Acts. 403

II. And be it Enacted, by the Right Honourable the Lord Pro-
prietary, by and with the Advice and Consent of his Lordship's Gov-
ernor, and the Upper and Lower Houses of Assembly, and the
Authority of the same, That from the first Day of March, which
shall be in the Year of our Lord, One Thousand Seven Hundred
and Fifty Eight, it shall not be lawful for any Person or Persons
whatsoever, not being licenced to keep Ordinary, to sell any Quantity
of Rum, Brandy, Cyder, or other spirituous Liquors, or any mixt
Drink, in which is contained any such spirituous Liquor, and suffer
the same, or any Part thereof, to be drank in or about his, or her or
their House or Houses, or on his, her or their Plantation or Planta-
tions, under the Penalty of Thirty Shillings Current Money, for every
Quantity of such spirituous Liquors, or mixt Drink, sold at one Time,
to one or more Persons, and suffered to be drank as aforesaid.

Liber H. S.
No. 1
[30 s.
Penalty for
selling
Liquor,
except by
Persons
licenced.]

III. And be it further Enacted, That from and after the said first
Day of March, in the Year 1758, if any Person or Persons, other
than licenced Ordinary-Keepers, shall presume to sell or dispose of
any Quantity of such spirituous Liquors, or mixt Drink, at or near
the Court-House of any County in this Province, during the Sitting
of the County Court, or Court-Martial, or at any other public Time,
or at or near the Place of any Muster, or Training of the Militia,
such Person or Persons, so offending, shall, for every Quantity of
such spirituous Liquors, sold to one or more Persons, at one Time,
either mixt or otherwise, forfeit and pay the Sum of Thirty Shillings
Current Money, to be recovered before one Magistrate, as in Case
of small Debts, and applied as herein after directed. Provided always,

[Not at
Court-
Houses or
Musters.]

That nothing in this Act contained, shall be construed to prohibit any
Merchant, or Person keeping Store for Sale of Merchandize, residing
at any Court-House within this Province, from retailing Liquors, so
as such Liquors be not drank, or intended to be drank, at the House,
Store, or Place, where the same shall be sold.

[Proviso as
to Merchants
retailing.]

IV. And be it further Enacted, That from and after the said First
Day of March, in the Year 1758, if any Person or Persons what-
soever, shall make or hold what is commonly called a Fair, or shall
set up any Liquor, Goods, Wares, or Merchandize of any Sort or
Kind, or Sum or Sums of Money, to be run for, by Men or Women,
or by Horses, Mares, or Geldings, or to be shot for, or contended
for in any Manner whatsoever, and at the Place where such Fair is

[Persons
holding Fairs
not to sell
Liquor,
under a
Penalty of
51.]

kept or held, or where such Liquor, Goods, Wares and Merchandizes,
or Sum or Sums of Money are set up to be contended for, as afore-
said, shall sell or dispose of, or cause to be sold or disposed of, by his,
her, or their Servants or Slaves, or by any other Person, in his, her,
or their Behalf, any Quantity of Wine, Rum, Brandy, Cyder, or other
spirituous Liquor, or any mixt Drink, in which is contained any such
strong or spirituous Liquor; such Person or Persons, so offending,
shall forfeit and pay the Sum of Five Pounds Current Money, to be

p. 350