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

IARtLs. NiKCrIAES. &c, &c
GA, orders j., mail or otherwise. will yeeeivs
prompt a''e.i:;"a. NnSTONE SEQ.
to be applied in extinsuishnsnt Of that rsr.
ton Of the account which arises from Al ills-
gal sale. Back'nan rs Wright
SEC. - Whenever anv person With a
this state shall be found in such =
state Of intOxication AS to disturb the public
or domestic tranquility. any sheriff, deputy
sher,f, high bAiliif. Juror. or .e!rctmen Of the
town IN wnich sur', person is so found, NAV,
without warrant. and it is hereby made their
duty to. arrreh-nd such person SO intoxica,.
ed, and take and retain him in custody, az
the expense Of fhc town in which he is 80
found, in any place within the county. in the
discretion Of the officer 80 a.rcstns. until, in
the opinion of such officer. the person so de.
tanned shall he capable of tes,ityiny properly
N court Of justice, and AS soon as mav he
thereafter. bring him before some iustics Of
the county. and ,uch person. SO found intox.
ica.ed. shall, on oath before such Justice, dis
close the place where. aid the person 4
whom, the liquor SO producing intoxicstion
was obtained, and all circumstances attend
ing it; and. on the refusal or neglect of such
person so TO disclose. he may Nv such Justice
be committed to the rran non al Of the coun:
y. a: the expense of the town in which he
was 50 tonnA. until be sh,;l 50 disclose, or bv
SAID Justice be discharged. And in case said
j Justice shall adiud.e from the evidence that
the sale, furnishing or giving away of said
liquor Wa an oiien>e agaiiIs, this act, h.. shall
forthwith issne his warrant. and cause the
person 50 selling. furnishing or giving awas
said liquor. to be brought forthwith before
him. and such proceedings shall be had ia
the raSc. IN all respects as would have bean
had If the person ofFrnliE: lad been reg
uarly prosecuted before such Justice, for
snrh otlense. in the manner prescribed in
this act. And any person resisting the arre.t
or detention Of such person so found intoAi.
Gated. by any o: the Officers aforesaid, shall
be liable to the same penalties a. are provid.
ed bv Law for resisting a sheriff in the exc.
cution Of a legal process.
The proceedings under this section ars
not for the punishment of tie intoxicated per.
son. but 10 preven, the continuance of an Of.
tense or It' recomnitmcnt. The section,
therefore. does no, conlirt with Articles 10
and II Of the Bill Of Rights. nor with sec.
nons 9Th. ''h and 9Th Of the Amendments
of the Constitution of the United States.
IN re Powers. % Vt. Pc,
The warrant. prorided for in section tven.
tv-two Of the act to which this j. an amend
ment. shall be in substance in the follov;n,
form. to wit:
STATE Of VERMONT. To anv sheriff
-C"rNrr. as. or constable in
the State. GREETING.
Whereas. 4. r.. having been arrested
while IN state Of in.oxicat,on, and brc,,h,
before the subscribing authority, has disrlo,.
ed that the liquor whereby .nrh ir.osicat;oo
was produced. va. obtained from {. H., ot
--. al, on or about the -- dav
Of --, A. D.: and. whereas. il an
pears TO the subscribing authority. from the
disclosure Of .aid a. b.. that the furnishes
ntsurh liquor nv .aid {. ID. to ssid A. n. vas
an offense aesns. the statute Of this State
entitled Ian act to prevent traffic in intoxi-
eating liquors for the purpose Of drinking"
approved November %. 1852: nov then.
~ .le authority ri he >'ate ol Vermont.
lon are hereby commanded 10 arrest the
body # the said {. d.. and have him forth.
with before 'he subscribing AUTHORITY. at,
to make answer to The charge so preferred
s"ains' him. and abide such order. direction.
and decree therein az to th.. said court shall
seem meet in the premises
i'i'rn un'irr rav hsni at this -.lav
of--A. D.-.>er''"n II or NJ =. ofls5s.
he warrant ot commitment for retrsno n
disclose according 10 the requirements a, see.
ton tw"n'v-two OF the act 20 which this il An
amendment, shall b,. in sul,>tar,e, IN the fol-
10 wing firm. 10 Wit
STATr OF NrEN"~T. To anv sheriff
y "rNIf - =. constable In
the State. GEtrri>.
Whereas. A. Il. sheriff of ,,e county OF
---. or constable. Or grand in-or. or ius-
tl''r OF the peace. or .elcctnen of tho town
OF --. on the ---,lay of -
al, IN said county. brouch:
before mo. I. ~. a ln>fre of the peace with
IN and for said countv-, of .ai,|-
charging him. the said I---with ba,;p,
been intoxicated ami disturbing the hubble
Tor dome>.ic) Tranquility Of f--asore.a,d. cr
e----dav ot -, \. D.. ard
the lat being found hv ,na that the eaid--
had been intoNira'ra. and hal d,,ari,ei the
public Tor domestic ''ranjniirv. and vas tv
me ordered 10 disclose. under oath. ;h- ,.lsre
where. and the person al who ~, t::r liquor 50
Produrln" In'oxIsaiion was oiiairr.l. and AL
the attending eIrrrm>'a 'anr"-. a a,rcra5!v 10 a
statute law OF the state al. Vermont. entitled
''an at TO prevent tratl;.- ia i!,t sita a,iny L.
9n"r> Tor TIA" purpose ofirinkins" approved
November c3. 1872. and III. Sai,l---. bav-
ing neglected and refused So to do; there
fore,
Ey NE "uTori'Y of he .Ca,e Of I.rmo,,.
l"u are hereby commanded to take tn. hole
OF the said----. aud him commi, 10 the
keeper OF the jail in --. in the eo,ntx af
Within 'hc said prison, Who
IS hereby commanded 70 rereive the sa;I
-. and hlm safely keep until he mako
such disclosure. or until he be discharged tv
ME.
Hereof fail not and due return make
"''sn under my hand tais-dav Of
C. D.. .Iu.'ire of the Peace.
-Secf'on l2 of No 2. of 1858.
Sec. % was repealed by rec S o. No. .:
If 1858
SEC. "a IT shall he the dntv of the rrsn8
Jurors. empannel!ed before ths sevsra, conn.
y courts. TO inquire into. and rresrn, all vi
'lations OF this act. not o'h.rwi.- rroe..~u,,.d
Is Is herein before provided; and in al ca.
:. 3 so commenced before the county court,
he fines imposed and the costs incurred shsIi
re received and pAid by the treasury of ths
tate