The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1841-02-17

and pay the sum Of fifty dollars.
r. Sec. 4. If any person shall sell in the dive
70 ling mouse or possessions Of any other persor
II or 10 any place whatsoever ia any town in thi
o Stale, whether on his account. oras the servau
}. or agent Of another, or otherwise howsoeye,
any VINE or strong liquors whatsoever by retail
d IN any less quantity than one gallon. wilhou
d license from the town council of such town
q such person shall forfeit and pay the sum o
fhy dollars.
2 Sec. 5. IL any person not licensed as afore
E said, and occupying any dwelling house. store
e or other possession whatever, shall sell rum
a wine, or strong liquors in any secret and clan
s desiine way, either by dumb waiter revolving
! stand, slide or drawer, or any Other secret way
The owner Of snch house, store or other posses
slons, which shall be hereafter let or leased
: shall be deemed and taken to be The offender
and snlfer the penalties provided therefor: pro.
Tded however, that such owner shall not be H.
able as aforesaid for any snch sale, unless such
sale be made after the expiration Of ten DAYS
iicm the Time when he shall be notified by the
town council, that he is liable TO be proceeded
against Tor the violation of this act: and proy-
ded inrlher that such owner shall be liable as
aforesaid only, in ease he refuses upon demand
made therefor, 10 give the name of the person
or persons offending.
See. q. No debt, contracted for drams or any
intoxicating liquor. sold in any quantity less
than one quart, shall be recoverable in any
court; and whenever action shall be brought
upon any such debt, in whatever form il may
De presented, or upon any security taken there.
for, the defendant may be admitted to testify
therein as competent witness and the pIan
TN likewise: and if, upon the whole evidence
produced, il shall appear that the whole. or anv
part OF SAID debt WAS originally contracted in the
manner aforesaid, judgment shall be rendered
Tor lhe uelendent, II the whole was so contract
ed and treble costs shall be taxed against the
Pdih'lH and pad TO The treasurer Of the town
III ""Ich i1c debt was contracted, to and for the
use OF The poor thereof; and if it shall anncayI
that any part of said debt was originally con.
'f"cied IN the manner aforesaid, the nlaiptjf
shal' recover Judgment only for the part not so
contracted, and the defendant in such suit shall
recover his costs.
Sec. l. No town counsel shall grant a H. |
cense Tor retailing wines or strong Houors in
their several towns on Sundays; and the II.
ceGses granted shall distinctly set forth the
terms aud conditions thereof; and shall SET
orth the section Of this act by virtue of which
hey are granted, and the place where such
VINE or strong liquors shall be sold Each
own council shall take bond with satisfactory
security from all persons so licensed conditioned
o comply with the terms of his license and of
MS act TO maintain good order in their houses
'nu possessions rot TO sell or snfier to be sold
n their dwelling houses or possessions. rum.
'ne or strong liquors in any quantity TO or by
my persons on Sunday nor 10 sell in any
'ther place than thai designated in said bond: :
ot knowingly TO sell the same or permit the
anne TO be sold at any time, in any quantity TO
ny person IN state OF iutoxIcatIon, nor TO a
abiual drunkard, knowing him to be such and |
la foS 4
oxcated IN their respective dwelling houses or ,
ossessions and if any such licensed persop
hall IN any instance wilfuIy violate the con- b
itIon OF The bond by him given. his license shall
c utterly void.
Sec. 6. Whenever auy TOWN councu shall
ave satisfactorily ascerrained that any sbop.
onse, or other building, of whatever descrin-
on IN which drams Of any Intoxicating Iiquor, a
lcluding wines, cider, and ale are sold is fre. tC
uchted or rcsorled 10 by any person who is a u
'mmoh dfunkard or is addicted TO the iBtem. u
efaie use ol any such liquor, or is disturbcr
me peace, or Is wasting his time in idle and
~ iaons; or IS wasting his property or his
fhihSs and means of supporting himself and
anlIIy. 1t shall be the duty of said council. p
'm'didteIy to give notice and warning there.
20 'he Keeper OF such dram shop. house or VI
''dinS aud 1t. after being so notified and m
lhed' SAID keeper shall permit such infem- ed
'''' pefSoH 10 frequent or resort TO his dram m
np' mouse or other building; or shall in any m
v directly or indirectly, knowingly Cir,isi
7h person with any such liquor. he shall for. TO
aud pay the sum Of twenty dollar, for the d
i offence and the like sum. with treble
''S OF prosecution for each and every rene. of
on thereof aftCnyard r.,
sec. y. II the keeper Of any such dram shop. :,
use or huIldmC, shall permit persons under y"
'W ago TO frequent the same. or 10 resort to
Ie'o' anu spend their time dy therein he tel
d, iotlen and pay the sum of twenty dollars ro
ne hfsi offence. and the like sum, with ~
'HNts OF prosecution, for each and every g
'tltinn thereof Sc
Sec. 10. In case III, kecrtr Of any such liz
efn' ''e house. sIctualing house cook shop ce
''cr mouse or oyster cellar, shall be convicted TT
Neeplhg dso itry house, or Of retailing :,
'es or strong l'quors CONTRARY TO the bond by wv
u gwen IN pursuance of this act. it shall be liz
""y o' the town council which granted de-
u "CtnSe' Ionh"Ith 10 withdraw and annul tho
S".ne' ana 10 cause notice thereof to be 10,
:" !" some pubic newspaper, and further ".
seeuie the offender according 10 law. W
sec. lit shall be the especial dury of the
mbers OF the several town counciIs witbou, p,
ins Tor information, or complaints from in NJ,
Iduals' diligently TO inquire into all the
'ches OF The provisions of this nct and TO 'o'
extent OF their power, to aid in carving said Lit
VISIONS INTO full effect. and it shall be the w
= ol all mayors of cities. of all sheritfs, and cl,
II deputies. marshalS. town treasures. town
9ean's. constabes. and overseers Of the poor. "o.
cooperation with said councils, to exert
msevcs 10 the same end. dis
sec II. The town councils of the several RI
us IN lhis state, shall have The power Of Tb
ntlng licenses Tor keeping tavsrps. without
privilege OF setting wine or ardent spirits,
,'het sirosg liquors, in their towns respec-
Iy, Tor which they shall receive no compen- Re
on ~ behalf OF the town or state; taking chs
IDS however as IN other cases is herein be- Nc
provided
~, "a l. Vii