The Literary echo, and Pawcatuck advertiser. [volume] (Westerly, R.I.) 1851-1854, 1853-03-10
WESTERLY. R. l., THURSDAY, MARCH 10, 1853.

town council.
Sec. s. No person shall be allowed
to manufacture any ale, wine, rum or
other strong or malt liquors, or to be a
common seller thereof, without being
duly appointed as aforesaid, on pain of
forfeiting on the first conviction, the sum
of one hundred dollars and costs of pros
ecution, and in default of the payment
thereof the person so convicted shall
be Imprisoned sixty days in the county
Jail OF the same county in which the
offence was committed /; and on the Sec
ond and every subsequent conviction,
the person SO convicted shall forfeit and
pay the sum Of two hundred dollars and
costs Of prosecution and conviction,
and shall be imprisoned four months in
said county jail said penalties to be re-
covered before any court of competent
jurisdiction, by indictment in the county
where incurred, one-half of said forfeit
ure to and for the use of the town in
which the offence shall have been COM
mitted, and the other half thel eof to and
for the use of the State And three
several sales of ale, wine, rum or other
strong or malt liquors, or mixed liquors,
as aforesaid, either to different persons
or the same person, shall be sufficient to
constitute one a common seller withiIS
the meaning Of this act. But nothing
in this act contained, shall be construct
ed to prohibit the manufacture of cider
or the sale thereof in quantities not less
than one gallon, or the manufacture of
wine or malt liquors for domestic use,
or of alcohol for expectation or to be sold
to or through, and only to or through
the agents appointed under the second
section of this act.
Sec. 9. Any justice Of the peace,
within the town in which he resides, and
any court exercising the jurisdiction of
a justice of the peace, within the town
in which such court is establ shed, may
issue search warrant for the purpose
of searching for any ale, wine, rum, or
other strong or malt liquors, or any
mixed liquors, as aforesaid, held for sale
contrary to law, such warrant to be
served during the day time, complaint
being first made in writing, on oath, as
is required before issuing of search war
rants in other eases, which complaint
shall be made by three legal voters and
distinctly set forth that the liquors de-
scribed in the warrant are believed to
be held for sale contrary to the provis-
ions Of this act, in some house or place
within the town in which said complaint
is made, or in some vessel or craft in any
of the waters of Narragansett Bay; and
all such liquors together with casks or
other vessels in which the same are con-,
tained, and which shall be found by any
officer in executing any such search
warrant, shall be safely kept so long as
shall be necessary for the purposes of
evidence in any case arising under this
act /; and upon final conviction of the
person or persons in whose possession
the said liquors were found, the said
liquors and the vessels containing them
shall be by the justice or court adjudged
forfeited, the said liquors be ordered to
be destroyed, and the said casks or other
vessels to be delivered to the sheriff of
the county or his deputy, and the officer
to whom su:h casks or other vessels
shall be delivered as aforesaid, shall ad-
vertise and sell the same, in the same
manner iu.wbich like personal property
is liable to be sold on execution, and
the proceeds of such sale after deduct
ing therefrom his lawful fees and charges,
be shall pay over to the justice or clerk
of the court, to and for the use of the
State. But in the event of the acquittal
of the person charged with the unlawful
keeping or possessing of the liquors so
seized, the same together with the YES
sells containing them, shall be returned
to the place from which they were taken,
by the officer in whose custody they may
be: Provided that no warrant to search
for liquors shall issue, until warrant
shall have been issued for the supposed
owner thereof, or the person having said
liquors in charge, on complaint for keep
ing or suffering to be kept on his prem
ises or possessions, or under his charge,
liquors of the kind aforesaid, contrary
to the provisions of this act. And any
person convicted upon any such COM
plant may appeal from the sentence,
judgment and older Of the justice or
court thereon, to the Court Of Common
Pleas next to be holden in the same
county after ten days; in tho same
manner, and upon the same terms and
conditions, aud with the like effect, as