The indictment is under the nuisance act, and that act was not repealed by the St. of 1870, cc. 389, 390. Evidence that the defendant kept for sale and sold ale between July 22 and the first Tuesday of September 1870, was competent to show that he sold ale during that time, and thus kept his tenement for an illegal purpose. Commonwealth v. Bennett, ante, 30. Commonwealth v. Kennedy, ante, 292. Exceptions overruled.