Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1855-01-04


that the liquors to be condemned and tor .
fit were kept for sale, but only that some
Ii uors were so kept.
The first section OF the net provides that
no person shall be allowed to keep or suffer
to be kept on his premises or possessions or
under his charge, for the purposes OF sale,
any ale, wine, rum or other strong or malt
liquors or any mixed liquors, part Of
I which is ale, wine, rum or other strong or
malt liquors.
Section fourth provides that if any per-
son shall keep or suffer to be kept such IL
quors for sale contrary to the provisions OF
the act, he shall, on conviction, pay the sum
of twenty dollars" and then proceeds: Sand
all such liquors so kept by any person for
sale in violation of the provisions of this act,
shall b. liable to be seized, together with
the casks or other vessels containing them,
and adjudged forfeited upon complaint made
and trial had as hereinafter provided.
This last provision for the forfeiture OF
liquors is to be carried into effect by virtue
of the provisions of section ninth. This
section provides the mode of proceeding to
condemnation of the liquors, and it is TO be
| done in that mode only. If that mode is
not warranted by the constitution, then no
forfeiture can be adjudged under the act.
1t is necessary to inquire what that mode
L :, ITnop ,,,hat ,nt apd uhat trial il
/ the adjudication to be made This section
begins with providing that search warrants
may issue to search for any of the liquors
| held for sale contrary to law that before
issuing it, there shall be complaint in
writing by three legal voters and on oath, as
required before issuing search warrants in
other cases, and which shall distinctly set
forth that the liquors described in the war
rant are believed to be held for sale contra
ry to the provisions of this act. Upon this
warrant the officer is to search the place
described, and all such liquors described in
his warrant as he shall find he is required
"to keep safely for the purposes OF evidence
in any case arising under this act"
No urther proceedings are contemplated
upon this complaint or warrant. Its pur-
pose is answered in producing the liquors to
be used in evidence. The judgment of
forfeiture is upon some other complaint.-
But if it were in the contemplation Of the
act that any trial should be had upon this
complaint, if any such inference were not
excluded by the fact that they are to be kept
for the purpose of evidence in any and all
cases arising under the act, no trial could
be had upon it. Since there are no
parties, no person is charged with the uh-
lawful keeping of them--no one has notice
Of any such charge Any trial upon it
would be nagatory, since it would bind no
one. The person in whose possession the
! liquors are found could neither be convicted
nor acquitted upon it, for he is not accused.
/ There is another and but one other COM
! pant provided for in this section. Ii is re-
quired that before any search warrant is
sues, u warrant shall issue for the supposed
! owner or the keeper of the liquors, on a
complaint for keeping or suffering to be
kept on his premises, or possessions, or
under his charge, liquors OF the kind alore-
said, /. e., liquors such as are prohibited
from be kept for sale.
Il Whatever trial is to be had then is TO be
upon this complaint. This does not charge
the defendant with having kept the liquors
sei2ed contrary to the provisions OF the act,
but only that he has so kept liquors Of the
same kind.
Il Upon final conviction of the person in
whose possession the liquors seized are
found, they are to be theTeupon adjudged
forfeited and ordere' to be destroyed.
L Upon this complaint, upon proof of hav-
ing kept for sale any liquors of the same
\ kind but other than those seized, he may
be convicted and theIeupon the liquors
seized adjudgcd forfeit; that is, upon proof
| thai some liquors have been kept by the
defendant, all ohcr liquors which may be
found in his possession may be forfeited,
! provided three legal voters shall have made
oath that they believe they have been SO
| kept by somebody-not that the one charg-
| ed has So kept them and without any
proof produc.d agalnst the defendant on lis
trial as to WHEELER the liquors adjudscd for
felt were or were not kept contrary to the
| provisions Of the act and without any trial
1 OF that fact or al.y notice OF any such trIa'.
II The fourth section, which provides for
the forfeiture, provides that they shall be ad-
Judged forfeit if they shall be kept for sale
contrary TO the provisions Of this act; not
because other liquors have been so kept, or
because the same liquors have been kept by
any other than The defendant.
II It's the tact whether or not the liquors
proposed TO be adjudgcd forfeit have been
kept contrary to the provisions Of til act,
that must be tried aud determined before n
Judgment of forfeiture an be made. Until
that is ludicially determined it is not ascer-
taincd that they are liable TO forfeiture un.
\ der the act Until then il does not appear
that these liquors have en- used rs a
means Of violating the provisions Oft eact.
II A.. O., a., vaItd;ty nf any tudicial