Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1876-11-29

plnco Or room used as q place Of public resort,
toxlcatlng drink is unlawiully sold, furnished or
gwen away, or kept ioi selling, furnishing or Civ
ing away unlAWiaiy. shall DO held aud regarded
a. common nuisance, kept 10 violation Of law
Sec. 2 When upon due rial, I: shall he proved
That any such liquor or Intoxicating drink q, kept
for unlasfu sals furnishing or giving away. or Is
uniawiully sold. furnished or given away, In any
such place Of public resort asis named Ia the pre-
ceding SECTION the court having Jurisdiction 10 the
ease shall udge suck place t. he = common NUS.
ance. and the same shall DO shut up an1 Abated by
the Yrasr OF such court 10 the manner and form
hereinafter provided, and ahau not be reopened
by the person ctsd the keeper ther s0f until
be shall Ole With such court bond, with san
Gent sufoiy ~ suletles, payable 10 the treasurer
Of the etaie, In the sum Of not less than three
hundred dollars nor more than Ave hun1red dol
iars-eondltloned that he Will not thercaitsr keep
unlawiully sell, furnish or give assay therein any
such liquor or intoxicating drink ns hero n named.
occupy such place before giving suoh bond he shall
be liable - hno OF ten ars payable q the State
treasury fer esci day 10 which he shall keep open
suca place before giving such bond, with costs o.
prosecution. Aud II shall he the duty Of the states
Whenever apy bond provided for Ny thisaet
shall be forfeited, 10 prosecute and the
amount 50 forfeited on behalf Of tho state, and
when such duty Is neglected by the states attorney
for the county 10 which such forfeiture occurs for
six months alter being notified Of such forfeiture,
any other person may institute proc ,edngs for such
recovery IN an action OF debt In the name OF tbs
state and such psrsOn, pom recovery and the pay
mont OF such amount into tne state treasury, shall
b be allowed one-half Of the amount - recovered.
Ana II hnal be tbs duty OF the grand Jury OF each
county 10 inquire into sud present 70 the county
court all cases Of violation oiths act not othersse
% proceeded against
Soc. 3. Whenever any person is duly COW c.sd
Of Keeping and maintaining any such place or room
used IS place Of public resort In which any such
splrtuous malt liquor or any kind Of intoxlcat.
ing drink Is unlasluily sold, furnished or gwen
away, OF kept for unlawful sale furnishing or Civ
lng away, he snail be adjadged BY the court before
which ha IL 50 convicted T. DO guilty OF keeyin
and maintaining a common nuisance, az upon
eny convection o. such onenca no shall forfeit aud
pay into the state treasury fac Of not less than
twenty dollars nor more than two hundred dollars,
Q OF he shall be liable 70 a hne OF not exceeding
T. twenty dol ars and imprisonment in the county TAI
+ not less than one month more than three
n months, IN the discretion Of the court.
Sec Z. Justices Of the peace shall have jurisdlc-
tinn In their several COUNTIES 10 Try aud determine
ali offences Eainst this act on writtea plant
y Of town grand juror otaer proper prosecuting
: oneer and an appeal TO the county court ahal be
allowed TO the party convicted, Is now provided
+ by law in othsf cases hom conviction by Justice
i OF the peace.
a Bee .. Complaints arising under this act shall bo
substantially In the tu.iowln< form, and the ame
4 mag DO ametdsd in the discretion OF the court,
$ either 10 form or substance a. any stage OF tbs
n proceedings. TO wit
otate OF Vermont 70 A. b.. Jassice Of the peace
n county, 50. )w.thln and ior the county OF
= comes c. d grand n.or OF the town Tor citJ)o
9 In said county, anu complains mat 4. Y. Of
$ in said county, heretofore " wit tho day
= Of A. y. at ia said county, did un-
lawfully keep snd maintain certain place or
n room used as plaes VI public resort called and
Il known a. here give the name Of the place room
whether saloon billiard ROOM bar room or other
e wise situated here give the locitlon with reason
. abs certainty 10 the town (or city, OF in said
county, In which, then and there, spfituous or
malt liquor other intoxicating drink las the case
q may be was kept FOR unlawful sac, furnishing or
= giving away, Tor was unltwiuly sold furnished
y given away, AS the case may BEL to the common
II nu sance OF All the good people OF this state,
tfary to the form OF the statute in such lde
t aud provided and against the psaes an dignity Of
n And the justice to whom tho complaint is NJ ado
IS shsll certify thereon substantially rs follows
4 This compliant exlbtsa to me this day
9 Of A. D.
y a. D.. Justice OF tho Peace"
. Upon tho conviction Of tne 70 pondent tor the
h keeping and 0ainta ming OF pch common nuisance
the court shalt Ia addition 10 the ordinary mitti
y mus In Grimm cases is,u3 order for the shut
!. tngup and abatement OF such nuisance sub.tan-
o taiIy IN the form following, " wit
e state OF Vermont TO any s-era or constable In
d whs count = tue ave, u, Gsestas r..
day Il a. D. before s tho u und On.
