The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-14
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before the legislature Of Massachusetts, during the pre-
sent session. for adoption in place Of the present law
which viii probably be repealed to make room for It, The
draft Of the proposed Law retains all the substantial
principles Of the present one but with various amend
monts and additions which intended to re ,der Il ee,
tive and practicable IL Is also far rigorous In sons
respects than the old law and 1t contains some novel
features IL proposes 10 punish sellers of LIQUOR In Vic.
lalion of law by in addition 10 gne unop
the first conviction 1t provides for the punishment of
expressmen and common carriers for conveying liquor
contrary TO law and section intended to
spirits being brought into the State II makes sellers of
ardent spirits TO husbands liable In damages TO wives II
renders those who furnish the liquor liable for the mis-
chief which is done by s victims and II compels persons
found in state OF noxication 10 disclose the names Of
those from whom they procured their liquor. somo
portant changes also introduced in regard TO the
seizure of spirits kept for sale contrary Law The fol-
lowing is brief abstract Of the bill which proposed
can act concerning the aud sale OF sprtu
GUS and Intoxicating liquors"
Section prohibits any person from selling directly
or indirectly any spirituous liquors. unless IL Is Of
foreign production, has been imported under the laws II
the United States IN contained in tho yina pac ayss
and in the prescribed quantities. and Il sold Ter
tbority Of this act hereinafter provided and per-
SCI shall be allowed to manufacture for sale any such
liquors, except as Ia provided in this act.
Section declares that the selsctmen OF any town,
and the mayor and aldermen OF any city, may annually
appoint suitable agents to sell liquor for mech anical
chemical, me iicinal purposes. Bvsry such agent
must receive definite salary not Deepen ling in amount
upon his sales But the authorit OF every town or
city containing not less than three thousand Inhabitants
must appoint such agent at least every year,
der penalty Of forfeit OF hundred dollars IL they
neglect II for three months after having entered upon
their duties the hundred dollars TO be recovered by
action Of tort, brought In the Court Of Com non
Pieasone half going to the person who sues and tina
Section provides that the agent shall ke,p exact
accounts Of his sales, the purcha sers, &c.
According to section g. any person purchasing liquor
under false pretences as to the TO which II is to be
applied shall upon conviction before police court or
justice OF the peace pay 6ne OF from i've to twenty
dollars and the costs OF prosecution.
UrOy ayqry pt bafnr vipx
bis certificate of appointment nat give security In the
OF $500 to conform 10 the rules Of the board whi,h
has authorized him and TO tho provisions OF the law
Section Is to the elect that the com ssoners OF
the several counties and the Mayor and Aldermen of
Boston may authorize suca persons as apply to them
In writing to manufacture liquors aud soil the same In
quantities OF not less than thirty gallons to be exported
out of the Commonwealth, to be used mechsucal
chemical purposes and 70 sell them in any quantity
TO duly authorized agents.
Section declares that every manufacturer must keep
o minute account Of his liquor transactions.
Section provides that manufacturers of liquors must
the law.
soners and Of the city Of Boston shall keep full records
Of authorized manufacturers and dealers In said counties
or city
Section 10 declares that IL any person by himself bis
clerk his agent shall be convicted af selling spiritu
liquors In violation Of the act he must pay dol
lars and the costs of prosecution aud be prisonsd
the jail not less than ten than twenty
days Being convicted OF second violation either at
the any other Of court or upon the same
or another complaint or Indictment he must paw twsn
y dollars and costs and be imprisoned in the House OF
Correction from thirty to sixty days Upon being con
vicedof third or any other violation, whether upon
the Indictment which charges the others not he
must pay fifty dollars and costs and be from
violates the provisions Of the Law "a this respect shall bs
held equally guilty and liable with the principal and
his name may be included in the same complaint, and
the cases tried at the time Any two or more
violations Of the provisions OF this may be tried
at the same time and tho prisoner sentenced for each
and aprovded, that the aggregate imprisonment for
gl IN
shall not exceed one year.
