The Rutland County herald. [volume] (Rutland, Vt.) 1852-1855, 1854-01-13


a. action ar1-c irom the wi'iui and ma.
hcious aei ur neglect of spch dciyn lsui
or defendants. and lbai such defendant
or defendants ought To- hc continued u
close ,il and issue cNecu'Icn against
the bod, ct such defendant nr Atful-
ants. with n certificate thereof stated ln
or endorsed upon such execution, unless
tie conft shall be- snii-dcd ihnt the pIl,
urc at such defendant or dci,pAmts. tu
account fer lhc money or other proper
&, Aforesaid shall have brcn occa..o1cl
hy accident, and vihou, the fault of
such defendant or defendants and such
execution with such statement thrrc,p
or endorsement thereon, shnll has" lhg
same force and effect as ia caso ST cNc-
cuiiuns issued upon Judgements founded
upon turl. with hko siaiom,n, ihrrv,u
or endorsement thereon,
Approved. November 26, 1888,
No. 27.-AN ACT to amend AN act to
prevent the traffic ia intoxicating la
uors Cor the purpose OF drinking, ape
proved November %. 1882.
II is hcrebg eadc'ed &c.
Nrc. / The word. 'gire oir1v'
Wherever they occur in the act 10 which
this is an amendment, shall not hr con.
slrued To apply 10 the giving OF inloNi-
cpiiug liquor- at private dwelling, or
their dependencies, unless given 10 an
hahilual drunkarl, or unless such dwell.
ling or lis dependencies, rs thc ease
may De, shall become a place OF public
resort.
SEC. ,, IN all cases Of appeals arl>-
inn under this act. or the net 10 which
this is an amendment, the bond required
to he given by the appellant shall bn in
such sum and with such surciics ns shall,
in the opinion Of the court before whom
the case shall be- tried. be- good and anf.
fcicnt, instead Of the specific sum now
required. And 50 much Of said act ne
requires bond 10 be executed by par
ty appealing from the decision Of n us-
tice. conditioned that during the pen
dcncy Of the appeal he shall not violate
the provisions Of said act is hereby re-.
pcaled.
Sfc. 3. No agent, appointed in pur-
suancc of the provisions Of section three
of said act shall have power TO bind the
town for which he is appointed snch
agent, in any sum whatever, for the pur.
chase OF Intoxicating liquor 10 be sold by
him for the purposes therein named, un-
less 10y direction or permission OF the
sclcclmen of such town, or unless he
shall deposit with said sclcctmcn a good
and sufficient bond in the sum Of five
nururru utrmr-, cpuurrr'7t ruHt ur
will faithfully execute the duties Of his
agency, beyond which sum hc shall have
no power TO bind the town.
SER, 4. So much of section twelve
of the act to which this is an amend.
mcut, rs provides that if the owner or
keeper Of liquor seized under said sec.
ton 'jat 10 appc4r, Or sh0W bY Sniist0c.
fory cridHcc. that Said hguor is aof in
tcaicd far safe contrary 10 NE yroriuoas
of his dct' and the clause next follow
ing the same, is hereby amended so rs
TO read AS follows ii he fail Ia appear
or if it be shown by satisfactory evi-
dencc that said liquor was intended for
sale contrary 10 the provisions Of this
act, unless such liquor 1. Of foreign pro-
duction and has been imported under
the laws Of the United States, and IN
accordance herewith and is contained
I in The original packages in which il was
/ imported, IN quantities not less linn the
laws Of the United States prescribe such
liquor, &c.
SIC. }. So much Of section twelve
aforesaid AS gives authority to the court,
under the circumstances therein named,
to impose fine upon tie owner or
keeper Of liquor soiled under the pro
vision, of said section, il such owner or
keeper fall 10 appear, is hereby repeat
/ ed.
SEc. G. So much nf section fourteen
Of the act 10 which this !, nn amend
mcut, AS provide. for alulang q per.
son common seller under the ciwnm.
stance, named in that section; md sn
much Of section fifteen u- pr9,ilr- fol
imposing an additional fine Of ten d1l.
lars in ease Of conviction ou appeal nn.
der that srcli0n and also the whole ol
sections twenty three and tnenty G,,
Of the act 20 which thi, Is an amend
mcni. are hereby repealed.
SIC. 7. in al trial. for offence.
against this net, or The nct TO which thi'
is an amendment, the respondent .lai
be entitled 20 "a lrial hy iory; aul %,
person shail br disqualified 10 .it ne
juror in any cnsc arising under thi. aci
or lhe act To which tlds i- nn nmcnd
meui, by reason Of amy interest he may
have as an inhahilaut u thc town pro-,
ecuiing the suit
SIC. ~. fthc agent of auy f1a1 Z.
ile State shall bc guilty Of selling iu
loxiciiine liquor. M an eKorbitant profit
whether by direction 81 the sclrrtmen ol
otheraise, II shall De- lhe duty of ti,
county commissioner tor fle county 10
which -urh agent resides, ou application
Of three lrgal voter. ~ rueh tosu, 10 a.
certain WHEELER such agent s guilty O.
30 selling ani n 20. ~ 5uhwiih yAeal
ani'annul li. liofn-r.
$40. o. 81 mueh ri said net a- rr
lales 10 tho manufacture, sale mld n.,
of cider, 3. hcrcby repealed Pfo,.i .ird
however ihai go person thali trll cd
furnish cider ai or 10 my yirBalng
house, tavern, grocery, ,hop. or cellar
Or other place n puhlie rc.ari. Ho. -hai
any person cell or furnish cider 90 af
habiiual drnksrd. under any r.rrum
siancc.. Ani Il any per.1n shs'i v.o
late ihe proyisions II lhis ,~riiou. b,
shall forfeit and pay % ih- treasurer I'd
ihr ioHn where she 0fearr b. commit
tel. "a G1r ~ ZEN d.liars f.r rari al-Hee
stc, IG lflte -elrtmen ~ nos
town. or ihr mayor anl aldermen ~ snj
city, in Gsins tie compensation n aa,