Eastern times., 1856-03-13

SECT. 10. NO person shall keep drlnklng
| house or tippling shop within this state.
SECT. l6. The offence of keeping drinking
house or tippling shop consists id selling intox-
icatng liquors in any place, except an inn. the
keeper of which is duly licensed as an innhol-
der, and authorized under the seventh section
of this act. and allowing the same to be drank
in the place where sold, or in any place in the
vicinity thereof, which is under the control Of
the person SO selling
SECT. IL. Any person convicted of keeping
drinking house or tippling shop shall be pun
ished by fine not exceeding two hundred dol
lars, or by Imprisonment not more than one
| yedr.
SECT. IS. No person shall keep or have in
his possession any intoxicating liquors, with
intent to sell the same in this state, contrary to
law; and any person violating the provision of
this section shall be subject to be proceeded
against. and be liable to forfeit such liquors in
the manner hereinafter provided.
SECT. l9 Upon complaint made on oath by
any two Of the aldermen, selectmen or assess
ors, respectively, of any city. town or planta-
ton, or by any two credible persons, before any
justice Of the peace or judge of municipal or
police court, that they have reason to believe
and do believe. that the person against whom
they complain has deposited in his store. shop
or place of business, in the city, town or plan
tation where the complainants reside. intoxi-
eating liquors with intent to sell the same in
this state. contrary to law, such magistrate may
issue his warrant for the arrest of such person,
and for searching his store, shop or place OF bu-
siness, ard for seizing all such Intoxicating liq
uors found therein, with the vessels in which
they are contained. But such warrant
shall issue, without special designation of the
place to be searched. and the liquors to be seiz-
ed, nor unless the magistrate shall be satisfied
| ~ -. sll L-1.z e.
| alleged in such complaint.
SECT. 20. The person against whom such
complaint may be made, shall be prosecuted ac-
cordng to law, for keeping said liquors for
such purpose, and if it shall appear on trial,
that said liquors were kept BY him with intent
to sell the same in this state, contrary to law.
he shall be adjudged guilty. and shalt be SEN
fenced to pay the cost of prosecution, and the
said liquors, with the vessels containing the
same shall be declared forfeited. He may ap-
peal from such judgment to the court next to
! be holden within said county. having jursdic-
ton by appeal from justices of the peace and
if such appeal shall be taken, the said liquors
and vessels shall be kept by the officer having
them in custody, until judgment shall be rem
dered said complaint. And if the final
judgment shall be against the person complain
ed Of he shall be sentenced to pay the costs of
prosecution, and the said liquors and vessels
shall be declared forfeited, and in that case. as
well upon conviction before a magistrate,
without appeal. shall be delivered by order of
the magistrate or court, to the aldermen. Sc
lectmen or assessors, respectively, of the city,
| town or plantation in which the offence was
committed, to be by them disposed of for the
benefit of such city, town plantation or the
| said liquors may be destroyed, they shall
deem the public interest may require. And
/ bev NAV oil rho Same IN auv DprsOn authori-
zed under this act 10 have, sell or use such liQ
| uors; out no such sale shall authorize the pur-
chaser to sell the same again contrary to the
! provisions of this act. The magistrate before
whom any complaint may be made, under the
provisions of the eighteenth section, shall have
| power to hear and determine all cases arising
under the same. irrespective of the value OF the
! property seized. If any person, who has taken
an appeal from the Judgment of the magistrate
shall fail to prosecute his appeal, he shall be
deeaulted on his recogniZance, and the court
shall adjudge the liquors remaining III the Gus
tody of the officer to be forfeited, and shall or
der them to be delivered TO the officers of the
city, town plantation, as aforesaid, to be dis
posed OF as above provided.
SECT. 81. No action shall be maintained up
on any claim or demand, promissory note, or
other security originating, in whole or in part
for Intoxicating liquors, sold in violation of the
provisions of this act but the provisions of this
section shall not extend to negotiate paper in
the hands Of any holder for valuable consd-
Grafton and without notice of the illegally OF
the contract.
SECT %. 1t shall be the duty of the alder
men, seectmen and assessors, respectively in
every city, town and plantation, to prosecute
for all violations of this act
Sect %. II any person authorized under
this act aforesaid, to sell intoxicating iq-
uors. shall sell the same TO drunkard, 10
any one while intoxicated, knowing them to be
such, or shall sell any such liquors to any per-
son after having been notified in section
eighth of this act is provided, he shall be liable
for all the injuries, which such drunkard, oil
intoxicated person. or person TO whom liquor'
are forbidden to be sold as aforesaid. shal; com
nit, while in state of intoxication, arising
from drinking the liquors sold aforesaid, in
an action on the case, in favor of the person in
jured.
SECT. 24. If any person. not authorized a:
aforesaid. shall sell any intoxicating liquors to
any person, he shall be liable for all the inju
ries which such person may commit while in
state of intoxication arising from drinking the
liquors aforesaid, in an action on the case in ia
vor of the person injured.
SECT. %. No person shall sell within thi
state, any intoxicating liquors which are i'm
pure, fabricated or adulterateQ. Ii any person
shall violate the provisions of this section, hi
shall be punished by fine not exceeding ont
hundred dollars.
SECT. 26. If any person shall appeal from
judgment of a justice of the peace or judge of
municipal or police court. upon complaint fol
any unlawful sale of Intoxicating liquors, anc
shall be convicted at the same term of the ap
pellate court upon three such complaints. HI
shall be deemed common seller of intoxica
ting liquors. and shall be punished BY fine o.
Imprisonment, as provided in the fourteenth
section of this act.
SECT. 81. Any person who shall lease or le
any building to another, make any contract
for the use and occupation of any building BY
another. knowing that Intoxicating liquors are
to be sold therein, contrary TO law. shall be
punished by fine therefor. not exceeding five
dollars, for every day that such liquors may bt
sold therein. to be recovered by complaint o.
indictment.
SECT. %. If the tenant or occupant Of any
building. under any lease, or contract for ust
and occupation, made subsequently to the time
this act shall take effect, shall sell any intoxi
eating liquors therein, contrary to law his es-
tate in the premises shall thereby be delermin
cd, and the owner of the building may recover
possession thereof, according to law, without
any notice oquit.
SECT. 20. Justices of the peace, and judge: