oyster house or oyster cellar, without license first had and obtained from the town council of such town, or in any place other than that specified in such license, such person shall forfeit and pay the sum of fifty dollars for every offence. SEC. 4. If any person shall sell, or suffer to be sold by any person in any town, any ale, wine or strong liquor by retail, in any less quantity than ten gallons, all liquors so sold, to be delivered at one time, without license first had and obtained from the town council of such town, or in any building other than that specified in his license, unless as an agent or servant of a person, and in a building duly licensed, he shall forfeit and pay the sum of fifty dollars for every offence; nor shall any person be excused as the agent or servant of another, unless that other be usually present in said licensed building, superintending the business transacted therein. SEC. 5. If any person licensed or not licensed shall sell or suffer to be sold, in any place licensed or not licensed, any ale, wine or strong liquor, either by a dumb waiter, revolving stand, slide or drawer, or by any other secret way, so that the buyer or seller may not be distinctly and plainly seen, the owner of such place shall forfeit the sum of fifty dollars. SEC. 6. If any person shall sell or cause to be sold any ale, wine or strong liquor in less quantity than ten gallons, to be drank at the place of sale, from on board of any vessel, boat, scow or raft lying in the harbor of Providence, or in any of the public waters of Providence cove, or of Providence and Seekonk river, as far north as Pawtucket bridge, or in any of the waters of Narragansett bay, north of a line drawn from the mouth of Pawtuxet river, to the northernmost part of the town of Barrington, or from or upon any stage, platform, wharf or bridge erected or floating upon any of the waters aforesaid, he shall forfeit and pay the sum of fifty dollars for every offence, to and for the use of the state. SEC. 7. Every license granted in pursuance of this act, shall specify the person licensed, the business licensed and the building or room in which he shall pursue the same, and shall continue and be in force until the Thursday next following the first Wednesday in April, unless revoked for cause as is herein after provided. No license shall be granted for the sale of ale, wine or strong liquors in any tent, stand, or in any wagon, or other vehicle, or in any jail, asylum or workhouse, or in any street, highway or common. SEC. 8. Every licensed person shall maintain good order in the building licensed, shall not sell, or suffer to be sold, any ale, wine or strong liquor in said licensed building on Sunday, nor by retail in any place, at any time, to any habitual drunkard or person intoxicated, nor suffer any person in said licensed building to become intoxicated, nor shall he under any circumstances take in pawn or pledge any article whatever: neither shall he suffer said licensed building to become frequented by any common drunkard, or person addicted to the intemperate use of ale, wine or strong liquors, or by any person who is a disturber of the peace, or who is wasting his property or earnings and means of supporting himself and family, or by any person under lawful age: nor shall he suffer or permit any person to play at any game of chance or skill for ale, wine or strong liquor, money, or other valuable consideration, within any of his possessions. Any violation of either of the provisions of this section shall be punished by a fine of fifty dollars. SEC. 9. Every person licensed according to the provisions of this act shall give bond in the sum of one hundred dollars, to the town in which said license shall be granted, with surety satisfactory to the town council of such town, conditioned to comply with the terms of his license and with this act. SEC. 10. Penalties imposed by this act may be recovered by indictment in the county where incurred; and shall enure one half thereof to and for the use of the town in which the offence shall have been committed, and the other half to and for the use of the state, except as provided in the sixth section. SEC. 11. In any prosecution for a breach of the third, or fourth, or fifth, or sixth section of this act, it shall not be necessary to set forth the kind or quantity of ale, wine or strong liquors sold, or the time of sale; but proof of any sale of ale, wine or other strong liquor, made or suffered within the times mentioned therein, by the person complained of, contrary to any provision in either of those sections, shall be sufficient to convict such respondent. SEC. 12. No debt contracted for ale, wine or strong liquor sold in any quantity less than one quart, shall be recoverable in any court; and whenever any action shall be brought for any such debt, in whatever form it may be presented, or upon any security given for such debt, the defendant shall be a competent witness to testify therein, and the plaintiff likewise; and if upon the whole evidence produced, it shall appear that any part of said debt arose from the purchase of ale, wine or strong liquor, in quantities less than one quart, the defendant shall have judgment and execution for his costs, and the plaintiff shall have judgment and execution for the part of his debt not so contracted; but if it shall appear that the whole debt arose from such purchase, then the defendant shall have judgment and execution for his costs. SEC. 13. In case any person licensed according to the provisions of this act shall be convicted of keeping a disorderly house, or in case judgment shall be rendered against any such person in a suit on his bond, the town council shall forthwith withdraw and annul his said license; and he shall not be licensed during the two years next following his conviction. SEC. 14. The town clerk of every town is hereby required, annually, within thirty days next preceding the first Tuesday in