Section IL authorizes justices OF the peace police
courts to try such offences we'll the Court OF Com
mon Pleas or Municipal Court Of Boston.
Section u gives power TO persons convicted by police
Common Pleas, or In Suffolk county to the Mualcipai
Court aud in default Of 500 bonds appear keep
the peace meanwhile, they must be committed 70 await
the action Of said court
According to section 49, whenever the authorities Of
city or town know of breach Of the condition Of the
bond given by their agent, they must revoke his ap
pontment and cause the bond to be put in suit in
petent court
Section IA provides that the County Comm ssioners
and Mayor and Aidernsa OF Bostoa shall do same
With respect TO manufacturers, In case OF breach Of
seet,on Is declares that any manufacturer or common
seller Of spiruous liquor In violation Of the law SHALL
upon conviction pay 500 and costs Of prosecution and
be imprisoned In the House OF Correction from twenty
sixty days For the second and every subsequent vos
ton whether the same Indictment not, he mus.
pay 5000 and be imprisoned four months-such offences
TO BE- punished by the Court Of Common Pleas or the
Boston Municipal Court Three sales OF liquor shall bs
evidence Of violation OF this section. Delivery from
any place other than dwelling house shall prima
fccie evidence Of sale; and also from dwelling house
when payment Is made expressed or Implied. II any
person In the empy ment Of the principal shall violate
The provisions the section he shall be deemed equally
guilty, and may bs tried on the same complaint
Section 10 provides that all under this act shall
take precedence in court OF all other business those
criminal where the parties actually imprisoned
waiting trial No nolie prose7ui shall be entered
cept where L. Is clearly shown that the purposes Of jus
Section II provides that any erpressman or common
carrier who shah be convicted Of conveying liquor which
he has reasonable for believing 10 have sold
under violation OF the act shall be obliged TO pay $50
and costs Of prosecution.
secton Isis 10 the effect that every person convicted
o. bringing liquor into the State, having reasonable
10 believe the is 20 be illegally sold shall be
punished in the manner provided in the 10th section Of
the act for persons selling liquor Illegally.
Section 10 directs district attorneys aud the attorney
for the county Of Suffolk 70 suits against al
rscognizances given under this act within sixty days
after they receive satisfactory evidence Of any act which
would cause a forfeiture thereof.
Section 20 provides that any person convicted 81
violation OF this act, shall, In addition 10 his punish
ment, be obliged 70 recognize In bond Of from
hundred TO two thousand dollars that he will within
year violate any other provision.
section Il provides that II q person arrested for
drunkenness discloses the Of the person from
whom he procured the means Of intoxicatlop showing
that offence against tho nc; has been nittei he
shall be named witness complaint against such
person and he test fees freely and fully The complaint
against him for drunkenness shall be withdra wn not
IL sbal be prosecuted 10 final Judgment
Section % IL TO the effect that II person after having
been notified by vile TO sell liquor 10 her hus
band continues 10 sell It, she may in action Of tort
recover damages sum OF not less than twenty dol
lars than I've hundred.
Section % declares that " any person In state OF In
toricaton commits assault aud bnttery injurss
any property the person who sold him tas liquor shall
be equally liable for damages with the intoxicated IAN
and the party injured may his damages eth'r
in JOINT action against both or separate against
either.
Sections "a and rs provide that any person Who Il
convicted OF owning keeping Intoxicating liquor with
intent to sell the same contrary % av 50 I'll BE- fined
s2o and the costs Of prosecution In default thereof be
imprisoned thirty days.
Section 20 declares that IL any two ADULT persons
petept 10 testify make complaint unier oath before
justice OF the peace OF the Police Court that sptuous
liquor intended for sale Is deposited Ia any hous.
other place. warrant shall be issued the liquor seEei
and Kept securely 20 await hnsl action IN ths Bat
dwelling house shall be searched unless Of the
compa nants makes oath that sach liquor has bees
sold therein taken tberofrom for the purpose OF being
sold.
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