
    Commonwealth vs. Kamp, (two cases.)
    ERROR TO NELSON CICUIT
    1. A license in general terms to keep a tavern, authorizes the tavern keeper to vend spirituous liquors In his bar-room or tavern, to his guests or others, in small quantities, to be drank in the tavern or elsewhere.
    2. The Revised Statutes, chap. 99, art. 4, sec. 1 <5" 3, defines the tippling-house. The 5th and 11 th sections of the same statute, in effect, repeals the act of 13th December, 1851, which provided, in substance, that a license to keep a tavern conferred no authority to retail spirituous liquors.
    1. A license in general terms to keep a tavern,. authorizes the tavern keeper to vend spirituous liquors in his bar-room or tavern, to his guests or others, in small quantities, to be drank in the tavern or .elsewhere.
    2. The Revised Stat,, chap. 
      99, art. 4, secs. 1 and 3, defines the tippling house. The 5th and 11th sections of the same statute, in effect, repeals the act of 13th December, 1851, -which provided, in substance, that alicensetokeep a tavern conferred no authority to retail spirituous liquors.
    
      Case 1.
    June 2.
   Chief Justice Hise

delivered the opinion of the court.

It is the opinion of this court that a license granted in general terms, by virtue of the provisions of chapter 99 Revised Statutes, to keep a tavern, authorizes the tavern keeper to vend spirituous liquors in his bar-room or tavern, to Ms guests or others, in small quantities, to be drank in the tavern or elsewhere, and for so doing no tavern-keeper is liable to the penalty of sixty dollars for retailing spirits, or for keeping a tippling house, as defined by article 4th of chapter 99, Revised Statutes, 663, sections 1st and 3d of said article: and so much of the act approved 13th December, 1851, as provides that a license to keep a tavern merely shall confer no authority upon the tavern-keeper, to retail liquors, is virtually repealed by the provisions of the 5th and 11th sections of the 1st article of the chapter of the Revised Statutes above referred to ; from which it is manifest that a licensed tavern-keeper has the privilege of keeping and retailing spirituous liquors, &c., in his tavern, being responsible, however, in the mode provided in the law itself for the abuse of the privilege.

Harlan, Attorney Genet al, for the commonwealth; Johnson for defendant.

The judgments therefore are affirmed in both cases of the commonwealth against Peter G. Kamp.  