Page 163 - index

160 MUNICIPAL LAW.
said jK'ison l>y luiy lici-iised person of iiny other city, town or iistrict to
wliicli lie resorts or may be likely to resort for ]i(|Uor.
Any person so prohibited or notified, his servants or a<;ents. who
violates' this section is liable for the Hrst oHencc to a tine not excoedinj;
!?2(); and f(jr a second or any subHe(|uent oflenco, to a penalty of not less
than ^:J() nor more than !^50.
If any other person who knows that liipior has l)een prohibited" to
such ilrunkard, either j^ives, sells or procures for him any lii|Uor. they
shall, upon conviction, incur foi- every such oU'ence a tine not less than i^'2o
nor more than >'oO.
The person in respect i f whom such notice has been ijiven may have
it set aside by ap)ilyin<(. to the County Judj^e, but he nnist j^ive the polici;
niajfistrate or justices wIkj sijrned the jietitiijn seven chiys' notice of his
intention to ilo so, and also the County Crown Attormy. The Judj^e may
then, after hearing the case and beinj; satisfied that the wife or luisband
(if married) of such person consents thereto, either set aside the proliiliition
or dismiss the said application as seems to him best.
TiH- Relatives Prohibiting. The husband, v. ife, parent or child,
twenty-one years of ati,e ; brother, sister, niosier, frnardian or employer of
If,; any person who has the habit of tlrinkiuf,' intoxicatinjj licpior to excess:
or the parent, brother or sister of the husband ur wife of such drinkini;
person ; or the guardian of any child of such driidvinjf i)erson : may ^dve
notice in writin<f (or may re(|uire the inspector to j;ive the notice). si<rned
by him or her, to any person licensed to .sell intoxicatinij li(|Uors !iot to
deliver intoxicating.^ lit|Uors to such inking person. If the person so
notified at any time within twelve months after such notice, either himself,
clerk or agent (otherwise than on a re(|uisition signed by a physician)
delivers or sutlers to be delivered from any place whatever where such
liiiuor is sold to the person having such habit, incurs, upon conviction, a
penalty not e.\ceeding :?50 : or the person giving such notice, or rei|uiring
the Inspector to give it. may, in an action as foi* personal wrcmg if brought
within six months theit-after, recover from the per.son notified a sum not
less than 5*20 nor more than .S500, as the court or jury awards.
':fil
A married woman ma\' liring such action in her own name without
' ji I any authority by her husband, and the damages n-covered by her shall go
to her separate estate. In ca,se of death of either phiintifl" or defendant
the action and right of actiim survive to the legal representatives.
If after the service of such notice, any other ])er,son with a knowledge
of such notice gives, sells or procures for or on behalf of such >lrinking
personally licpior incurs, upon conviction, for every such offence a penalty
not less than 825 nor more than !*50.
t^i. Money for Liquor Illegally Sold. Payment for li(iuor ille-
gally furnished cannot be collected, and if payment in any form whatever
has been made it may be recovered back from tlio receiver.
Every sale, transfer, conveyance or lien notes or .securities of any
kind, given on account of li(|Uors illegally furnished, are wholly null and
void, unless they have come into the hands of third parties without notice
for value.