404 Assembly Proceedings, Sept. 28-Dec. 16, 1757.

Liber H. S.
No. 1

recovered, with Costs, in the County Court where the Offence shall
be committed, by Action of Debt, Bill, Plaint, Indictment or Informa-
tion, where no Essoin, Protection, or Wager of Law shall be allowed,
or more than one Imparlance, and applied as herein after directed.

[Penalty on
Others.]

V. And be it further Enacted, That if any Person or Persons,
other than the Person or Persons making such Fair, or setting up
such Goods, Wares or Merchandize, or Sum or Sums of Money, to
be contended for, as aforesaid, shall, at any Place of Meeting, for
the Purposes aforesaid, sell or dispose of, or cause to be sold or dis-
posed of, any Wine, Rum, Brandy, Cyder, or other strong and spiritu-
ous Liquors, or any Mixed 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
recovered in the Manner last before mentioned, and applied as herein

[Proviso as
to Fairs
established.]

after directed. Provided always, That nothing in this Act contained,
shall extend, or be construed to extend, to prohibit any Person or
Persons from selling strong and spirituous Liquors, or any mixture
of the same, at any Fair authorized and established by Act of As-
sembly of this Province, Charter, or Bye-Law of any Corporation,
or to prohibit licenced Ordinary-Keepers from selling strong and
spirituous Liquors, or any mixture of the same, at Horse Races, to
be run for any Sum or Sums of Money, exceeding the Sum of Five
Pounds Current Money. Provided nevertheless, and be it Enacted,

[None but
Ordinary-
Keepers to
sell.]

That it shall not be lawful for any Person or Persons whatsoever,
other than licenced Ordinary-Keepers, to sell or dispose of, at any
such Horse Race, any Wine, Rum, Brandy, Cyder, or other strong
or spirituous Liquor, or many mixed Drink, in which is contained any
such strong or spirituous Liquor, under Pain of forfeiting, for every
Quantity of such strong and spirituous Liquor, or mixed Drink, sold
at one Time, to one or more Persons, the Sum of Thirty Shillings
Current Money; to be recovered as in Case of small Debts before a
single Magistrate, and applied as herein after directed.

[Also none
else to set up
Booths on
the Roads
&c.]

VI. And be it further Enacted, by the Authority aforesaid, That
it shall not be lawful for any Person or Persons (except licenced
Ordinary-Keepers at the Time of Horse Racing as aforesaid), at any
Time to set up, or cause to be set up, a Booth, or other Conveniency,
on or near any public Road, or at any other Place, except where Fairs
established by Act of Assembly, Charter, or Bye-Law of any Cor-
poration, are held, and sell or dispose of thereat, any Quantity of
Wine, Rum, Brandy, Cyder, or other mixed Drink, in which is con-

[Penalty.]

tained any such strong or spirituous Liquors, under the Penalty of
Thirty Shillings Current Money, for every Quantity of such strong
or spirituous Liquors, or mixed Drink, sold at one Time, to one or
more Persons; to be recovered before one Justice of the Peace, as in
Case of small Debts, and applied as herein after directed. Provided
always, and be it Enacted, That it shall not be lawful for any such