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

qn"r seized upon the original complaint, or
complaint and warrant, to he DESTROYED forth
WIN, under the ORDER of such court, as in case
OF liquor destroyed under an order of a JUS
'Ice OF the peace, as herein before provided
SEC. II. 1t shall be the duty Of the ;u.-
nee ot the peace or county court before
whom any case arising under this act is tri-
Ell, II requested by either party. to take the
rerognizance OF the necessary witnesses, who
, shall have testified in the case, for their An
fcarance at the county court. in the same
sum in which the respondent is ordered TO
ma ooniS. And in case anv such witness
| snail refuse TO enter into the bond of recop.
nlz snce ordered, he may be committed to ia;l
on the warrant OF the Justice or court making
such order.
SEC. IS. Complaints for anv off,.nse a.
ss'nst the fifth section of this act shall be
substantially in the following form, to wit:
STATE OF VERMONT,
-Connty, IS. To \. B., JUS
t're Of the peace for the county Of
comes I. ID. grand juror of tie :own of
---ln sand county, and complains that r.
f., of--On thc----,iav OF ot--A. ID.
sh. or give away, las the rase NAV be.) in
toxirating :i1uor. without authority. contrary
:" the tnr,n o.. the s,atn.e in ,nrh case mad.
and provided, aud against the peace and Dig
nty Of the state. {. ID. q,und Juror" And
the Justice. to whom such complaint is male,
shall certify thereon. substantially as follows:
-" THIS Complaint, exhibited to me this
day of--A. D--A. e. ;u<-
tire of tie pcace." And for all off.n>es a.
ganst the nln,h section of this act, the CON-
plant shall be, in substantially the ,me form,
inserting the words became manufacturer
Of or common seller Of" "a, the caac NAV
be) IN lieu Of the words did at divers times
sell, furnish. or give awav" And in case.
arising under the twelfth section Of this act.
the complaint shall commence, SUBSTANTIALLY,
in the same manner. and proceed in substance
as follows :-"Come c. ID. f. F. and q. H.,
legal voters IN the town OF -in said coun-
ty. and complain that they have reason to
believe and do believe that intoxicating H.
qnor IS kept or Deposited in describing the
place where and intended for sale. contrary
to the form. g.. following the above men
noned; and the Justice, TO whom the same i,
made. shall certify thereon in substance a.
follows. VIZ The above named {. d.. T.
T. and & II exhibited this complaint to n...
and male oath to the truth thereof, thi.
day of---A D-.trtvre me.
A. H.. justice OF The peace" And in rases A.
rising under the fifteenth section of this act.
the complaint shall follow the same form.
substantially. as far a. the word ..comr!ains,"
and then proceed, in substance, a. follows
That r. F.. Of on the lay
ot--A. D---krpt or sold las the
case NAV he) in describing the rlscc) near
Discerning the public orea-ion) in said coun-
", the Intoxicating liquor seized tv me. and
here produced" &c, following the said form
first mentioned and all info,m atons. ir:dic,-
ments and declarations in actions of debt
founded on this statute. nav be substantially
IN the same form. so tar As the case will al.
mt: nor shall II be necessary to set forth
more particularly the kind or quantity OF in
ioxicatiny li9nor, nor the nature, dat. or
place OF the offense: nor to make anv aver
ment OF a former conviction for like ofiense.
tut upon p-O"t of one or more former convic-
fions OF the sane of..nse. the RESPONDENT shall
b- sentenced to forfeit. paw and suffer the
several fines. fOrt.itnres and penalties herein
provided in such cases. Aud anv defects in
such complaint. information, Indictment or
declaration. either of form or >u>tarcc. may
toe amended by the court before which the
same Is i"niin.. whether l., original entry.
appeal or otherwise. And. under the first
OF the foregoing complaints. every distinct
act OF selling. furnishing or giving away NAV
he proved. ard the cour; shall inposc fin.
for each oilen>r. or n the number exceed five.
:he respondent may be adjul:,d a common
seller. and lr subjected TO the penalties pro
'id'd IN section nine Of this act
SEC 10. In addition to the fees now Al,
lowed hy law. thirty four cents shall be al
lowed TO the in>t.e for taking any bond re-
qn'red bv this act. thirtv-fonr cents for an
order Tor the destruction of liqnor. fitv cents
for attending such destruction: TO any officer
serving any warrant or prorr>s Tor seiz;nc in
toxIating liquor. or srizinS the same under
the fifteenth section OF this act, and appre-
heni'ng the keeper. one dollar: for remov-
ing such liquor and keeping the same, his
actual expenses tor dc>tr"Ning liquor under
the order Of any court, and making his re-
turn o: such Order, one dollar; for posting
np The notices. required in the thirteenth
section of this act. one dollar: and TO every
prosecuting officer IN case Of con, icton tr-
tore justice OF the peace. two dollars; all
which are 10 be taxed "a 30 allowed in the
bill of costs against the respondent.
SEC. 20. The mayor and alderman of ,.,e
cry "f 'ergennes. or OF any other citv here
after Incorporated, shall have the same au-
thoritv and power, ard he subject to the same
duty and liability in case Of an o.frnse, com
united within said city or cities against this
act. As the srlectmen or grand Juror OF anv
town in case of like offences committed in
such town, and NAV require like securities
OF their agents, aud determine the amount
OF their compensation and :he said cit, or
cites shall have the sam" right to al! fines
and forfeI'ures imposed in case of such Of
frnse in said city or cities. an! the same rem
sdy to recover them. As anv town would have
II such Offrnse was committed therein.
SIC. 2l. All payments or compensation.
tor liquor sold in violation Of Law, whether in
money. labor or personal property. shall be
held and considered to have been received
IN violation OF Law. without consideration,
and against law, equity and good conscience,
and IN any action, either at Law or equity.
touching such money, labor. or personal prop
ertv. the purchaser, and also the seller. of
such liquor may be witness for either party ,
And no action OF any kind shall be had or .
in any court of this state. for the
recovery or possession Of intoxicating liqnor.
or the valne thereof. except such are sold or
purchased in accordance with the provisions
Of this act.
Ifany part Of an illegal contract of sale
be made within this State, the vendor can.
not secure himself and evsde the law bv po-