THOMAS H. HICKS, ESQUIRE, GOVERNOR.

621

in this act shall be so construed as to allow ped-
lars to traffic or trade in spirituous liquors in any
manner whatever; And provided further, that
the oath or affirmation required by the fifth and
sixth section of this act may, in the several coun-
ties of this State, be made before a justice of the
peace, and a copy of such oath or affirmation
shall be filed with the clerk of the county to
whom application is made.

SEC. 7. And be it enacted, That it any person
or persons shall violate the second, third and
fourth sections of this act such person or persons
shall upon indictment and conviction forfeit and
pay to the State a fine of not less than twenty dol-
lars nor more than one hundred dollars for each
offence, and upon a failure to pay said fine with the
costs of prosecution, such person or persons shall
be committed to jail and be confined therein until
such fine and costs are paid, or for the period of
twenty days, whichever shall first occur.

Penalty for
violation of the
second, third
and fourth sec-
tions of act.

SEC. 8. And be it enacted, That if any person
or persons shall sell or barter any spirituous or
fermented liquors or lager beer in quantities less
than a pint without first taking out a license as
provided for by the fifth or sixth sections of this
act, such person or persons, shall upon indictment
and conviction forfeit and pay to the State a fine
of not less than fifty, nor more than two hundred
dollars, for each offence, and upon failure to pay
the same, together with the costs of prosecution,
shall be committed to jail and confined therein,
until such fine and costs are paid, or for the pe-
riod of forty days, whichever shall first occur.

Penalty for
selling liquor
without license.

SEC. 9. And be it enacted, That if any person
or persons, shall take out an ordinary license as
provided for in the fifth section of this act, with-
out having the accommodations required by said
section, such person or persons shall, on indictment
and conviction, forfeit and pay to the State, a fine
of not less than fifty nor more than two hundred
dollars, together with the costs of prosecution, and
upon failure to pay the same, shall be committed
to jail and confined therein until such fine and costs
are paid, or for the period of forty days, which-
ever shall first occur; and it shall be the duty of
the court, before which such person or persons

Penalty for vi-
olation of fifth
section.