The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-02-25

prisonment not less than three months in
the county Jail. Procided, that this law
does not forbid "giving away" in a private
house, unless the house be a place of pub
| lie resort, or the gift be to a habitual drunk
ard, or at a public gathering for amusement
or at "raisings,' sc. nor does it forbid fur
nishing the fruit of the vine for comment
Grating the Lords Supper. General Stat
utes, Chapter "a, Sections 1, o.
?. The same penalties are imposed for
keeping Intoxicating liquors, for the pur-
pose of thus unlawfully disposing of them.
Sec. 10.
3. If any expressman, conductor, team
stcr or any other individual, shall knowing
ly transport within this State for any other
persons, Except to town agents, for pur-
poses recognized as lawful by our State
laws or shall in any way aid or abet any
| other person in procuring or transporting
such liquor to be unlawfuly disposed of,
the penalty is $50 on the first conviction;
and ON the second $50, and from three to
ten months imprisonment See A.
4. Any person except an authorized
agent, who shall be a manufacturer or com
mon seller of intoxicating liquor, in this
State, is subject to a penalty of 800 on n
| first conviction, and on a second $500; on
a third 5000 and imprisonment from four to
] tNtNc IlOUtns. ~ COlnlllOH Scllcr Is one
who is convicted OF more than five and not
over ten olenses in one trial. 1t is pro-
yidcd, however, that any person can make
and sell cider and make for his own use
any tcrmcnted liquors; but no person shall
sell or furnish cider or fermented liquor,
in any victualng house, grocery, tavern or
other place Ct public resort, or to habtual
drunkard in any place. For each violation
OF. this proviso the penalty is $40 See.
| Is, 10
>. If any three voters in any town or
city in this State come before Justice of
the peace of their county, and make oath
or affirm that they believe Intoxicating IL
quor is kept in any place in their town or
city, intended for SALE gift or distribution,
contrary to our law, the justice must issue
a search warrant to a constable, sheriff or
deputy, who shall search the premises so
described, and on finding such liquor, evil
IDENTIFY intended for such purpose, he shall
take it in safe keeping, and notify the own
er or keeper to appear before the justice of
the peace forthwith, and if it appears by ev-
idence that such liquor was kept for sale or
distribution contrary to this law, it is de-
livered to the town agent. If he finds it,
on examination, fit for sale by him for law
full purposes, he is to sell it, and the pro-
coeds to 60 into the town treasury. If he
decides it unfit for such use, it is to be de-
stroyed. Sec. %.
6. Any person seer intoxicated may be
prosecuted within thirty days aftcrwar Is,
and fined So and costs 1t is the duty of
any grand juror, seectman, justice of the
peace, sheriff, deputy or constable, who
shall see any person in the town where they
reside, so far intoxicated as to disturb the
public or domestic tranquility, to arrest
such person without warrant, and hold him
in custody at the expense of the State till
he is capable of testifytng properly. He
shall then bring him before some Justice of
the peace, when he shall b, compelled To
disclose where and of whom he obtained
the liquor which made him intoxicated and
the person who furnished it to him unaw-
fully shall be summoned before the justice
by warrant and be discharged n fined ac-
cording TO the evidence in trial. Sec. 33.
T. Any officer who, on application, re-
fuses or neglects to perform faithfully his
duties under any section of this law, is sub
ject 10 penalty of not less than 500 nor
more than 500. See. AZ
s. If any States attorney shall offer to
settle any case which he may have in charge
under this law, with any offender, or re-
lease him during his trial. he is liable to a
penalty Of not less than three hundred dol
lars. Sec. As.
o. In any case of an appeal from JUS
tees court, the witness who has testified
may be put under the same bonds as the
defendant, for appearance as witness at
the county court. Sec. %.
10. No person other than the respondent
shall be excused from testifyng, for the
reason that his testimony may tend to Grim
mate himself. Law of 1873.
If Tn all urospputinnS un1nr snrtions ninn
and thirteen, it is the duty of the pr0secut-
ing officer to allcgc in complaint, all known
prior convictions under said sections to the
number of two, and upon trial to prove the
same, and in case of a willful failure is IL
able to the penalty prescribed by section
fortytwo. Law of 1872.
II. Each town or city agent is governed
by rules prescribed by the county commits
sioner, not inconsistent with the law; and
whenever he violates such rules, or the law
itself, it is the duty of the commissioner to
remove him on application Of three voters
ofthe town, and the amount of the bond
given by the agent is to be forfeited. Sec
40. The agent is not allowed to purchase
he liquors to be sold by him, but they must
be furnished by the selectmen or aldermen,
who are to fix prices on them. Claw of 1863
If an agent shall sell for other than medi-
(Sec ~ or without having a definite sum
Of money agreed on and allowed by the Sc
lectmcn as his salary, he is liable to the
same penalties as common seller. claw
Of 1864 If the selectmcn or city alder
men or mayor shall make any arrangement
with the agent by which his compensation
shall be received in any other way than by
4 specific salary to be paid by the town or
city, or allow him all or any portion of the
profits, or make any arrangement by which
he would be induced to increase his sales,
each sclccman, mayor, or alderman so Of |
Tending is liable to Il penalty of five hum
dred dollars for such oilensc. (Sec g. If |
any person obtains liquor of any agent by |
false pretensc as to purpose, he is liable to |
a fine OF $40, and cost, for each ollensc. |
(Sec 10
IS In all violations of Section and 10 |
justices have the same jurisdiction as coun-
ty conrts and u complaint signod by Il town |
grand juror is A. good as II bill found by n |
county grand jury, Any town grand Juror, |
or states attorney, on receiving proper evil |
dencc, must proceed to prosecute, and it is
the duty of the county grand jury to inquire
into, and prosecute all violations not other
wise prosecuted Any defeats IN the forms
Of complaints, may be amended, ut the time
Of trial before Il justice, and also when |
brought by appeal or otherwise to a county |
court. See. 10, 50, 80.
II Any railroad conductor, eXpressman,
freight agent, teamster or common carrier
Of any kind, who shall knowingly bring into
or deliver wi hin this State, for any person,
any barrel, cask, jug, box, or other vessel
capable of holding Intoxicating liquor, unless
legbly marked with the name OF the person
to whom it is sent, or to be delivered, shall |
be subject to n fine of S25 and costs, Law
Of 1868.
10 When any private citizen makes COM
plant, either in his own name before JUS
tce, or gives proof to any prosecuting Off
Ger of the violation of the liquor law Of this
state, he is entitled to one-fourth of the fines
recovered. In such case he must inform
the regular prosecuting officer, or the court,
that he claims such portion of the fine, 9th |