Acts. 477

Observation of such Misbehaviour contrary to the Directions of this
Act it shall be lawful for them to suspend such Ordinary Keeper
until the next County Court who may hear and finally determine the
Matter and either entirely suppress or Permit the Contiuance of
such Ordinary

Liber H. S.
No. 1

And be it further Enacted That if any Person so suspended shall
presume during such Suspension to keep Ordinary such Person
shall incur the same Penalty and fforfeiture as Persons keeping
Ordinary without License are subject to by this Act.
And be it further Enacted That any Keeper of an Ordinary which
shall be so suppressed or other Person that shall Presume to keep
Ordinary without License first Obtained as aforesaid shall for
every Month he or she shall so keep Ordinary fforfeit and Pay ten
Pounds Current Money and so proportionably for a longer or shorter
Time

[Persons
suspended
not to keep
Ordinary
under
Penalty]
[If sup-
pressed, &c.
and con-
tinuing so to
do, to forfeit
10 l. per
month]

And be it further Enacted That every licensed Ordinary-Keeper
shall sell only by Sealed Measures except Bottled Cyder, Perry,
Quince Drink and Strong Beer of the Produce of this Province
and such Liquors as shall come into this Province in Bottles And
that any Ordinary Keeper who shall neglect to keep a Sealed Quart
half Pint and Gill Measure and shall refuse or neglect to sell by
the same as aforesaid shall forfeit any pay the sum of four Pounds
Current Money

[To keep
sealed mea-
sures, under
the Penalty
of 4 l.]

And be it likewise Enacted That from and after the first Day of
September next any Person whatsoever not being licensed to keep
Ordinary who shall presume to sell any Rum, Brandy, Cyder or other
Spirituous Liquors mixed or unmixed and suffer any Part thereof to
be drank in or about the House or Plantation of such Person or who
shall sell any Spirituous Liquors as aforesaid at or near the Court
House of any County in this Province or at or near the place of
any Muster or Training of the Militia or on Board any Vessel within
this Province and suffer the same to be drank in such Vessel except
to Sailors or Persons belonging to or employed to labour on Board
such Vessel such Person so Offending shall forfeit and pay thirty
shillings Current Money for every such Offence

[Persons not
licensed, and
selling
spirituous
Liquors,
after the 1^st
of Sept. if
drank in, or
near his
House, &c.
to forfeit
30 s.]

Provided always that nothing in this Act shall be construed to
prohibit any Merchant or Person keeping Store for the Sale of
Merchandize from retailing Liquors so as such Liquors be not
drank in the House, Store or Place where the same shall be sold

[Merchants,
not pre-
vented, under
a Restric-
tion]

Provided also that nothing in this Act contained shall be construed
to prohibit any Person or his Agent, Clerk or other Manager to dis-

[Proviso]
p. 716

pose of any strong or Spirituous Liquors to Tradesmen Labourers or
others hired or employed by such Person or his Agent Clerk or
other Manager

And be it Enacted That from and after the said first Day of
September next if any Person whatsoever shall make or hold what

[Persons
after the 1^st
of Sept. mak-
ing a Fair,
and selling
spirituous
Liquors,
forfeit 5 l.]