St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1881-01-07

. Sec Il Every saloon, restaurant, grocery. cellar
place or room used az place OF resort where In.
toHlcatlng llqur IL unlawfully sold, furnished OF
Ing away unlawfuily, aud every place or room used
or resOrted TO for gamb ling, shall be held to be
common nuisance, kept in violation OF law.
sec. z. When, upon trial, II Is proved that in.
toxicatng liquor is kept for unlawful SALE furnish
ing or giving away, or Is unlawfully sold, fur
nishe'l, or given away In place named In the pre-
ceding section or that gambling is done in such
place the court shall ad!udge suoh place to be q
and abated by order OF the court, and the person
keeping the same shall be adjudged by tue court
guilty OF keeping and maintaining common nuLs-
ance, and shall be fined not less than twenty dol.
lars nor more than two hundred dollars, or he
shall be liable to fine not exceeding twenty dol
lars, and Imprisonment not less than one month,
nor more than three months, In the discretion OF
the court
Sec. g.. Upon the conviction OF the respondent
Tor keeping and maintaining such common nuls-
ance, the court shall In addition to the ordinary
mittimus In criminal cases, issue an order for the
shutting up and abatement Of such nuisance.
Sec. 4. The same place shall be again shnt up
anu aDateu IN the same manner, on any subsequent
conviction OF any person OF keeping the same as
common nuisance.
Sec. S. The place closed shall not be re-opened
by the person convicted as the keeper Thereof until
he niles with the court q pond to the State, with
sucient surety or sureties In the sum OF not less
than three hundred dollars nor more than i've hun
dred dollars, conditioned that he viii 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. And II the person SO convicted re-opens
or re-occuples such place before giving such bond
he shall be liable TO ne 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.
Sec. Q. The States attorney, when such d bond
Is forfeited shall prosecute and recover the amount
so forfeited on behalf Of the STATE and whom such
duty Is neglected by the States attorney for six
months after being notified of such forfeiture, any
other person may institute proceedings for such re-
coyery In an action OF debt In the of the State
Of such amount Into the State treasury. shall be- nj.
lowed one-half OF the amount thereof.
Sec. 7. person, being tenant or occupant OF
building or tenement not owned by him, who uses
II or any part thereof for any purpose named In the
first section OF this act shall forfeit HIS right there
to, and the owner thereof may make immediate en-
try without process OF law, or may have the same
action against such tenant or occupant for the pos
session that he might by law have against tenant
holding over after the expiration Of lease or after
breach In the condition of lease, or may enforce
his right to the possession by any other proper law
full process, and may recover of such tenant all
damages arising from the termination Of such ten
ancy In an action on the case.
Sec. 8. A person who knowingly lets building
tenement, place, or room, owned by him, or under
his control, for any OF the purposes named In the
first section OF this act. or knowingly permits the
same or part thereof to be so used, shall be fined
not less than twenty dollars. nor more than two
hundred dollars.
Sec. 3. Justices Of the county shall have concur
rent Jurisdiction with the county court OF ofenses
under sections two and five and eight OF this act.
All fines and penalties recovered under this act ex.
cept as herein provided, shall go to the State.
Sec. 10. Complaints relating to nuisances under
section one Of this act, shall be substantially in the
following form, and the same may be amended in
the discretion OF the court either In form or sub
stance, at any stage Of the proceedings:
State OF Vermont, To A b, justice Of the peace
county, IS within and for the county Of
comes c. D., grand juror of the town Tor city,
Of In said county, and complains that T. f., OF
day OF ,AD., in said county.
did unlawfully keep and maintain q certain place
or room used as place Of resort, called and known
as there give the name Of The place or room,
whether saloon, billiard room, bar-r0om or other
wsel, situated there give the location with reason
able certainty, In the town Tor city Of in
said county, In which. then and there intoxicating
liquor was kept for unlawful sale, furnishing or
cixlna aWav Tor nnla yufaIlx aaid furniahad or