The Literary echo, and Pawcatuck advertiser. [volume] (Westerly, R.I.) 1851-1854, 1852-05-20

value thereof, in any court Of compe-
tant jurisdiction and when such suit
shall be commenced by creditor, the
purchaser may be a witness for the
plaintiff at the trial of the action, and
such actions and causes of action shall
not abate by reason of the decease of
the plaintiff or defendant.
Sec. 25. All payments received as
aforesaid, within six years, may be en-
braced in one general count, which shall
alledge, that the money or other thing
was received by the defendant, for liq-
uors sold in violation of law and amend
ments may be made to the writ and de-
claratien, as matter of right, and with
out terms, in any stage of the proceed
ings and it shall be no objection to the
suit, that the payment was received for
the Joint use of the defendant, and any
other person or persons, or that the de-
fendant was under the age of twenty-one
years, or, a married woman.
Sec. 26. When the money or other
thing shall have been received by any
clerk, servant, agent, or attorney, the
action may be mai tanned against him,
if he had knowledge or previous no
tice, that it was for liquor sold in viola
ton of law.
Sec. 81. The defendant shall not be
allowed on the trial of any such action
against him under any of the provisions
of this act, any claims or demands he
may have against the plaintiff or person
to whom the liquors were sold or fur
nished, either in set off, payment or
otherwise nor shall the action of any
creditor be defeated by any assignment
of the claim by the purchaser.
Sec. %. No discharge, release, re-
ceipt, settlement or admission, made by
purchaser, shall defeat or hinder the
the suit, if it appear that the claim al
lowed to the purchaser by this ac. has
not been actually paid in good faith, to
its full value and amount; and the Civ
ing negotiable note or other obligation
shall not be deemed payment.
SEC. 20. Moneys which are by this
act to be recovered back, may when re-
covered by guardian executor or ad-
ministrator, to be applied to the discre-
ton of the guardian, executor or admin
istrator, in whole or In part, to meet the
debts Of the purchaser, or to relieve his
wife or widow and children, or parents
in such proportions, as the guardian, ex.
: ecutor or administrator may deem suit
, able and when recovered by crcdi
| tor, it shall be appropriated to the pay
: ment of his debts againts the purchases
: and his costs; and if any balance re
: mains, it shall be paid to the purchaser
f his guardian, executor or administrator, T.
, be appropriated hX them in the sam
G manner as moneys recovered under thi
4 act by them /; and if any guardian, ex
ecutor or administrator, neglect to pa,
| all said moneys, he and his sureties shal
! be liable for the same on his oficia
bond.
SEC. 80. This act shall go in to eff
f feet on the third ''onday of July next
r but nothing in this Act contained shall
j be construed to effect any prosecution
: commenced, or proceedings pending, o
It which may hereafter be commenced, be
y fore this act shall 60 into effect for til
j. violation of any of the provisions of a
d act entitled An Act enabling Tow
l. Councils to grant licenses for retailin
e strong liquors and for other purposes
: passed at the January session, A. 1
5, 1914, or of any Act or Acts in amend
n ment of or in addition to the same, bu
IS said prosecution may be commenced
If proceeded with tried determined, an
n sentence thereon passed and executed
/. in the same manner, and with the sam
e effect, as if this act had not been passcC
y Sec. 81. All Acts and parts Of Ac
n in any way inconsistent with the provi
is ions of This Act are hereby repeale'
y whenever this Act shall 60 into effect,
y True Copy-Witness,
TT A. PoTTER, Sec'ry.