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An Act to license and regulate groceries, dram shops, and for other purposes. 1838 50 (1838)

handle is hein.slavery/ssactsmo0030 and id is 1 raw text is: 50

LAWS OF

42. ;The officer, having charge of a writ of restitution or re-restitution, or
-execution with a clause commanding restitution or re-restitution therein, shall
have power to expel and remove from the premises mentioned, the defendant
therein named, his servants and others under his control, and all other persons,
who shall have entered thereon after the commencement of' the suit, otherwise
than by process of law, and to deliver to the plaintiff possession thereof.
§ 43. The twenty-fourih, twenty-sixth, twenty-seventh, thirty-first and thirty-
second sections of an act concerning forcible entries and detainers, approved the
twenty-second of January eighteen hundred and thirty-five, and             the act supple-
mentary thereto, approved, the sixth day of February, eighteen hundred and
thirty-seven, are hereby repealed.
I  44.   This act shall take effect on the first day of March         next; and all ac-
tions then pending, and whicb        shll thereafter be commenced by virtue          of the
act concering forcible entries and detainers aforesaid, shall be conducted as to
all subsequent proceedings according to so much of the said act as shall remain
in force, and the provisions of this act.
APPROVED, Jan. 28, 1839.
GROCERIES, ANDj)RAll SHOPS.
/X    ACT to license and regulate grocericr, drum shope. and for other purposes.
SEc, 1. Who may take out a license to keep a grocery; who to keep a drain shop.
2. Application for a grocer's licens,, how aid to whom made; and %% but the same shall state.
ib. License to issue for six months.
3. Rate of tax on grocer's license.
4. Each applicant for a grocer's license, shall make a statement on oathof the price of his stock,
and iate of and valoret tax on tie same.
5. Duty of the Clerk of the County Court,
6. And of the Collector.
7. Clerks may grant licenses in vacation,
8. Upon what articles no nid valorein tax shill be levied, under such license fromn the clerk.
9. Grocers may sell any goods, except dry goods.
10. But shall not act as such at more than ond place; license not transferrable.
11. Clerk shall make out ttatement of licenes for tihe court.
12. Penalty for dealing as a Grocer, without license.
18. Exception in favor of Physiciaus, Apothecariis, &c.
14.      9   1 It     the sale of' liquors  old at the place of distillation.
15. Penalty on Giocer for selling liquinor to slaves wit hout permiission.
16.     46      It               after 9 o'clock ont Sunday.
17.        for permitting gaming in his Grocery.
18.        for suffering liquor, by him sold, to be drunk about his grocery.
19. vhio may take out a license to keek a dramin shop.
20. Application fordamn shop license, how and to whom maIde, and what tire samte shall state.
lb. In what case and for what time a drain shop license shall be granted by tle court.
lb. Such license shall not be transferrnble.
21. Rate of tax ont dram shop license.
22. Dram shop keepters shall enter into bond ;-conditions of the same; and where preserved.
23. Form of such bond.
24. Additional privileges of drai shop license.
25. If any dram shop keeper, shall keep a disorderly house, It shall be a breac It of the condition of
b.  his bond;
ib. What shall constitute a disorderly house.
26. Upon complaint made, duty of thujustice df the peace to issue summons &c.
27. Form of such summons.
28. Form of the verdict of thejury.
29. When and how judgment shall be given, and execution sued out.
30. In case of coiviction, justice shall file a certificate thereof, with clerk of the circuit court.
ib. Duty of stch clerk.
31. Justice shallalso file a certificate of conviction with clerk of the county court; effect thereof.
32.-33. Proceedings in case of ain appeal.
34. Incaseof cpnviction in the circuit court, suit shall be brought, and judgment rendered on the
bond of tie defendant.

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