" cd, justice OF the peacl In said county convicted
Is o. keeping and maintaining place Of public re-
u sort, called aud knosn as there describe the
place, giving It's name and location Us in the com
70 paint which has been sdjadgcd common nus
n anoe aud ordered to be abated.
"A NoE, therefore, By tne authority OF the State Of
v Vermont you are hereby Commanded forthwith to
> abate such nuisance, BY shutting up the place
10 aforesaid, upon giving the said h. H. reasonable
notice to remove whatever goods and Effects he may
,a c 5S VII Hqs pss ana npi Sor saprs up
y trance 70 the same, n0ios In words follows !
o Closed sgainst Z. r. Of by orisr ofA r., JUS
cial capscty. Hereof lal not, but OF your doins
g. hereOu make due return according to law. Dated
at in said county ms ,n,,,S day Of A. D.
And the sams place shall again be shut up and
y abated in the same manner. on any subsequent
Il conviction Of any person Of keeping tho same as
common nuisance, under this act
And whenever any teEa Mt occupying such prem
A ises shall DO convicted OF keeping tbs sams az a
l. cOmnsn nuisllce, and TIE same shall be closed
herein provided, any rlgut or lease hereafter
8 gwen N iSr me use theieo, may DO yiea,ei az
j. the sht against any lease TO enter and re-
y Gums POSSESSION OF The same wlthou. process OF
N Law.
II Sec 6 The special costs In say t.al under this
act shall DO taxed ainst the pondent and allow
ed as follows VIZ. 70 the court Tor Issuing the
Il der herein provided for thirty cents for pre-
II pairing aud taxing any bond herein provided for,
l. MY csni 10 tho officer Tor executing such order
II and posting such not as IS herein provided for
conviction 10 any tral undor this act before JUS
l. tiee OF the peace o. city court, two dollars.
II 81, 7. This act shall take effect Goln its pas
o Approved, November So 1876.
No. 3i.-An act to amend section tairty-thr.o OF
chapter ninety -four OF the general statutes. Gu
= titled 'of the tram, in intoxleatln. DRINKS"
i IL Is hereby enacted, etc
d Sec /. Section thirty three OF chapter ninety
our OF the general statutes Is hereby amended so
as 70 read as iollows;
found in such state OF intox.caton as 70 disturb
the public or domestic peace and tranquility, any
II sheriff. depaty sheriff. Ugh ballif Justice OF tho
l. peace Tor tho county, or any constable, grand
IS Juror soec,man OF tho town 10 which such
person Is so found. may without warrant aud is is
hereby made III air DUTY to, epprehend such person
r. so intOx Gated and tako and Ietan In custody
II at the expense OF the state, In any place within
the county In the discretion OF the officer 90 arrest
It ins, until, In tho opinion OF such Oihcef. the
! person so detained shall DO capable oftsstifying
properly In court 81 Justice, and AS socn as may
n be thereafter bring him before justice OF tho
Il couoty and such person 80 found intoxicated
Q shall, on oath before such justice, scloso the
place where and The person OF whom tho liquor so
prVdusins int1xlcation was obtained, and all tho
> circumstances attending II and refusal neg
lect OF such person So 10 Disclose, no may by such
}, Justice be cOmmttoi 70 tho common jail OF the
Il county, at the expense OF the ate until no shall
50 disclose, or BY said Justice he discharged. Ard
b Ia case SAID justice shall adjudge from the owl
dence thatthe sale, furnishing, or giving away OF
SAID liquor was IN onsncs against tina chapter he
shall forthwith issus his warrant and cause the
person 20 ssiins, turnisnas, Or syins away SAG
such proceedings shall DO had in tao case all re-
q speots. as would have becu had II the person 80
y offending had been regularly prosecuted before
T. suoh Justice com plant Of any grand Juror or
State attorney IN the manner prescribed in thls
chapter and any person resisting the arrest or ds
tention OF such person 50 found intoxicated, by
/ any OF tho ,ers Aforesaid shall be liable T. tho
same penalties as are provided by law for resisting
: sherin IN the execution OF legal process.
Approved, November p, 1870.
No 95Anact relating to witnesses In prosecutions
r Tor Tho violation oi tho provisions OF chapter
!, ninety four Of toe general statutes, Aud the
I; several acts In ad .iiion thereto, aud in amend-
ment thereof.
II Is hereby enacted, etc.
rec l.. in prosecutions for the violation Of any Of
The proyisons Of chapter -four OF the general
Atatutos or OF the several acts In addition thereto
or In amendment thereof no person other than tho
rspondeu. hhal be excused from testiJ ing tho
l reason that his testimony may cfiminato or tend
4 to crmnste himself
$50. 2. such testimony a. given by any such
person shall not thereafter DO used 10 any court 10
any prosecution OF such person for any criminal
chsnce, except In prosecution for perjury commit
tod 10 giving such testimony, 10 any civil suit
against the person giving kueh testimony.
Soc .. This act snail take tfjot from is passage
Approved, November |, 1876.
No. s6,-An act to amend section nina OF chapter
ninety four Of the general statutes, onfitled sOf
the traffic In Intoxicating drinks"
IL 10 hereby enacted, etc.
Boo. Section nine Of chapter ninety -four Of the
general statutes IL hereby amends ~ as " road As