Pennsylvania Superior Court Reports Volume 55

Pennsylvania Superior Court Reports Volume 55

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...unlawful sales and he wishes to justify under such provision of the act it is incumbent upon him to show that the sales were made under such prescriptions. A sale has been defined as a transmutation of property from one to another in consideration of some price or recompense in value, and where one keeps a place where intoxicating liquors are exchanged for a-consideration then and there paid to be drunk on the premises by those who pay for them, whether the consideration be cash, tickets, scrip or chips representing cash, an inference of a sale arises. Where the commonwealth has so shown it has made out a prima facie case, and it is incumbent on the person charged to show either that he has a license or that what appears to be a sale is legally not such. In construing the license law referred to it has been held that it does not refer to the use of liquors in the home. It has also been held that it does refer or apply to liquors distributed among and used by members of certain clubs; that such clubs were institutions which had existed prior to and were well known at the time of the enactment of the law and that if it had been intended to prohibit the use of liquors therein 346 (1913). Charge of Court below. without a license the intention would have been clearly expressed. But whether or not any particular club is privileged and may, for a consideration, distribute liquors to and among its members, depends largely upon its character and the manner of the distribution. All so-called clubs may not do so. Mere drinking places, the object of which is the furnishing of liquors to its members and providing a convenient place of resort for the purpose of getting them, are not privileged but come within the prohibition of the act. To more

Product details

  • Paperback | 242 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236815122
  • 9781236815125