The Olneyville times. (Olneyville [Providence, R.I.]) 1887-1917, 1889-08-23

/ place 10 be searched anu the iAiuDTs ana lh
I vessels containing tho SANG % be- seized, am
shall state the name Of the owner or keepe
thereof, II known 20 the complainant, anf
all such liquors, together with the casks u
other vessels IN which the same are contained
shall be taken and be- kept by such Office
in some proper place Of security until theJ
can be proceeded against in manner herein
after provided and the officer shall summon
the owner or Keeper, ii any be named IN thu
complaint, if % be found by him, and th'
warrant shall be returned by said officer
with his dOings thereon, as soon as may be
% the District Court having Jurisdiction Of
the same in the district where such liquors
shall have been seized.
SIC. 80. II the place 30 be searched be a
dwelling house used and occupied eXclu-
siyely as such, and no tavern, store or grocery
eating room or place Of common resort bs
kept therein. such warrant shall not be is.
sued unless the complainant shall make oath
that hc has reason 90 believe, and dOcs be-
licye, that Intoxicating liquors have been
sold IN such dwelling house, or taken therss
from for the purpose oi sale by the occu-
pant thereof, or by his permission, contrary
10 law, within one month next before max
ing such complaint, and are then kept there
in for sale contrary 10 laws and shall also IN
like manner state the facts on which such
belief is founded, which facts shall be rccited
In the complaint.
SEo 81. II the owner or keeper be not
named in the warrant or not found, tho
court shall order a notice Of such seizure 10
be given by posting up written notices IN at
least three public places IN the town, one OF
which shall be on tho building or near the
place where the seizure was made, and such
other notice shall be given as the court shall
deem 90 be necessary.
SKo 32. All intoxicating liquors and the
vessels containing the same, seized under
this charter, which were kept for sale IA yio-
lntiOu Of tho law, shall be- forfeited 90 the State
lrt ltr,it gr ffH
Ger designated by the court for that purpose
shall forthwith proceed 90 prosecute for tho
forfeiture thereof IN the manner provided hy
law.
SIC. 80. If the cause Of forfeiture he prov
ed the court before which the complaint or
information shall be tried shall enter judg-
meut that the said liquors and the casks or
other vessels containing the same be forfeit
cd 90 the State, which judgment shall be the
judgment from which any appeal must be TAX
On. If the cause of forfeiture be not proved,
then all such seized liquors and the vessels
containing tho same shall be forthwith re-
stored TO the proper owner thereof or TO the
place from which they were taken by the Of
lcor who seized the same.
SEC. 3i. Upon entry Of judgment Of for
feiture against such liquors, If no appeal be
then taken aud no rccogniZance given AZ
prescribed i'm other criminal cases, the Court
shall forthwith issue warrant 10 the officer
commanding him forthwith 10 destroy said
liquors: and every such officer shall execute
said warrant and shall return the same, with
his doings thereon, to the Court within such
time rs the Court shall direct. In case Of
final Judgment for the State on appeal, the
appellate court shall issue the like war
rant, rs aforesaid for the destruction of the
liquor seized.
SEC 80. Whenever in any proceeding for
forfeiture Of liquors hercinundcr, II shall
appenr 90 the court that there has been any
irrcgularity IN the service of any process is
suing upon any complaint or Information, or
any omission TO publish the notices required,
or any defect or omission IN the citation or
notice or in the service thereof, the court
may permit the same tO be amended, and
direct such further service OF process Orpub-
lication Of notice as will iu the judgment
of the court, bo most cncciual IN securing
personal notice thereof 10 the owner Of tho
property seized.
Src. Sc There shall be allowed and paid
20 the officer who shall make the same for
every seizure made under tho foregoing pro-
visions, tho sum of five dollars, with twodol
lars additional for every day after the first
that such officer shall be necessarily en-
ployed in causing tho liquors seized TO bo
condemned, and ten cents Tor every mile
which he shall necessarily travel therein,
together with such reasonable sum ns tho
court may deem just fol necessary expense
incurred in providing storage Tor liquors
seized. pending proceedings Tor condomta-
tion, all which costs shall bo taxed IN tho
bill of costs, and the amount allowed by the
court in which the final judgment shall be
rendered 20 such officers shall DO paid 10y
the State Auditor out Of any money in the
treasury not otherwise appropriated.
SEQ. 81. All fines recovered under sections
nineteen and twenty of this chapter shall
onuro, ono-half To the use of the State and
the other half 20 the complainant; and IN all
such complaints Judgment rendered upon
Ia, ttl
shall be no bar or prevent judgment upon
q the merits being rendered on any prior COM
plant, and the pCndCnCy of the former COM
plant may bo pleaded III bar Of the second
complaint.
SEc 80. Any person convicted before n
district court of any offence of this chapter
may appeal from the sentence of such court
90 the Court of Common Pleas next 10 be
holden in the same county after ten days
Provided, such appeal bo claimed within
five days from the time of passing sentence.
SEo; 80. Upon such prayer the appellant
shall bc required To give rccognizanco IN tho
sum of ono hundred dollars, with good aud
sufficient surety IN every case 50 appealed,
with condition that he will file his reasons
OF appeal IN the court appealed TO on or be-
fore the term thereof, that he will appear be-
fore said court and there prosecute his APP
peal with effect, and abide or perform the or
der or sentence of said court IN said case, and
that he will not during the pondency of such
appeal violate any OF the provisions of this
chapter; which rocOgni2auce such District
Court shall forthwith certify 10 said Court
of Common Pleas.
SEC. 40. Upon neglect Of the appellant 20
give such rcCogniZauce. he shall forthwith
bo committed 10 Jail in the same county there
10 remain until he give such recogniZancC or
be discharged 10y order OF law.
SEC. Al. In case of such appeal the Dis
trict Court shall, upon motion either of the
complainant or defendant, require any wit
ness sworn 60 enter into rCCognizancc IN the
sum of fifty dollars, with condition that he
witt appear at the appellate court 10 testify
IN the trial of the appeal, whenever said Np-
peal shall be called FOR trial.
SEC. ~. Every person who shall, contrary
TO the provisions of this chapter, manuiac-
turo any ale, wine, rum or other strong malt
or intoxicating or mixed liquors, part of
which Is ale, wine, rum or other strong malt
or intoxicating liquors. or become q common
Sc Ter thereof, shall upon his first conviction
Ice fined one hundred dollars and costs of
prosecution, and he imprisoned ninety days
and ON the second and every subsequent
conviction shall bo fined Sl0O and costs Of
prosecution, and shall be imprisoned six
months said fines, when recovered 10 en-
ure, ouc-half 60 the use of the town in which
the offence shall have been committed, and
the other half To- tn use Of the State.
SIC. ~. Three several sales of ale, wine,
rum or other strong, malt, or intoxicating
liquors or miA,u Liquors, part of which Is
ale, wine, rum or Other strong, malt or iutoN-
icatiug liquors, made or suffered to he made
10y an individual. oithCr Co different persons
or Co the same person. shall Toe sufficient to
constitute such individual common seller
within the meaning of the preceding section;
and an indictment charging person rs a
common seller shall hC sustained hy proof
ha Nk,ri.s ~