Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1896-01-17
SOME LAW POINTS
From the New Hampshire and
Vermont Statutes


Vermont Statutes
To which the BrattIeborO village Bal
lifts Call Public AttentiOn---the Pro-
lection which They Afford Against the
Work OF Beer and Rum Sellers.
The village bailiffs request the publca-
ton for the information of the public of the
following extracts from the liquor laws CT
New Hampshire and Vermont:
From the New Hampshire statutes.l
Section 81 of chapter 1l2, The Public
Statutes of New Hampshire, provides:
The husband, wife, parent, child, brother,
sister, or other near relative, guardian, or
employer of any person who has the habit
of drinking spirituous liquor to excess, may
give notice in writing, by him or her
signed, to any person not to furnish spirit
uous liquor to the person who has such
habit; and if the person so notified shall
furnish any spirituous liquor, for cousid-
Grafton or otherwise, to the person who
has such habit, within one year after such
notice, the person giving the notice may
recover of the person so notified, in an ac-
ton on the case, not less than $50 nor more
than $500, which may be assessed by the
jury as damages. ANY married woman
may bring such action in her own name,
and recover the damages to her own use.
Section 80 provides: Whenever any per-
son in a state of intoxication shall commit
an injury to the person or property of an
other, the person who, by himself, his
clerk, or servant, shall have unlawfully
sold or furnished any part of the liquor
causing the intoxcation shall be liable to
the party injured for all damage so occa-
l.tx
case, and the person committing the injury
may be joined in the same action. In case
of the death or disability of any person,
either from the injury received as herein
specified, or in consequence of intoxication
from the use of liquor unlawfully furnished,
any person who shall be in any manner
dependent on such injured person for
means of support, or on whom such in
jured person may be dependent, may re-
cover from the person unlawfully selling or
furnishing such liquor, all damage or loss
sustained in consequence of the injury, to
| be recovered in an action on the case. Any
married woman may bring such action in
her own name, and recover such damages
| to her own use.
From tine Vermont Statutes
Section 1907. When pers on, by reason
|
| jury to the person or property of another,
the person who by himself, clerk, agent or
servant, unlawfully sold or furnished any
part of the liquor causing such intoxica-
ton, shall be liable to the party injured
for the damage occasioned thereby, in the
same form of action as such intoxicated
person; and both parties may be joined in
| the same action. In case of the death or
| disability of a person, either from such in
| jury or in consequence of intoxication
from the use of liquors so unlawfully
furnished, party who is in any manner
dependent upon the injured party for
means of support, or person upon whom
such injured person is dependent, may re-
cover from the person unlawfully selling
or furnishing any of such liquor the dam
age or loss sustained in consequence of
such injury.
| Section 45OS. If person is confined in
| jail, the house of correction, or state pris-
on, by reason of intoxication or any Grim
inal act committed while intoxicated. the
wife of such person in her own name, and
in case such person has no wife, his minor
child or children, may, in an action found
ed on this statute, recover of the person
who, by himself, clerk, agent or servant,
unlawfully sold, furnished or gave away to
such person any part of the intoxicating
| liquor upon which he became intoxicated,
two dollars per day for all the time such
| person may be thus confined, to be recov-
cred at the end of such confinement, or at
the end of each and any month thereof
with double costs.
Section 1909. If said Intoxicating liquor
was so sold, furnished, or given to such
person in rented building, and the owner
of such building, or his agent in charge
hon sNN l. 4
intoxicating liquor was sold or kept for
sale by his tenant in said building contra
ry TO law, said owner may be Joined as de-
PENDANT in such action, and iudgmen
therein may be rendered jointly against
them.
The bailiffs believe it is not generally
known that provisions like the above ey-
ist in the laws of the two states. Under
them the family or dependents of any per-
son addicted to intoxicants may forbid the
sale of liquor to him, and if such sale then
continues damages may be collected. If |
made use of they furnish a very effective |
means of defence against the sale of intox- |
icants to persons whose families suffer in |
consequence. The provisions of the New |
Hampshire law may be used against the |
breweries, or any similar place located |
across the line in New Hampshire.
The bailiffs wish it to be said, further |
than this, that they will render all the |
moral assistance in their power in the case |
OF any wife, parent, or other relative or de- |
pendent who has occasion to proceed |
against any saloon-keeper or liquor-dealer
under these provisions in either state. |
The bailiffs will also instruct the village |
police to render all possible assistance in
any such case.
If there should be few prosecutions |
under these laws the effect would be decid- |
eddy healthy. Section 1909 of the Vermont |
law, 1t will be noticed, makes the owner of
real estate equally responsible with his
tenant.
THE NATIONAL BANKS.