The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1851-11-26

| surelies 10 prosecute MS appeal, ana 10
pay all fines aud costs which may be
awarded against him, and in the case of
any such appeal, where the quantity of
liquors so seized shall exceed five gall
| Ions, if the final decision shall be a.
gainst the appellant, that such liquors
we're intended by him for sale, he shall
be adjudged by the court a common sell
Ter of intoxicating liquors, aud shall be
subject to the penalties provided for in
section eleven. But nothing contained
in ;hIs act shall be construed to prevent
any chemist, artist, or manufacturer in
whose art or trade they may be necessa.
ry from keeping at his place OF business
such reasonable and proper quantity of
distilled liquors as he may have occa-
| sion to use in his art or trade, but not
for sale.
SEC. a. 1t shall be the duty Of any
| mayor, alderman, or seleclman, assessor,
city marshal or deputy or constable, if
he shall have information that any in
toxcatng liquors are kept or sold in
any tent, shanty, hut or place, OF any
kind for selling refreshments in any
public place on or uear the ground OF
any cattle show, agricultural exhibition,
military muster. or public occasion Of
any kind, to search such suspected
place, and if such officer shall find ups
on the premises any Intoxicating drinks,
he shall seize them. and arrest The keep
er or keepers Of such place, and take
them forthwith, or soon as may be, be-
fore some justice or Judge of munich
pal or police court, with the liquors so
found aud seized, aud upon proof that
said liquors are intoxicating, that they
were found in possession Of the accused :.
in a tent, shanty, or other place as ul>
oresaid, he or they shall be sentenced to
Imprisonment in the county Jail for thir-
ty days, and the liquors 30 seized shall
be destroyed by order Of said justice or
Judge.
SEC. l5 II any person arrested un>
der the preceding section, and seuten-
ced as aforesaid, shall claim an appeal,
before his appeal shall be allowed, he
shall Give bond in the sum of one
hundred dollars, with two good and suC-
6clent sureiies, that he will prosecute
his appeal, and pay all fines. costs. and
penalties which may be awarded against
him. And if on such appeal the YER.
dict of the jury shall be against him, he
shall, i'll addition 10 the penalty award
ed by the lower court. pay fine Of
twenty dollars. In all cuses of appeal
under this acl from the judgement of a
Justice or judge of any municipal or
police court, except where the proceed.
ings is by action of debt, they shall be
conducted in said district court by the
prosecuting officer Of the government
and said officer shall be entitled 10 re-
ceive all costs taxable to the State in
all criminal proceedings under this act /,
in addition to the salary allowed to such
- Ia, l,,t IL
ses shall be rem iied or reduced by the
prosecuting officer Of the court. In
any suit, complaint, or indictment, or
other proceedings against any person
for a violation Of any Of the provisions
Of this act, other than for the first Of
fence, it shall not be requisite to sci
forth particularly the record Of a former
conviction, bnt il shall be sufficient &c
allege briefly iha, such person has been
convicted of violation of the fourth
section Of this act, or as a common sci
Ter, as the case may be and such allie,
CATION in any civil or criminal process:
in any stage of the proceedings, before
final judgment, may be amended with
out terms and as a matter of right.
SEC. l6. All payments Of compensa
lions for liquors sold in violation Of law
whether in money, labor or other prop
erty. either real or personal. shall b
held and considered TO have been re
ceved in violation OF law, aud wthou
consideration, and against law, equil
and good conscience, and all sale:
transfers, and conveyances. mortgage.
LENS, attachments pledges, and securl
, ties of every kind, which either i
|, whole or in part, shall have been for q
, on account of spurious or inloxicatin
\ liquors, shall be utterly null and vol
y agoins, all persons aud in all cases, an
, no right of any kind shall be acquire
4 thereby and in any action either
r law or equity, touching such real or pc
4 sonal estate, the purchaser Of such
i. quors may be witness for either part
T. And no action Of any kind shall t
# maintained in any court in this ST al
), either in whole Or in part for intoxic
e ting or spurious liquors sold in any oi
d er State or country whatever, nor shi
i any action Of any kind be had or mai
e tanned in any court in this State. for t
= rncnveru or nnssessinn Of inlnxic alinn