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A52199 Acts and laws, passed by the Great and General Court or Assembly of Their Majesties province of the Massachusetts-Bay, in New-England begun at Boston, the eighth day of November, 1693, and continued by adjournment unto Wednesday the fourteenth day of February following : being the second sessions.; Laws, etc. Massachusetts. 1694 (1694) Wing M954A; ESTC R15931 10,868 14

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it Enacted by the Governour Council and Representatives in General Court Assembled and by the Authority of the same it is Ordained and Enacted In Addition to the Act Entituled AN ACT for the Suppressing of Unlicensed Houses and the due Regulation of such as are or shall be Licensed THAT all Innholders Innholders c. to be provided for the Entertainment of Travellers c. their horses Taverners and common Victuallers shall at all times be furnished with suitable Provisions and Lodging for the Refreshment and Entertainment of Strangers and Travellers Pasturing Stable Room Hay and Provender for Horses on pain of being deprived of their Licence and no such Licensed Person shall Sell Oates for more than One Penny the quart And that no Person who is or shall be Licensed to be an Inholder Taverner common Victualler or Retailer shall suffer any Apprentice Servant Not to give Entertainment to Servants c. or Negro to sit drinking in his or her House or to have any manner of drink there otherwise than by special Order or Allowance of their respective Masters On pain of forfeiting the Sum of Ten Shillings for every such offence Nor shall any such Licensed Person suffer any Inhabitant of such Town where he dwells Nor to suffer Inhabitants to sit drinking or Tipling or coming thither from any other Town to sit Drinking or Tipling in his or her House or any of the dependences thereof or to continue there above the space of one Hour other than Travellers Persons upon business or extraordinary Occasions On the like Penalty of Ten Shillings for every offence And every Person as aforesaid who contrary to this Act shall continue in any such House Tipling or drinking or otherwise misordering him or her self or above the space of one Hour other than as aforesaid shall forfeit and pay the Sum of Three Shillings and four pence or be set in the Stocks not exceeding four hours time That no Person Licensed as aforesaid No person licensed may suffer drunkness or Entertain guests on the Lords day shall suffer any Person to Drink to drunkenness or excess in his or her house nor shall suffer any Person as his or her guest to be and remain in such house or any the dependances thereof on the Lords day other than Strangers Travellers or such as come thither for necessary Refreshment on pain of forfeiting the Sum of Five Shillings for every offence in that kind All Fines and Forfeitures arising for any of the offences before mentioned shall be Fines chow to be disposed one Moiety thereof to the use of the poor of the Town where the offence is committed and the other Moiety to him or them that shall inform and prosecute the same except where such offences are presented by a Grand Jury in such case the whole forfeiture to be to the use of the Town And every Justice of the Peace within his Precincts is hereby Empowred to hear and determin concerning any of the offences aforesaid and to restrain and commit the offender to Prison one Justice to hear determin the offences afore mentioned until he pay and satisfy the penalty or forfeiture or otherwise by warrant cause the same to be Levied by distress and Sale of the offenders goods And further it is Enacted That before any Person shall receive Licence to be an Innholder All persons taking Licence to become bound common Victualler Taverner or Retailer every such Person shall become bound by Recogniscance to Their Majesties in the Sum of Ten Pounds the Principal and two Sureties in Five Pounds a piece before one or more of the Justices of the quarter Sessions On Condition following That is to say THE Condition of this Recogniscance is such That whereas the above-bounden A. B. is admitted and allowed by the Justices in quarter Sessions to keep a common Inn Ale house or Victualling house Form of the Recogniscance and to use common Selling of Wine Beer Ale Cyder c. or to Retail Wine and Strong Liquors out of dores for the space of one whole year next ensuing and no longer in the now dwelling house of the said A. B. in _____ commonly known by the Sign of and _____ no other If therefore the said A. B. during the time aforesaid shall not permit suffer or have any Playing at Dice Cards Tables Quoits Loggets Bowles Shuffle-board Ninepins Billiards or any other unlawful Game or Games in his or her House Yard Garden Back-side or any of the dependances thereof nor shall suffer to be or remain in his or her house any Person or Persons not being of his or her ordinary Houshold or Family on the Lords day or any part thereof contrary to Law nor shall Sell any Wine Liquors or other Strong drink to any Apprentices Servants Indians or Negros nor shall suffer any Person or Persons to be there Tipling Drinking or continue there after Nine of the Clock in the night time or otherwise contrary to Law And in his or her said House shall and do use maintain and uphold good Order and Rule and do Endeavour the due Observance of the Laws made for Regulation of such Houses Then this present Recogniscance to be void or else to stand and abide in full force and Virtue For which Recogniscance the party to whom such Licence is granted shall pay Two Shillings Fee to be divided betwixt the Justice and the Clerk AND for the better Inspection of Licensed Houses Tything men their power duty and the discovery of such Persons as shall presume to Sell without Licence The Select men in each Town respectively shall take due care That Tythingmen be annually chosen at the general Meeting for choise of Town Officers as is by Law provided who shall have power and whose duty it shall be carefully to inspect all Licensed Houses and to Inform of all disorders or misdemeanours which they shall discover or know to be committed in them or any of them to a Justice of the Peace or the Sessions of the Peace within the same County As also such as shall Sell by Retail without Licence and other disorders or misdemeanours committed in any such House And in like manner to present or inform of all Idle and disorderly Persons prophane Cursers or Swearers Sabbath breakers and the like offenders to the intent such offences and misdemeanors may be duely punished and discouraged Every of which Tythingmen shall be Sworn before a Justice of the Peace or at the Sessions of the Peace to the Faithful discharge of his Office in manner following That is to say Oath YOU A. B. being chosen a Tythingman within the Town of C. for one year next ensuing and until another be chosen and Sworn in your stead Do Swear that you will faithfully Endeavour and intend the duty of your Office according to Law So help you God Which Tythingmen shall have a black Staffe of two foot long Staffe