478 Assembly Proceedings, May 24-June 22, 1768.

Liber H. S.

No. 1

is commonly called a Fair or shall set up any Money or other Thing
to be run for by any Horses Mares or Geldings or to be shot for or
contended for in any Manner whatsoever and at the Place where
such Fair is kept or held or where such Money or other Thing is so
set up to be contended for shall sell or dispose of or cause to be sold
or disposed of by any other Person for his or her Use any Quantity
of Wine, Rum, Brandy, Cyder or other Spirituous Liquors mixed
or unmixed such Person so Offending shall forfeit and pay five
Pounds Current Money.

[Other Per-
sons selling
spirituous
Liquors at
such Fair,
forfeit the
like sum]

And be it further Enacted That if any Person other than the
Person making such ffair or setting up such Money or other Thing
to be contended for as aforesaid shall at any Place of meeting for
any of the Purposes aforesaid sell or dispose of any Wine, Brandy,
Cyder or other Strong Liquors mixed or unmixed such person so
offending shall forfeit and pay five Pounds Current Money

[Proviso,
with respect
to Fairs
established
by Act of
Assembly
&c. or when
a Race shall
be for more
than 1 6 l.]

Provided always that nothing in this Act contained shall extend
or be construed to extend to Prohibit any Person from selling any
strong and Spirituous Liquors or any Mixture of the same at any
Fair authorized and established by Act of Assembly of the Province
Charter or Bye Law of any Corporation or to prohibit any licensed
Ordinary Keeper for selling Strong and Spirituous Liquors or any
Mixture thereof at Horse Races for any sum of Money exceeding
sixteen Pounds Current Money

[None but
licensed
Ordinary-
Keepers, to
sell at such
Race, under
Penalty of
30 s.]

Provided nevertheless and be it Enacted That it shall not be lawful
for any Person whatsoever other than a licensed Ordinary Keeper
to sell or dispose of at any such last mentioned Horse Race any
Wine, Rum, Brandy, Cyder or other Strong Liquors or any mixture
thereof under pain of forfeiting for every Quantity of the same Sold
at one Time to one or more Persons thirty shillings Current Money

tor allowed
to set up
Booths, ex-
cept at Fairs
established
as above,
under the
like Penalty]

And be it further Enacted That it shall not be lawful for any
Person except licensed 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 Convenience on or near any publick Road or at any
other place except where Fairs established by Act of Assembly
Charter or Bye Law of any Corporation are held and sell or dispose
of thereat any Wine, Rum, Brandy, Cyder or other Strong Liquors

[Penalty on
Ordinary-
Keepers sell-
ing after
Sun set]
[Licenses not
to be granted
by the
County
Courts, until
the Party
enters into a
Recog-
nizance, &c.]

mixed or unmixed under the Penalty of thirty shillings Current
Money for every Quantity sold at any one Time to one or more
Persons
Provided always And be it Enacted That it shall not be lawful for
any licensed Ordinary Keepers to sell or dispose of after Sun set at
the Time and place of Horse Racing aforesaid any such strong or
Spirituous Liquors or mixed Drink on Pain of forfeiting for every
such Offence five Pounds Current Money
And be it further Enacted That it shall not be lawful for the
Justices of any County Court to grant a License to any Person to