Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1853-12-15
LAWS OF VERMONT.

SEC. l. The words "gire aioay," wherever
they occur IN The act to which this is an amend
men, shall not be construed to apply to the Civ
ing of intoxicating liquors at private dwellings,,
Or their dependencies, unless given TO an habit
ual drunkard, or unless such dwelling or its de-
tendencies, as the case may be, shall become
place of public resort
SEC. 2. In all cases Of appeals arising under
this act, or the act to which this is an unend
nent, the bond required to be gwen by the ap.
peant shall be in such and with such sure
ties as shall, in The opinion of the court before
whom the case shall be tried, be good and suf-
ticlent, instead of the specific SUN now required.
And SO much of said act as requires bond to
be execnted by party appealing from the de-
clson OF justice, conditioned that drrng the
tendency OF The appeal he shall not violate the
provisions OF said act, is hereby repealed.
Sec. 3. No agent, appointed in pursuance of
the provisions of section three OF said act, shall
have pc Ier to bind the town for which he is ap-
pointed such agent in any sum whatever, for
the purchase OF intoxicating liquor to be sold by
him for the purposes therein named, unless by
direction or PERMISSION OF the selectmen of such
town, or unless he shall deposit with said select
men good and sufficient bond in the sum of
FIVE hundred dollars, conditioned that he will
faithfully execute the duties OF his agency, be-
you'd which sum he shall have no pc yer TO bind
the town
SEC 4, So much of section twelve Of the act
to which this is an amendment as provides that
if the owner Or keeper Of liquor, seized under
said section, "jait 10 appear, or 10 sho,c by satis
tactory evidence, that said liquor IS nal intended
for sale contrary TO The provisions Of this act aud
the clause next following the same, Is hereby
amended SO as to read as. follows: ali he fail
" to appear, or if II be shown by satisfactory es-
idence that said liquor was intended for sale
contrary to the provisions OF this act, unless
{" such liquor is OF foreign production and has
" been imported under the laws Of the United
States, and in accordance herewith. and is
contained IN the original packages in which it
" was imported, in quantities not less than the
laws Of United States prescribe, such liquor"
&C.
SEC. s. So much Of section twelve aforesaid
as gives authority to the court under the crcum-
stances therein named, to impose fine upon the
owner or keeper OF liquor seized under the pro-
visions of SAID section, if such owner or keeper
fail to appear. is hero by repealed.
SEC. 6 s. much Of section fourteen OF the
act to which this is an amendment. as provides
for adjudgiog person common seller under
the circumstances named IN that section, and so
much of sect m fifteen as provides Tor imposing
an additional fine of ten dollars in case OF con-
viction on appeal under that section; and also
the whole of sections tweny-three and twenty
five of the act to which this IS an amendment,
are hereby repealed
Sec T. In all trials for offences against this
act, or the act to which this is an amendment,
the respondent shall he entitled to trial by jury
and no person shall be disqualified to sit as ju-
ror in any case arising under this act, or the act
to which this is an amendment, by reason of any
interest he may have as an inhabltant of the
town prosecuting the suit
SEC. 8. II the agent Of any town in the State
shall be guilty of selling in oxlcating liquor at
an exhotbitan profit, whether by direction of the
seIectmen ur otherwise, it shall be the duty of
the county commissioner for he county in which
such agents resides, on application OF three le-
gal voters OF such town. to ascertain whether
such agent is guilty of so selling, and if so, TO
forthwith vacate and annu his license.
Sec. Q. So much of said act as relates to the
manufacture sale and Use of cider. is hereby
rapeled Provided, ho,oeper, That no person
shall sell or furnish cider, at or in any vlctual
ing house. tavern grocery, shop or ceIlaror other
place of public resort nor shall any person sell
or furnish cider to an habilual drunkard under
any circumstances. And if any person shall VI
oae The provisions Of this section, he shall for
felt and pay to the treasurer of the town where
the offence is committed, tne OF ten dollars for
each offence.
Sec. 10. If the selectnen OF any town, or the
mayor and alderman OF any city. in fixing the
conpensat on of my agent for his services, shall
aive, or agree TO Civ, to such agent the profits
which may arise on the sales OF The iiquor he may
dispose of, or any portion thereof, as such or
make any other contract which shall induce him
O increase his sales for the purpose OF increasing
his compensation, or shall IN any manner con
dition the compensation upon the quantity Of
liquor sold or to he sold, or shall make or agree
to make such agent any compensation other than
IN specific aud definite sum of money! every
such seleciman, mayor or alderman. 80 offending,
shall forfeit and pay into the treasury of the
State sum not exceeding five hundred nor Tess
than one hundred dollars, in the discretion of the
court
Sec. II. The warrant, provided for in section
, twenty-five Of the act to which this is ar amend
nent shall be III substance in the following
form, to wit:
STA re OF VERMONT, ! To any sheriff or
: --CouNrY, IS. constable in the
T State, Greejiup.
, Whereas, A. B.. having been arrested while
IN STATE OF 'ntoxcaton, and brought before the
subscribing authority, has disclosed that the Ii
quor whereby such lnoxication was produced,
was obtained from c. d., of -, at -.
on or about the ---- day of -, ADJ
and, whereas, IT appears to the subscribing au
,hntty, from the disc osure Of said A. B.. that
: the furnishing Of such liquor by said C. D., to
said A b. wns an offence against the statute of
this State, entitled ian act TO prevent traffic in
intoxicating liquor for the purpose of drinking, "
approved November %, 1852; now then.
By the authority Of The State Of Vermont, You
are hereby commanded to arrest the body of the
said e. D., and have him forthwith before the
subscribing authority, at -, TO make ans er
to the charge 50 preferred against him, and abide
such order, direction and decree therein as TO
said court shall seem meet in The premises.
Given under my hand at -, this day
of -, A. D. -
SIC. IL The warrant If commitment for re-
fusing to disclose according to the requirements
of section twenty-five of the act to which this
is an amendment, shall be, in substance, in the
following form, to wit:
STATE OF VERMONT, ITO any Sheriff or
--- COUNTY, IS. Constable in the
State, Greeting:
Whereas, A. B., sheriff of the county of -,
or constable, or grand juror, or justice of the
peace, or Seecimen OF the town of -, on
f the - day Of -, A. d. -, -, in
said county, brought before me, c. D.. Justice
of the peace within and tor said county, -,
of SAID -, charging him the said -, with
having been intoxicated and disturbing the pub
lie Tor domestic) tranquility of -, aforesaid,
on the - day Of -, A. d. -, and the
fact being found by me that the said - had
been intoxicated, and had disturbed the public
Tor doIoestic) tranquility, and was by me ordered
to disclose, npder oath the place where, and the
person of whom, the liquor so producing iutox-
cali IN was obtained and all the attending cir