Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1852-12-09

thereof the third, or any subsequent time, he
5hall be imprisoned in the county jail not less
than four nor more than twelve months; such
| forfeiture and payment to be recovered, aud
such penalty to be inflicted, upon complaint. in
formafon or indictment; but if not so prosecu
ted within one year after the off4nce i5 commit
| ted, such forfeiture and pnyment my he recov.
cred by an aclol of debt tn the name and for
the benefit OF the town or city where heoflence
was committed and it shall be the duty of the
selectmen OF such town, or the mayor or alder.
man OF any city, 10 commence such action upon
! beng informed OF any such offence and furnish
ed with the evidence hateof Provided. that
nothing IN ibis act contalaed shall be construed
to prevent The Manufacture and sale 6f cider in
quantitiqssafsn,t less than FIVE gallons for lned-
ciOal, chemical, mechanicaland culinary pnrnoss
ses only, nor the minuiacipre. by any one for
his own consumption and use, Of any fcrnenicd
4 Hqi0f.
SEc engaged aplawfhI
stSI.; q peisaE 81
This ACT; an,l I'll ~ snail be cBiTNua
ligcsted tothecouf Aas anY esnbef empannel-
led'upnn sacIlinry Is believ tosbe engaged ln
snch traffic, Tile cuart shall inquire Of him asto
the truth thereof; and no answer that he shall
make shall be used against him in any case arl-
sing under this act but he may decline TO an
swer and in that case he shall be discharged
tom such panel and il he answer falsely, he
shall be incapable Of serving upon any jury
| tnereafler - PrOUtded. that no erdct agdtnSl
any respondent IT such / case shall be vflaed
or impeaChed, IN consequence of such person
having been upon the jury by which II was rem
drreu.
SEC /. All cases arising under this act
shall take precedence of all other trials IN the
court IN which they are pending except those
in criminal cases where the respondents are un.
d@r arrest and neither the court nor prosecuting
officer sha i have authority 10 enter nnlle piO
s"qul, or to grant n continuance, IN any case ar
isilE under This act either before or after the
verdict except where the purposes OF justice
requires 1t.
SEC II. Ii any three persons, voters IN any
town, shail make compliant under oath or attr
nation, before any justice OF the peace IN the
county, that they have reason to believe, and do
believe, that Intoxicating lqu0r is kept or depo
slted N any dwelling house, store shop.steamb0at,
or water craft Of any kind. depot, railroad c'r,
or land carriage Of any kind, warehouse or
other building or place IN said town, and lhen-
> ded ioI sale, by any person not authorized to sell
the same, said justice of the peace shall issue Il
f warrant to any sheriff constable of the state,
: to search the premises described IN such com
9 plant and # any intoxicating liquor is found
= lh0leln under circumstances warranimg the be-
- lief that it is intended for sale contrary to
/ the provisions OF this act, such ohcer shall
G seize the same and convey 1t to some proper
Q place of security and keep the same until final
: action is had thereon; and the owner or keeper
e Of the liquor so seized, II he be known to inc
If officer sclzng the same, shall be summoned oN
l. hm to appear forth before the justice ssu'h!
d the warrant; and if he fail to appear. or to shoV
n by satisfactory evidence that said liquor IS nc
9 intended for sale contrary to the provisions {
MT this act, or is of foreign production, that III
id same has been impaired under the laws OF Ii
to United Safes, and IN accordance Herewith th
o. it is contained in the original packages in whiC
Sc it was imported, in quantities not less than Il
ed Ia VS. of the Uni'e States prescribe, such Iiqu
shall be adjudged forfeited, and shal be desr0
to ed under written order Of said justice, aud
" his presence, in the presence OF slme perso
n appointed by him, and named IN said order it
I'd that purpose who shall JON with the officer ca
to ecutlng such order in cer'fng, upon the ha'
It, thereof, the execution of the same aud tn
+, owner or keeper o. such qnor shall pay TO sal
70 town fine of twenty dollars and costs, H. III to
IL opinion Of said justice, said liquor was kept u
b. deposited for the pnorpose OF sale, contrary t
the provisions of this act. And the custor
II house certificate of importation, and proof q
to marks on the casks or packages, in winch sue
n liquor Is contained corresponding thereto, sha
Id not be received AS evidence that the liquor con
u tlined in such packages Is that actually lmpor
5. ted therein.
x SEC. l3 lfthe owner, keeper or possesso
D. of any liquor so seized shall be unknown to lh
officer selzlng the sane, 1t shall, before bein
ny destroyed, be advertised, with the number an
ng description Of the casks or packages by postIn
OF up IN some public place, for two weeks write
nd notice of the proceeding. And if it shall b
he made TO appear, within the space OF two week
he as aforesaid that said qunr Is actually the prop
mt erty of any town III this state, and was 81 whe
"a seized, and had been purchased tor sale by tn
agent Of such town. for medicinal, chemical an
-k, mechanical purposes Ony, the officer having tn
", custody Of such liquor shall, upon the order
ct, SAID Justice, deliver such liquor to the agent {
he the town whose property ii is. taking his recell
he for the same, upon the back Of SAID ORDER |hc
"a he shall lhereupon return to said Justice and
cit nos so made to appear such liquor shall be pre-
he ceeded with as provided IN the last pIecedn
lc- section.
lty SEC. IA. Any person claiming such lquC
he may appeal from The judgment of said justice
,re bnt his appeal shall not be allowed until he give
with good and sufficient sureties a bond in tn
we sum Of two hundred dollars, conditioned that h
les prosecute his appeal toe effect, a"d pay al nne
all lorfeilnres and COSTS which may be final
in awarded against him; and it the final decisIo
M be against him, and the liquor seized as ator
Ihe said exceed in quantity I've gallons he shall
OF adudged BY the courta common seller OF into
- nj hall ha cuh fs,.f INC
he ties provided in section nine of this act, and sa
or liquor shall be destroyed, as provided IN secuc
of twelve. Nothing in this act contained shall
be so construed as to prevent any chemist, artist
st- manufacturer, in art trade 1t may be necess
INV ry.from keeping, at his place of busn ss, SUI
re- reasonable and property quantity of distilled
onor as he may have occasion 10 use in his o
an or trade, but not for sale.
bv SEC Is. Ii shall be The duty Of Rny sheri
,m- shentf's deputy, constable, selectman or gar
lfi- Juror, if he shall have information that any 4
one toxIcatlng liquor is kept or sold in any ter
sct. shauy hot or place OF any kind ior selling r
and ireshments in any public place, except dwelir
led houses, on or near the ground OF any Gait
,ch show, agricultural exhlbon military muster
,nd public occasion of any kind to seach such su
the pected place without warrant, and It such otic
ed. shall find upon the premises any intoxcdtlI
ned liquor, he shall seize aud apprchend the keep
1ch or keepers of such place, and take them, wi
this the liquor SO found and seized forthwith, or
soon as cohviently may be, before some justl
ade OF the peuce of the town in which the same W
any found; and thereupon such officer shall make
der written complaint under oath, and subscribed
, or him, to such justice and upon proof that su
hall liquor is intoxicating, that the same was lou
hail 10 the possession of the accused, in tent sha
or ty, or other place aforesaid, he or they sh
hall be sentenced to imprisonment in the county j
And of the comfy where such offence was commlllC
uch for thirty days, and the liquor so seized shall
ON. destroyed by order Of said justice, as prOvld
)se IN the twelilh section OF TINS act; ana II
naasnn ANN ehandad nnder this sectlnn A