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

AN ACT enabling the Town Councils in
|, this State, 10 grant Licenses for retailing
strong liquors, and for other purposes.
BE IL enacted by The G,nerm assembly as
joHOtos:
Section I. The town councils of the re
spcctivc towns III this state, shall have the
power of granting licenses for keeping
tavcrns, ale-hOuseS, vlctualing. houses, COOK
shops, oyster houses or oysler-cellars, and
retailing wines or strong liquors within their
several towns, und shall take for each license
granted in their discretion, as follows: For
each License for keeping a tavern. le.house,
vic!ualng- house, cook shop, oyster. house oi
oyslcr.cellsr, and retailing vines or strong
liquors in sald places IN quantities. less than
a gallon, IA sum not exceeding ti!iy dollars,
nor less than twelve dollars. For each Il.
crnsc granted for retailing wines or sirong
liquors IN places To bG specified in said IT,
censc, IN quantities NOT exceeding one gallon.
and not less than one quart, n sun not cx
reedlng twenty-five dollars, nor less than FIVE
collars, which sum shall be paid into the
town treasury when such license is granted ;
one h'lh part Of which said sun So received,
shall be paid by the town treasurer of said
I
and the remainder shall be- 10 said town trca.
sury 10 and !or The use Of said town; Pro.
vldcG, however, said wine or strong liquors
las, mentioned sold in plnces specified in
the license, shall not he drank or used IN The
shop or possessions OF the person so selling
the same.
Sfc. =. II any person in any town n this
state, >hail open or keep open any tavern,
n n al IA. 4.
ter.hnuse or oysier.ccllar, without license
first had and obtained from the town council
of such town, such person slul forfeit AID
pay the SUN Of fifty dolI"rs.
Sfc. y. IL any person IN any town in this
state. shall sell, or suffer 10 be sold, ~ his
dwelling house or possessions, by h.s wife,
Children, or servants, or other persons whom.
soever, any rum, VINE, or strong liquors
whatsoever, by retail, in any less qunntily
than gallon, without license first had aud
obtained from the town council os aforesaid
such person shall forfeit and pay the sum oi
fifty dollars.
Sec. 4. Ii any person shall sell in the
dwelling house or possessions of any other
person, or in any place whatsoever in any
town IN this State, whether on his account,
or as the servant or agent of another or
liquors whatsoever by retail, in any less
quantity than one gallon, wlihou, license
from the town council of such town, such
person shall iorfeI, and pay the SUN OF fifty
dollars.
Sec. ,. II any person not licensed as afore. |
sad, and occupying any dwelling house,
store, or other possession Whatever shall Sc III 4
rum, VINE, or strong liquors IN my secret |
r InIH 4
waiter, revolving stand, slide or drawer, or |
any other secret way, the owner Of such
house, store, or other possessions, which
shall be hereafter let or leased, shall be deem
ed and taken 10 be tie offender and suffer ]
The penalties provided therefor: provided
however. that such owner shall not be liable |
MS a'orcsald Tor pny such sale, unlcss such |
sale be made after tho expiration of ten days 1
from The time when he shall be notified by |
the town council. That he is liable 10 be pro. |
cecdrd against for the violation Of tins act
and provided further, that such owner shall 4
bo liable as aforesaid only, in case he re
fuses upon demand made therefor, to give
The name of tue person or persons so offend I
ing.
Sec. g. No debt contracted f,r drams or
any Intoxicating liquor, sold IN nny quantity |
''S' IVAN ono quar-, shhII De T'coVtfhOle 10
any c"uu aud, whenever action shall be
brought upon any such debt, IN whatever
iurn II may be presented, or upon any sccu.
my taken therefor, The defendant may be
admitted to testify therein ~ competent
witness, md the plaintiff likewise; aud u, i
upon the whole evidence produced. II shall 4
appear that The whole, or any part Of SAID II
debt was originally contracted ~ the man.
ner alorcsald, Judgment shall be rendered tor
The defendant, II The whole WAS so coptfoct.
ed. aud treble costs shall be taxed against he
plaintiff and paid 10 The treasurer of The town \
~ which The debt was contracted, 10 and Tor \
The use of the poor thereof aud n II shall ap
poar ih', any part Of sad debt was originally
eon'rltied 10 iba maDncr AFORESAID, ib. pluin
IN shsll rseoyor Judgment on'y for lhe pari h
not 90 contracted md the defendant ~ such I
Spit shall recover bis costs. 1