The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1856-04-05

..
rendered
SEC. II. All cases arising under this act
shall take precedence of all other trials in
the court in which they are pending, except
those in criminal cases where the rcspon-
dents are under arrest: and neither the court
nor prosecuting officer shall have authority
to enter noIe prosequi. or to grant con-
tlnuance, in any case arising under this act.
either before or after the verdict. except
where the purposes of Justice require it,
SEC. -. Ii any three persons, voters in
any town, shall make complaint, under oath
or affirmation, before any Justice Of the
peace in the county, that they have reason to
beiicve. and do trlieve. that Intoxicating H.
Iuor is kept or deposited in an dwelling
house, store, shop, steamboat, or water craft
OF any kind. depot, railroad car. or land ear
riase of any kind. Warehouse or otherbuildnp
or place in said town, and intended for sale.
by any person not authorized 10 sell the same.
SAID Justice OF the peace shall issue a war
rant, 10 any sheriff or constable OF the state,
to search the premises described in such com
plant and !! any intoxicating liquor is found
therein under circumstance warrantino the
belief that it is intended for sale contrary To
the provisions OF this act, such officer sIall
Sc'zr the same ali! convey it to some proper
place OF security, and keep the same unit! f.
nal action is bad thereon: and the owner or
Keeper Of the i1uor 50 seized j: he be know n
&c the officer sclzins the same. >ha., be sum
mo"cd by him to appear forthwith before the
Ia,'i'e issuing the warrant: and ,f he fail 20
appear, or II 1t be shown bv satisfactory evi-
drnrr that sad iiqnor was INTENDED for sale
contrary to the provisions of this act, unless
such liquor Is OF foreign production. and has
been imported under he laws of ,he L. States,
and IN accordance Herewith. and l. contain
ed IN the ori ginal packages in which it was
imported. ir quantities not less than the laws
OF the nited States prescribe. such liquor
shal he adludgcd forfrited, and shall bc de-
st1oved under Il written order of said jnstice.
and in his presence or in the presence of
some person appointed by him. and named il:
SAID order for that purpos-. who shall Join
with the officer executing suci order in Ger
ttNlnT, upon the back thereof the execution
o: the same and the owner or keeper of
such liquor shall pay to SAID town fine of
twenty dollars and costs. if. in the opinion of
sad Justice. SAID liquor was kept or d.po>i,-
ed tor the rurp"sr of sale. cont-arv to the
provisions of this act And III. custom house
cerfflcate OF importation. and proof of marks
on the casks or I-,sa.cs in whicl. such liquor
is contained. correspondent. thereto. shall not
hr received As evidence that he liquor con-
tanned IN snch pack kacrs is that actually i'm
ported therein. { is uuunHeiby Sec 4 Of
.No. ,. Of 1873
so much Of section twelfth ~ authorizes
the imposition OF fine upor the owner or
keeper OF liquor seized under the provisions
Of SAID section. if such owner or keeper fails
80 appear, was rerc-l.-l ~ sec. . OF No. q
II I~J5.
This section does no. conflict with the ll,h
article Of the Bill of Rights. nor with that
part of the Constitution of the lrited States
which secures the citizen against unrpasona-
bic searches and >riznres-L L,n,.o',. rs Smith
c' 0'.->p. q. IT,. &w. r. 1850,
That portion Of section - which relates 10
the search of suspected premises is remedial
an! should He construed Iihcrallv. A de-
scrlptlon of the premises as "the dwelling
house of 4. Il of e.. IN the county of D.
Is sufficiently certain. and the thing to be
Scized Is sufficiently described nv the gene
raj term . intoxrcatinS liquors., without de-
>'"natins the kind or alrgins the ownership
III
The right Of seizure is not limited to Ca
ses where the liquors are intended for sale
within :he town where they are Deposited
but may be exercised if there is an intention
TO sell contrary to law, at any place within
the Statc.-N.
The possession Of sTirituous lquor>.in any
considerable quantities. furnishes prcsump
ton that a sale OF it is Intended or. at all G.
vents. furnishes probable canse to believe
that such Is the fact, and so rpbu'S the or,lina
ry presumption Of Innocence.
The complaint and warrant for the search
for and seizure OF liquor. as required by this
act and the act to which this is an amend
ment. shall be in Substance in the form fol-
lowing. TO wit -
STATE OF VERMONT To A. B.. JUS
- COUNTY, s. tee OF the peace,
within and for the County OF -. aforesaid
comes CD. F.. F.. and G. H.. legal voters
IN The town OF -. in said county. and COM
PLAN that they have reason to believe and
90 believe that intoxicating liquor is by -
kept or drpostedin, (hcre describe the place
to be searched,) and hv -. then and there
III the town Of -. intended for sale. furnish
ing. gift or distribution. contrary to the form
OF the statute in such case made and provi-
drd, and against the peace and dignity OF the
State: and we therefore pray that warrant
OF search may issue in the premises
Dated at -, this - dav OF "A.
The above named c. d.. f. F., and G. H..
exhibited this complaint to me. and made
oath to the truth thereof this - dav Of
A. ID. -.
Before me. A. B.. Justice Of the peace.
STATE OF VERMONT, To anv sheriff
--CorNrY, IS. or constable IN
the State, Greeting.
Whereas.compla;nt having been made to me
upon oath, as above written. therefore, bv the
authority OF the State OF Vermont. YOU are
hereby commanded. forthwith to proceed TO
enter and search the premises above desert
bed, to wit: (here follows the description of
the premises as above and if any such in.
toxIca'ing liquor is found therein, under cir
cumstances warranting the belief that it is
intended for sale, furnishing. gift or distribu-
ton, contrary to the laws Of this State rela-
ting to the traffic in intoxicating liquors for
the purpose of drinking,-You are further
to seize it, and convey the same
to some proper place of security. and the