May, to make return to the general treasurer of the number of licenses granted under this act by the town council of the town of which he is clerk, and of the amount of money demanded and paid therefor, by the persons so licensed; any town clerk neglecting to make said return shall forfeit and pay the sum of twenty dollars for every offence; to be recovered by action of debt by the general treasurer, before any justice of the peace in the county where such neglect shall take place. SEC. 15. Every town council shall pay one half of the money received by virtue of this act to the town treasurer of the town, and the other half, after deducting therefrom two and one-half per cent. for their services in receiving and paying over the same, they shall pay to the general treasurer for the use of the state. The payment to the general treasurer shall be once a year, within the thirty days next preceding the first Tuesday in May. SEC. 16. It shall be the duty of the town councils of every town, on the Monday next following the annual election of town officers in their respective towns, to designate some officer of the town whose duty it shall be diligently to inquire into all breaches of this act, and forthwith to prosecute for the same. An Act appointing the time when the act entitled " An act enabling the town councils in this State to grant Licenses for retailing Strong Liquors, and for other purposes, purposes," shall go into effect. SECTION 1. When license act shall take effect. nor prosecutions for breaches, not affected. It is enacted by the General Assembly, as follows: SECTION 1. The act entitled "An act enabling the town councils in this state to grant licenses for retailing strong liquors, and for other purposes," shall take effect immediately upon the rising of the general assembly at the present session. SEC. 2. The act by the same title now in force, shall be repealed at the same time: provided, however, that such repeal shall not affect any license granted under said act, nor any prosecution which has been or may be commenced for the breach of any of its provisions. An Act imposing a Duty upon Licensed Persons and others, and Bodies Corporate. SECTION 1. Tax-on civil commissions-clerks of courts-banks-insurance companies. 2. Tax when and to whom payable-on counsellors at law. 3. Agent of foreign insurance company to be licensed. SECTION 4. Bank or insurance company neglecting to pay, how collected." 5. Same subject. 6. Act when to take effect. It is enacted by the General Assembly, as follows: SECTION 1. There shall be annually paid by the persons and bodies corporate herein named, to and for the use of the state, the following sums, to wit: By every person accepting a civil commission under the state, the sum of one dollar, to be paid the sheriff at the time of receiving the commission; by every clerk of the supreme court, and by every clerk of any court of common pleas, twenty per cent. on all fees by them received over four hundred dollars; by every bank, the sum of twenty-five cents on each and every hundred dollars of the capital stock actually paid in; by every insurance company incorporated by this state, one twentieth of one per cent. upon their capital stock ; by every person transacting business in this state, as the agent, partner or branch of any insurance company not incorporated by this state, two hundred and fifty dollars; by each mutual insurance company incorporated in this state, one hundred dollars. SEC. 2. Clerks of courts, banks, insurance companies, and agents, partners or branches of foreign insurance companies, shall severally pay the tax and duty hereby imposed on them to the general treasurer; said clerks and insurance companies, on the first Tuesday in May; said banks, one half part thereof on the first Monday in June, and the other half part thereof on the first Monday in December; and said agents, partners or branches of foreign insurance companies, at the time of receiving their licenses herein after provided for. In addition to the foregoing, every bank incorporated in this state, which is authorized by its charter to increase its capital stock, shall pay to the general treasurer two per cent. upon the amount of such increased capital stock, which shall be hereafter actually paid in on the first Monday of June, next after such increase of capital stock; and every person who shall be admitted and sworn a counsellor or attorney in the courts of this state shall, at his admission, pay to the clerk of the supreme court in the county where he shall apply to be admitted, the sum of twenty dollars, to be by such clerk paid over to the general treasurer. SEC. 3. No person shall act or transact business in this state as the agent, partner or branch of any insurance company not incorporated by this state, without first obtaining from the general treasurer a license therefor, upon penalty of four hundred dollars for every offence; and the general treasurer is hereby authorized in his discretion to grant licenses for such purpose, to continue in force one year from the date thereof. SEC. 4. If any bank or insurance company shall neglect for the space of thirty days to pay the duty imposed on banks and insurance companies by this act, the general treasurer shall issue his warrant of distress against the same, directed to the sheriff or his deputy of the county in which such bank or insurance company is located, for the amount of such duty, commanding him in the name of the state to collect of said delinquent said amount, with interest thereon, from the time the same was payable to the time of its actual receipt by such officer, with his lawful fees; and to make return thereof within ninety days from the date of the same. SEC. 5. The officer who shall be charged with the service of such warrant shall levy and collect the sum therein named, by attachment and seizure of the real and personal estate of the bank or insurance company against which the same has |