Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1840-02-27

AN ACT to revive and amend the act enti-
tied An Act enabling the Town Councils
in this State to grant licenses retailing
strong liquors and for other purposes
Be ii enacted by he General assembly as
|vllouS:.
Section |. The act entitled" An Act en-
ablng the Town Councils in this State TO
grant licenses for retailing strong liquors,
and for other purposes" is hereby revived rs
the same j. contained IN tho digest Of revised
laws established A. ID. 1922 except so much
thereof as IL inconsistent with this act.
Sec. =. Whenever final Judgment shall be
rendered against any person having license
to retail wines or strong liquors for breach
of his bond given in pursuance Of said revived
act, or such licensed person shall be other
wise convicted Of keeping II disorderly house,
it shnil be .he duty Of the Town Council
which granted SAID license, forthwith to with
draw and annul the same aud to cause no
lice thereof TO be given in sonie public news
paper.
Sec. 3. All subsequent nets purportng to
be in amendment OF, or in addition to, the act
hereby revived: and all acts relating to Ii
ccnses Tor selling wines and strong liquors
under whatever title or titles enacted, are
hereby repealed: PrOrided that this repeal
shall not affect any license already granted.
! Set. A. Whenever any Town Council shall
have reason to believe, and shall satistac-
torily ascertain that any shop, house or other
building, of whatever description, of which
drams Of any intoxicating liquor, including
wines, cider and ale are sold, is trequented
or resorted to by any person who is COM
mon drunkard; or is addicted To the inem-
perate u,e Of any such liquor, or is dlstur-
Der Of the peace or Is wasting his time in
idle and bad habits; or is wasting his prop
cry or his earnings and means OF supporting
himself and his family, it shall be the duty of
said council, Immediately, to give notice and
warning thereof Ia the keeper of such dram
shop, house or building: ana if, after being
81 aotlfed and warned said keeper shall per-
NIT such intcmpergte person to frequent or
resort To his dram shop, house or other build
ing; or shall in any way, directly, or lnd.
reciy, knowingly furnish such person with
any such liquor, he shall forfeit and pay the
sum of twenty dollars for the first offence
al,i The like SUN, with treble costs Of prose
culion for each and every. repetition thereon
a.terward.
Sec. 4. No dctt, contracted in whole or in
part, for drains Of any intoxicating liquor,
shall be recoverable in any court; and,
VIII, never any action shall be- brought upon
any such debt, in whatever form II may be
presented; or upon any security taken there
for, the defendant may be admitted to testify
therein as a competent witness, and the PLAIN
tiff likewise, mud If, upon the whole evidence
produced, it shaI. appear that the whole or
any part OF said debt.was originally contract.
ed in manner aforesaid, judgment shall be
rendered for the defendant, and treble costs
shall be taxed against the plaintiff and paid
TO the treasurer of the town ~ which the
debt was contracted, to and for the use of the
poor thereof.
Il Sec. ). II the keeper Of any such dram.
shop, house or building, shall, after having
been notified and warned as aforesaid, permit
boys, or youths under lawful age, to frequent
the same, or to resort thereto, and spend their
time Idly therein, he shall forfeit and pay the
sum Of twenty dollars for the first offence,
and the like sum. with treble costs Of prose-
cution, for each and every repetition thereof.
I Sec. g. |; shall be the especial duty OF the
several Town Councils without waiting for
information, or complaints from individuals,
diligently to inquire into all breaches OF any
of the provisions of this act and, To the en-
tent Of their power, II aid in carrying SAID
provisions into full effect: and it shall be the
duty of all she.lfs, and their deputies, mar
shals, town scrgcanis, and overseers OF the
poor, IN corporation with said councils, to
exert themselves Ia the same end.
\ Sec. z. The penalties imposed by this act,
and by the act revived should any of them
be incurred, may be sued for and recovered
in any competent court, by indictment, or by
action of debt, in The name Of the Town
Treasurer of the town in which they may be
incurred; and shall BE- for the use OF the poor
in said town.
Sec. s. The word"Town," ,""1'own Council"
and "rown Treasurer" used ia this act, shall
be construed TO include the city, city council,
and city treasurer Of Providence.
| House Of Representatives, Jan. - lSiO.
Il True copy-witncss:
II EnAA AD ~ II II l'lcri