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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 Excerpt:...we are waiting I will put in some dates. The decision of the Court of Appeals was rendered on the 27th of March, 1877, in the People v. Smith; the defendant was indicted under Section 14 of Chap. 628 of the Laws of 1857, for selling strong and spirituous liquors and wines in quantities less than tive gallons at a time to be drunk on the premises without having a license therefor as an 864 innkeeper. The jury found him guilty. The defence was that the Board of Excise had given him a license to sell on his premises, the premises not being an inn, and he claimed that that Act repealed the former Act, as it related to that subject. The Court says: "The Act of 1870 provides that the provisions of the Act of 1857, except where the same are inconsistent or in conflict with the provisions of this Act, shall be taken and construed as a part of this Act, and be and remain in full force and. effect throughout the whole of the State. "Held: That the Acts of 1&57 and 1870 do not 8C5 conflict, that no license could be granted under rhe Act of 1870 ' to sell strong and spirituous liquors and wines in quantities less than five gallons at a time to be drank on the premises' except to the keeper of an inn, tavern, or hotel. "Judgment of the General Term reversed." The judgment of the General Term which decided that licenses granted to persons not innkeepers were valid, was rendered in December, 1876, by the Supreme Court, and that decision could lawfully be 8C6 conformed to. It was reversed on the 27th of March, 1877. The Board then, as you are aware, as has been proved, went on to give receipts, and the police magistrates held that those receipts were valid and protected the party, but it was not until this charge of Judge Davis, which I will now rea...