell spirituous liquors shall not be implied or embraced in any license to keep a tavern, as heretofore, nor in a license to keep any coffee-house, boardinghouse, restaurant, or other place of entertainment licensed by any county court, or the trustees or other authority in any town or city, unless the said court, trustees, or other authority, shall deem it expedient so to do, and shall specify said privilege in such license.

§ 2. On a trial for suffering a person to tipple or drink more than was necessary in a tavern or coffee-house, the fact that such person was in such tavern or coffee-house, in a state of intoxication, shall be prima facie evidence that he was suffered to become so by tippling or drinking at that place.

son intoxicated.

§ 3. It shall be deemed a breach of the bond of any No selling to perlicensed retailer of spirituous liquor if he shall sell, lend, or give to an intoxicated person any vinous, malt, or spirituous liquor, or any mixture of either, in the house or place where his business as a retailer is carried on.

ARTICLE V.

Inebriates and their Relatives.

Acts 1871, 38.

Penalty for sell

ing or giving

drinks to person

known to be an

inebriate.

§ I. Any person having a license to sell spirituous, vinous, or malt liquors by the drink, shall be subject to a fine of twenty dollars for each selling or giving, or permitting to be sold or given, to any known inebriate, any spirituous, vinous, or malt liquors by the drink. For every violation of this section the wife, or any relative of the inebriate, may recover not less than a like amount for her or his benefit, before any court of competent jurisdiction. Notice in writing that the person is an inebriate, and forbidding the sale or Remedy to wife giving of such liquors to him, shall be given to the person so licensed, by the wife or relative of such inebriate, before the action provided for in this section can be maintained.

or relative of such

2 R. S., 420. Towns may be established by a County court.

How Towns may be Established.

§ 1. The county court of each county, on the application of the ostensible owner, if it deem the same advantageous and necessary to the public at large, may establish a town, and thereby vest the title of a designated tract of land in trustees and their successors for that purpose.

1. The court, in the order establishing a town, must give Metes & bounds. the metes and bounds, and the quantity of land embraced

Name of & trustees.

cation.

therein.

2. And fix the name of the town, and appoint trustees for the same.

3. Three months' notice of an intended application to Notice of appli- establish a town must be given, immediately preceding the same, by an advertisement posted up at the court-house door of the county, and by publication in some authorized newspaper.

4. The land so vested in trustees shall be laid off into Laid off in streets, convenient lots, streets, and alleys, and each lot numbered. and each street named; and a plat thereof must be recorded in the county court clerk's office.

&c.

5. The lots shall be disposed of by the trustees, at public Lets sold by the auction, on such credit as the proprietor may direct, proper notice of the time and place of sale being given.

trustees.

paya

Sale bonds

ble to owner.

6. Obligations with good surety for the sale money must be taken by the trustees, payable to the proprietor, and delivered to him for collection.

7. The trustees shall, when the sale money is paid, conTrustees to con- vey the title of the lots to the respective purchasers or their

vey to purchaser.

transferees.

8. When a town is established, the court shall take from Bond from applicant-its stipulathe applicant bond and good surety, payable to the Com- tions. monwealth, stipulating that if any person shall establish a better title to the land on which the town, or any part thereof, is erected, he will pay and account to such person for all sums of money, with interest thereon, for which such lots, or parts of lots, were sold by the trustees.

9. Suits may be instituted, from time to time, on such May be sued on. bond, by any person interested.

ARTICLE II.

Concerning Trustees.

how elected.

§ 1. Each town shall annually, the first Monday in June, Trustees, when elect five trustees; ten days' previous notice, in writing, of the time and place of each election, must be set up by the clerk of the board, at five of the most public places in the

town.

1. If two or more persons receive an equal number of How tie vote setvotes, the clerk shall decide who is elected.

tled.

2. No person shall be eligible to the office of a trustee Who eligible. who is not a citizen of the town and a qualified elector of

this Commonwealth.

3. No person shall vote at an election of trustees who has who to vote. not resided in the town where the election is held sixty days

next preceding the same, and who is not a citizen of the State.

4. Elections of trustees shall be held and conducted by By whom held. the clerk of the board, who must return the result to the

old board of trustees, who shall cause the same to be recorded in their journal.

county court to

5. If, from any cause, no election is held in any town If no election, at the time prescribed by law, the county court of the appoint. county shall appoint five trustees for such town, to act until the next stated election.

on office.

6. Trustees shall enter upon the duties of their office on When to enter upthe Monday next succeeding their election or appointment, and continue in office until their successors are qualified. A trustee appointed to fill a vacancy shall enter upon the duties of his office immediately after he qualifies as such.

7. Every trustee and clerk of the board of trustees shall, Oath. before he enters on the duties of his station, take the oaths prescribed in the Constitution.

lations for gov

ARTICLE III.

Powers of Trustees.

§ 1. Trustees of towns may make such rules and regula

Rules and regu- tions for the government thereof, not inconsistent with the ernment of same. laws and Constitution of this Commonwealth, as they may deem necessary and proper.

Board to fill vacancies.

to keep streets, &c., in order.

May levy tax.

officers and bond

of.

Who to constitute board.

1. They may fill vacancies in their board until the next stated election.

2. They must cause the streets of the town to be kept clean and in good order.

3. They may levy an annual tax on the males over twentyone years of age, residing in the town, of not exceeding one dollar upon the head, and may levy an ad valorem tax on the real estate and personal property subject to taxation for revenue purposes in the town, of not exceeding twenty-five cents on the hundred dollars.

4. They may appoint a clerk, assessor, town warden, colAppointment of lector, and treasurer, and take from the two latter bond and good surety for the faithful performance of their duties. 5. Three trustees may constitute a board to do business. § 2. The trustees of each town shall be a body-corporate, Created a body- and by that name may sue and be sued, and may appoint all necessary agents and attorneys in that behalf. They may elect one of their body chairman of the board.

corporate.

3. They shall have the power to purchase, take, and Public cemetery. hold the title to not exceeding forty acres of land, in or near the town, for a public cemetery.

1. They shall have the power to improve such ground,

Keeper thereof. and appoint a keeper thereof.

To sell lots in the cemetery.

To receive subscriptions in aid of improving.

2. To sell small parcels of the ground to individuals for the purpose of interment.

3. To receive and collect subscriptions to aid in purchas ing, improving, taking care of, and repairing such ground.

§ 4. They shall have the power to tax any show or exMay tax shows, hibition, and bowling-alleys within the town, or within a quarter of a mile of the limits thereof, to the same amount as they are taxed by the State.

&c.

Standing stal

lions, &c., within

limits of forbid

den, unless specially licensed.

5. No stallion or jackass shall stand within the bounds of any town without first being authorized so to do by a license from the trustees thereof, designating the place at which he is to stand. For a violation of this section, the

keeper and owner of such animal shall be jointly and sev