The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1880-10-08
THE PROHIBITORy LAW.
Extracts from the Prohibitory Law as Found
In the General Statutes. Chapter "a
Section as Amended.
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want. or agent, shall sell, furnish, or
give away any intoxicating liquor in
violation of this chapter, he shall forfeit
md pay for each ofiense TO the treasury
If the state upon the first conviction,
zen dollars and the costs prosecution;
on the second, he shall forfeit and pay
tor each offence as aforesaid, twenty
dollars and the costs, and shall also I've
imprisoned in the county Jail one month
md on the third and subsequent con-
victions, he shall forfeit and pay for
each offence rs aforesaid, twenty dollars
md costs and shall also be imprisoned
IN the county Jail not less than three
months nor over six months.
Section 10.--If any person shall be
found intoxicated, he shall on conviction
thereof pay fine of five dollars TO the
treasury of the state, together with The
costs of his prosecution, and Stand com
mtted until the judgment be complied
with, provided the prosecution shall be
commenced within thirty days after the
offence is committed.
Section 13.--No person shall be allow
ed at any time or place within this state,
to own, keep, or possess any intoXicat-
ing liquor with intent to sell, furnish
or give awav the same contrary to the
provisions of this chapter; and any per-
son who shall so own, keep or possess
any such liquor, with any such intent,
shall be liable to the same penalties as are
now provided for the offences specified
in section of this chapter,
1876. No. 3, Section S.-Every saloon,
restaurant, grocery ,.celar, shop, billiard
room, bar-room, and every drinking
place or room used as place of public
resort, where spirituous or malt liquors
or any kind of intoxicating drink is un-
lawfully Sold furnished or given away,
or kept for selling, furnishing or given
away unlawiully, shall be held and re-
garded as n common nuisance, kept i'll
violation of law.
No. Whenever any person is duly
convicted of Keeping and maintaining
any such place or room used as n place
public resort, in which any such
sprtuous or malt liquors or any kind
of intoxicating drink is unlawfully sold,
furnished, given away, or kept for un-
lawful sale, furnishing or giving away,
he shall be adjudged by the court before
| which he is SO convicted to be guilty OF
keeping and maintaining common
nuisance, and upon any conviction Of
such otfense he shall forfeit and pay
into the state treasur Il fine of not
less than twenty dollars nor more than
two hundred, or he is liable to fine
not exceeding twenty dollars and i'm
prisonmcnt in the county Jail not less
than one month nor more than three
months, in the discretion of the court
Chapter 9I.-Section Is, OF the gener-
al statutes prohibits The sale of cider, or
any fermented liquor at or in any vie
tualling house, tavern, grocery, shop or
cellar, or any other place OF public re-
sort, or to an habitual drunkard any
where, and makes penalty of ten dol
lars fine for each offence, and it is moi,
necessary to prove that the said cider
or fcrmented liquors is intoxicating
Aud If the number of otlenscs alleged
and proved exceeds five, the offender
may be fined one hundred dollars As
common seller.
1873, No. 10, Section 1.-Therc shall
| be in addition to the kinds of liquor or
drinks, the sale, furnishing. or giving
away OF which is prohibited in chapter
9i of the general statutes. and all acts
supplemental thereto and IN addition
thereof, the words "lagcr brer aud all
malt liquors.
Chapter -, Section 2n.-Nn person
engaged in unlawful traffic in intoxlcat-
ing liquor shall be competent to sit npon
any jury, in any case arising nuder thi,
chapter; and when Information shall
be communicated to the court that anv
member impaneled upon such jury is
believed to be engaged in such fic.
&c court shall inquire of him as to II
truth thereof and no answer that he
shall make shall be used against him in
any case Arising under this chapter, but
he may decline to answer, and in that
case he shall be discharged from such
panel, and If he answers falsely, he
shall be incapable of serving upon any
jury thereafter: provided That no Naf-
dict against any Respondent in such a
case shall be vitiated or impeachcd in
consequnce of such n person having
been upon the jury by which il was
rendered.
1872, No. "a, Section LIN all prose
cuiions under sections 9 and rs OF This
chapter, it shall be the duty Of the
prosecuting officer 10 allege in tie com
plant. information, or indictment Gas
the case may be-, all known prior CON
viciions under said sections to the num-
ber of two, upon trial to make proof OF
the same, and in case ofa wi!llul failure.
neglect, or refusal so TO allege and
prove such known prior convictions,
said prosecuting officer so falling, ne
glcciing or refusing shall be liable Ia
he provisions of the penalty prescribed
by section ~ of this chapter And
all cases arising under this chapter shall
take precedence of all other trials in the
court in which they are pending. except
those in the criminal cases where the
respondents are under arrest: and neith-
er the court nor prosecuting officer
shall have authority to enter n0Ue
pfOSeqHi, or to grant continuance in
any case arising under this chapter eth
cr before or after the verdict, except
where, in their opinion, the purposes of
Justice require it.
1874, No. y, Section Whenever
any person by reason of intoXication
shall commit or cause any injury upon
the person or property OF any other in
dividual, any person who by himself,
his clerk, or servant, shall have unlaw-
fully sold or furnished any part OF the
liquor causing such intoXicaton, shall
be liable to the party injured for ali
damage occasioned by the injury so
done, TO be recovered in the same form
of action as such intoxicated person
would be liable to and
coverture or infancy shall be no bar TO
proceedings under this act and no per-
son shall be disqualified as a witness by
reason of the marriage relation in any
proceedings under this act.
sectioni2 makes the penalty for any failure ia
duty, a hne not exceeding one hundred dollars
the court.
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