The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1880-12-31
THE NUISANCE ACT.

We give the full text of the Nuisance
Act, passed by the legislature and sign
ed by the governor:
AN ACT TO ABATE AND SUPPRESS NUS
ANCEs.
1t 10 hereby enacted By the General as
sensbly Of the State Of Vermont.
SECTION l. Every saloon, restaur-
ant, grocery, cellar, shop, billiard.room,
bar room, and every drinking place or
room used as place of resort where
intoxicating liquor is unla y fully sold.
furnished or given away, or kept for
selling, furnishing, or giving away,
unlawfully, and every place or room,
used or resorted to for gambling, shall
be held to be common nuisance, kent
In violation of law.
SECTION 2. When, upon trial, it is
proved that intoxicating liquor is kept
for unlawful sale, furnishing or giving
away, or is unlawfully sold, furnished,
or given away in place named in the
preceding section, or that gambling is
done in such place, the court shall adj
judge such place to he common nuis-
ance, aud the same shall be shut ND and
abated by the order of the court; and
the person keeping the same shall be
ad)udgcd by The court guilty of keeping
and maintaining common nuisance,
and shall be fined not less than twenty
dollars, or more than two hundred dol
lars, or he shall be liable to a fine not
exceeding twenty dollars, and impris-
oDment not les than one month, nor
more than three months, in the discre-
ton of the court.
SECTION 8. Upon the conviction of
the respondent for keeping and main
tainfng such common nuisance. the
court shall, in addition to the ordinary
mittimus in criminal cases, issue an Or
der for this shutting up and abatement
of such nuisance.
SECTION 4. The same place shall be
again shut up and abated' in the came
manner, on any subsequent conviction
of any person of keeping the ssme as
common nuisance.
SECTION 6. The place 30 closed shall
not be reopened by the person convicted
~ the keeper thereof until he files With
the court bond to the state, with suf-
ncient surety or sureties, In the sum of
not less than three hundred dollars, nor
more than five hundred dollars, condi-
toned that he will not thereafter keep
for unlawful sale, furnishing, or giving
away, nor unlawfully sell, furnish, or
give away therein intoxicating liquor.
nor suffer gambling to be done therein.
ana II the person 80 convicted re-opens
or re.occupies such place before giving
such bond, he shall be liable to a fine
OF ten dollars, payable to the state, for
each day in which he keeps open such
place before giving such bond, with
costs of prosecution.
SECTION 8. The states attorney, when
such bond is forfeited, shall prosecute
and recover the amount so forfeited on
oenaif OF the state, and when such duty
10 neglected by the states attorney for
SIX months after being notified of spc,
forfeiture, any other person NAV ipsti.
tute proceeding s for such recovery In an
action of debt in the name of the state.
and such person, upon recovery and
the payment Of such amount into The
slate treasury, shall be allowed cne-halt
OF the amount thereof.
SFCTIoN z. A person, being a ten
ant or occupant of a building or tepe
ment not owned by him who uses II q,
any part thereof for any purpose named
In the first section of this act, shall for.
feit his right thereto, and the ownc,
thereof may make immediate entr,
without process of law, or NAV have
the same action against such tenant OF
occupant for the possession that he
might have against tenant holding
over after the expiration of a lease OF
after breach in the conditions of ,
lease may enforce his right to the nos.
session, by any other proper Iawfu
process, and may recover of such ten,
ant all damages arising from the termi.
nation OF such tenancy In an action OF
the case.
SECTION 8. A person who knowlngl,
lets building, tenement, place OF
room, owned by him, or under his con
troll, for any of the purposes named il
the nrst section of this act, or knowing,
~ permits the same or part thereof tc
be 90 used, shall be fined not less thar
twenty dollars, nor more than two
hundred dollars.
SECTION 9. Justices of the count,
shall have concurrent jurisdiction witt
the county court of offences under sec
uons two and i've and eight of this act
All lines and penalties received under
tbis act except as herein provided, shall
90 to the state.
6EcsIoN 10. Complaints relating n
nuisances under section one of this acI
shall be substantially In the followinp
form, and the same may be amended
In the discretion of the court, either IN
orm or substance, at any stage Of tn,
pressedIpgs;