The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1882-08-05

And such Justice on his own view, or on proof
of such offense by oath, may convict any person
so offending, and on conviction he shall pay any
sum not exceeding two hundred and fifty dollars,
and be imprisoned at hard labor for any period
not exceeding three months and such Justice
may adjudge such spirituous liquor, vessels, and
utensils, containing the same, and any cart,
draw, or carriage, horse or other animal, and
any boat or vessel used in conveying the same
to be forfeited, and may direct the same to be
sold, and the proceeds thereof, after deductlng
the expenses of sale, to be appropriated In like
manner as fines are by law directed to be appro-
priated. Provided that in all cases where liquor
shall be carried, or be IN course of being carried,
or be on the way from one place to another. the
burthen of proving that such liquor was not SO
carried, or being carried or exposed tor sale,
shall be on the party so carrying the same.
Section "a. Upon information on oath before
any Police or District Justice by any person that
he believes that spirituous liquor is sold by any
person without a license or contrary to the pro-
visions of this Act in any house or place, such
Justice shall grant his warrant to any Constable
to enter and search such house or other place,
and seize all such spirituous liquors as aforesaid,
as he shall then and there find, and vessel or
vessels containing such spirltuOus liquor, and
detain the same until the owner thereof shall APP
pear before such Justice, to claim such spiritu-
Gus liquor or vessel, and shall satisfy such
Justice how and wherefore such owner became
possessed of the same, or if such person after
being summoned shall not appear, and if it shall
dpptaT u lIc Sd"o u ~ ihdAAJ, bh"'
such spiritaous liquor was i'll the said house or
place for the purpose of being illegally sold or
disposed of, then he shall adjudge such spiritu-
Gus liquor and vessels to be forfeited and sold,
and the proceeds, after paying the expenses OF
such sale, shall be appropriated IN like manner
as penalties under this Act.
Section &c. The delivery of any spirituous Ii
quour, either by the owner or occupler, or by
his or her servant, or other person i'll the house
or place, shall be deemed to be suffiient prima
facie evidence of money or other consideration
being given for such spirituous liquor so as to
support a conviction, unless proof TO tbs con-
trary be given to the satisfaction of such Justice.
Section 81. Every husband, wife, child, parent.
guardian, employer or other person who shall
be injured in person or property or means OF
support by any intoxicated person, or in con-
sequence of the Intoxica.ion, habitual or
otherwise, of any person, or who, being himself,
or herself intoxicated shall be thus injured III
consequence of such intoxication, shall have a
right of action in his or her name, severally or
Jointly. against any licensed dealer of spirituous
and intoxicating liquors who shall, by selling or
giving Intoxicating liquors, have caused the in
toxication in whole or in part, of such person or
persons, for all damages sustained. and for ex-
emplary damages. And a married woman shall
have the sam right to bring suits under this
Act and to control the same and the amount re-
covered as a femme sole. And all damages re-
cover d by a minor under this Act shall be paid
either to such minor or to his parent, guardian
or next friend, as the Court shall direct.