The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1838-02-14
RHoDE.IsLAND REpunLIcAx n, FEBRUARr 14,-lsas

store, or possessions, or IA the house, store
. or possessions Of any other person or per-
sons, for himself or for nny other person
or persons; or If any person shall suffer 10
be sold ia his or her dwelling or possession us
rum, wiDc,~ or other strong liquors in any
quantity or quantities less than ten gallons.
without license first had aud obtained in
manner herein before provided, he, she or
they shall forfeit and pay the sun, Of fifty
dollars, to he recovered before any court If
competent jurisdiction, either hy iudictn ent
TO and for the use of the state, or by the
town or city treasurer of the town or city
wherein the offence, was committed, in an
|, action of debt, to and for the use Of said
town or city aud any sale of quantity
of ten gallons or more upon an agreement
express or implied, that the article sold
shall be delivered or taken in any quantities
less Than ten gallons, shall be deemed and
taken TO he II violation Of this act.
Sec. Z. IL any person occupying any
house, store, or other possessions, aud not
having license from the town council or
board Of aldermen Of the town or city in
which said possessions may be, shall sell
rum, vine, or other strong liquors in a Sc
crei and candestine way, either by dumb
waiter, resolving stand, slide or drawer, or
in any other secret or clandestine manner
contrary TO the true meaning of this act,
aud such person SO attending cannot be
discovered and known, the owner of such
house, store, or other possessions which
shall be hereafter let or leased shall be
deemed and taken to be the person so Of I
Tending, and shall forfeit and pay the sum
of fifty dollaIs to he recovered before any
court Of competent Jurisdiction by the town
or city treasurer Of the town or city
wherein the offence wns committed, in
an action of debt, to and for the use
OF SAID town or city; Provadrd h0i1-
eUer, that no such owner or owners shall be
liable TO the penalty aforesaid for any sale
so made, unless such sale be made nfter the
expiration of ten days from he time when
he shall be notified by the town council Of
wherein such sale shall be made, that he is
TO be proceeded against for violation of
this act: aud prosided further, that such
owner shall be linble as aforesaid, only, in
case he refuses upon demand made therefor,
to give the name of thc person or persons
to whom he leased said possessions. !
See. 8. The town councils of the several
towns in This state and the board Of alder
men of the city Of Providence shall have the
power of granting licenses for keeping TEN
perance taverns, without the privilege of
selling wine or ardent spirits in their towns
or city respectively ; for which they shall
receive no compensation in behalf the town,
city or state; taking bonds, however, as in
intb IL har hsf IoI
Sec. 0. II any person or persons in any
town within this state, or within the city of
Providence, shall erect, or continue any
sign before erected, for the keeping of a
public house, without first obtaining H.
cense therefore rs aforesaid, he, she, or they
shall forfeit and pay the sum of twenty dol
lars, to be recovered by the town treasurer
for the use oflhe town, or by the city treas
urer for the use of such city, by an ac-
lion of debt, in any court of competent ju- [
risdiction ProUned howerer, that ali Ferry (
houses shall be exempted from the operation
of this section.
Sec. 10. In any indictment agninst any
person for selling or suffering to he sold in
his or her dwelling house or possessions,
rum, VINE, or other strong liquors contrary
w ""y vi cth'I VI tHc PROVISIONS OF tfllS ACT, |
it shall be sufficient to set forth, that such
person did within the times mentioned in
such indictment SELL or did within The times
mentioned in such indictment suffer To be
sold in his or her dwelling house or pos
sessions, rum, wine, or other strong liquors
in quantities less than ten gallons, wllhou,
setting forth therein the name of the person
10 whom such sale was made; the parlicu-
lar quantity or kind of rum, wine or other
strong liquors so sold, or tho precise time
Of such sale; and that proof of any sale of
rum, wine, or other strong liquor made or
suffered by the person indicted. contrary
to any or either of the provisions of this act,
within the times mentioned in such indci-
ment, shall be sufficient to convict the per-
son so indicted.
Sec. l. Such portions Of the several
acts now in force as are inconsistent with
this act, are hereby repealed.
Sec. I2. This net shall! take effect from
and after the rising Of this general assembly:
Frorided, that it shalln affect any licenses
already granted.
True copy-witness.
HENRY BONEN Sec'rv