Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1841-02-25

censs for retailing wines or slrong liquors IN
their several towns OH Sunday; and The II
ccnses granted shall distinctly set forth ih"
II terms aud conditions thereof; aud shnll sci
Il forth the section Of this act by virtue OF
which they are granted, mud place where
such wine or strong liquors shal. be sold.
\ Each town council shall take bond with sat.
isfaciory security from all persons so licensed
conditioned Ia comply with the terms Of his
license aud OF this act: tn maintain good or.
der IN their houses and possessions not 10
II sell or suffer 10 be sold in their dwelling
houses or possessions, rum, wine or strong
| liquors IN any quantity To or by any persons
on Sunday: nor to sell the same IN any other
\ place Than that designated in said bond: not
II knowingly 30 sell the same or permit the
s0me io he sold OF any time in any quantity
TO any person 10 u state Of inloxicoilon. nor
to hnbi'ual drunkard, knowing hun to be
such: and not knowingly to suffer any per-
son to become intoxicated in their respective
dwelling houses or possessions and If any
such licensed person shall in any instance
witully violate the condition of the bond by
him given, his license shall be utterly void.
Sec. B. Whenever any town council shall
have satisfactorily asccriained that any shop,
house, or other building. of Whatever de-
scriplion, in which drains Of any Intoxicating
liq'ur, including wines, cider, and ale are
sold, Is irequeDtcd or rcsorted TO Ivy any per-
|. son who is a common dfuDkard or is ad-
dlcted 10 the incorporate use Of any such
liquor, or is n disiurbcr Of the peace, or rs
wasting his time in idle and bad habits or
is wasting his property or his earnings aud
rpeans of supporting himself and his family
/, shall be the duty of said council. i,nmsdI-
aiely to give notice and warning thereof to
the keeper of such dram shop, house or build
ing and IT, after being so notified and
warned. said keeper shall permit such intcm.
pcrate person to frequent or resort To his
dram shop, house or other building; or shall
in any way, directly or indirectly, knowingly
furnish such person with any such liquor, he
shall forfeit and pay the sum of twenty dol.
lars for the frs, offence and tho like sum ).
with treble costs of prosecution for each and
every repetition ihere9S aftcrward.
!Scc. .. II the keeper of any such dram
shop, house, or building, shall permit pers ons
under lawful nge, 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 prosecution,
for each aud every repetition thereof.
Sec. 10. in case the Keeper Of any snch
tavern, ale-house, victuallng -housc, cook-
shop, oyster house or oysicr.cellar, shall be
convicted Of keeping a disorderly house, or
of retailing wines or strong liquors contrary
to the bond by him gwen in pursuance Of
this act, It shall be the duty of the town
council which granted said license, forthwith
TO withdraw and annul the same: and to
cause notice thereof TO be given IN some
public newspaper, and further prosecute the
offender according TO law.
Sec. II. 1t shall be the especial duty of
the members Of the several town councils
without waiting for information. or complaints
from individuals, diligently to inquire into al
the breaches Of the provisions Of this net
aud to the extent Of their power, To aid III
carrying sand provisions into full effect, and
1t shall be the duty Of all mayors of cities, Of !
all sherifis, and their deputies, marshals, \
town trensurcrs town sergeants, cOnsiahles. l
and ovprsecrs of the poor. in cooperation
wllh said councils 10 exert themselves 10 the |
same end.
See. l2. The town councils Of the several /
towns IN this state. shall have the power OF |
granting licenses for keeping tnvcrns, with
out the privilege Of selling wine or arden,
spirits, or other strong liquors, in their towns
respectively. for which they shall receive no
IN behalf of the town or state Il
akIng bond however as in other cases j.
herein before provided. i
SIC. l3. In any notion or prosecution II
against amy person for selling or suffering 70 II
De sold in his dwelling house or possessions. \
rum, wine or other strong liquors contrary 10
any or either Of The provisions of This act, ar
for otherwise offending against the provisions
thereof. 1t shall be sufficient to set forth iu
the declaration or indictment that such yer. Il
son did wl'hin the times mentioned therein. Il
sell or suffer 10 DO sold in his dwelling house |.
lr possessions, rum, wine or other strong Il
liquors in quantities less than one gnlion.
without setting forth therein the name Of the j.
'crson 10 whom such rum, wine or other
'rong iiqnor was sold or furnished, the kind
'r quantity thereof: and that proof Of any
ale oi ruin, wine or other strong liquor made
'r suffered by the person complained of or
indicted, contrary to any or either oi the pro.
Isions of this act within the times mentioned !
n such complaint or Indictment, shall be suf Il
icient to convict the person so complained OF Il
,r indicted H
Sec. ii. The words town, town council 4
md town treasurer. used in this act, shall be
construed to include the city, board Of alder.
nrn, and city treasurer Of Providence.
S'c. ID. The penalties imposed by this act
nay be sued for and recovered before nny
our, of competent jurisdiction by indictment,
" by an action of debt: one hnlf thereof to
he use o. hun who shall inform or sue for
he snmc, and the other half To and for the
80 OF The town where such offence shall be
ommitted
SIC. l6. All nets and parts of acts relative
o the granting of licenses for retailing wine
v strong liquors, or TO the granting of H.
cnses for Keeping tavcrns, ale houses, VIC II
Mailing houses, cook shops, oyster houses. or
ysler cellars are hereby repealed: Provided
owcver, tha, this repeal shall not affect any
c"nse already granted, or any SUIT or in
lclment already commenced.
Sec. IL. This act shall take effect from
nd after The first Monday in March next,
nd not before. H
True copy witness II,
HENRY BOWEN, Scc'ty.