Barre evening telegram. (Barre, Vt.) 1898-19??, 1902-11-07


legged to arise by seizure and detention
Of liquors under this Act
Sec. 80. me possession OF said Illicit
liquors Is hereby prohibited and declared
unlawful. and any obligation, or note
! Of Indebtedness. contracted IN their sale
| Is declared TO be absolutely null and
| void nor shall any action or suit for the
recovery Of the same be entertained in
| any court in this State
| Sec. 81 Any interference by any per-
! son with, obstruction or resistance of,
| or abusive language to, any officer or
! person in the discharge Of the duties
herein enioncd. or the use of abusive
language by any such officer or person
to any other person or persons, shall be
deemed a misdemeanor, and the person
or persons 50 offending shall, upon con-
viction, be punished by a fine of not less
than ten dollars, nor more than fifty
dollars. or imprisonment for a term of
not more than three months.
Sec. IS. In case of conviction of viola
tons of any OF the sections Of this Act
where punishment Is not especially pro-
vided for, the person or persons or cor
porations Sd convicted shall be punished
in the discretion of the court trying the
same. And Justices OF the Peace shall
have concurrent Jurisdiction with the
County Court in all offences under this
Act, And IN all cases prosecuted before
a Justice of the Peace both the State
and the respondent shall have a right
to appeal the same to the County Court
All alcoholic liquors, other than domes-
tic wine, which do not have on the pack
ages, In which they are contained The
label and certificates going 10 show that
they have been tested by the chemist
and purchased from State officer
authorized to sell them. are hereby de-
clared con.raband, and on seizure will be
forfeited to the State: Provided That
this section shall not apply to persons
having liquor which they wish to keep
for their own use. Any persons affixing.
or causing to be affixed, to any package
containing alcoholic liquor. any imta-
label or device than those furnished by
the State Liquor Commissioners shall.
for each offence, be liable 10 a penalty
Of six months Imprisonment or two hun
bred dollars fine.
Sec. 30. Any person handling contra.
band liquor in the night time, or deliver
ing the same, shall be guilty of mis-
demeanor, and on conviction shall be
punished by imprisonment for not less
than three months nor more than twelve
months, or by fine of not less than
twenty-five dollars nor more than one
hundred dollars.
Sec. 40 Il shall be the duty of shesiffs
deputy sheriffs. and consta bles, having
notice Of the violation of any of the pro-
visions Of this Act, to notify the States
Attorney Of the fact of such violation.
and to furnish him the name Of any wit
ness within their knowledge by whom
such violation can be proven. II any
such officer shall wifully fail to comply
with the provisions of this section, he
shall. upon conviction. be fined In a sum
not less Than twenty-five dollars nor
more than one hundred dollars, and such
conviction shall work a forfeiture of the
ONCE held by such person; and the court
before whom such conviction is had
shall, in addition to the imposition Of the
fine aforesaid. order and adjudge the for
feftura of his said office.
Sec. H. In any indictment for the sale
Of intoxicating liquors, it shall be COM
petent to charge a series Of sales on the
same or on divers days up to the finding
Of the true bill. or filing an information
or complaint. 10 one person. or to diff
ferent persons. naming one and stating
the others to be unknown. in the same
court. and the prosecuting officer shall
not be required to elect which particular
sale he will rely on. but may offer proof
OF all. and proof of any one or Of all
the sales will sustain verdict; Pro-
vfded. Upon a trial and conviction or
acquittai no other bill Of indictment will
lie for any sale occurring prior to the
finding Of said bill or filing such informa-
ton or complaint, and the punishment
shall be In such case for each Of such
offences as he is found guilty Of: Pro-
vided, further, That this section shall
prosecuting officer from giving out sew
eral bills OF indictment for several sales
In the first instance. If he thinks best
to do so.
Sec. Il. Whenever in this Act I, is pro-
vided that process shall issue upon an
affidavit based on information and belief,
the affidavit shall contain a statement
setting forth the sources Of information, |
and the facts and grounds of belief upon
which the affiant bases his belief: Pro-
vtded. That 1t shall not be necessary to
set forth the sources Of informant ton, and
a n md nj holt to- ~.
amdavit upon which a warrant of arrest |
shall issue, but it shall only be necessary |
IN case of search warrants.
Sec. 49, A Board consisting of three |
members, to be known as the State Lii
quor Commissioners, Is hereby estab- |
!ished, whose duties and powers shall be |
defined. The members of |
said Board shall be men Of good moral |
character. not addicted to the use Of in |
toxicattng liquors as beverage and |
shall be elected by the General Assembly |
IN Joint session as follows: The Chair
man OF the Board shall be first elected, |
.no then shall be elected the two remain
lng members The term Of offloe Of the |
years. unless sooner removed by the Gov
ernor: they shah qualify and be COM
mlssioned in the same manner as other
STATE omcers. In the event of vacancy On
SAID Board by death. resignation or
otherwise, such vacancy shall be filled BY
appointment by the Governor, until the
next session of the General Assembly. |
and until new commissioners are quail
ned Each member of the said Board
shali receive for his services the sum Of
ten dollars per diem and mileage al
lowed to members of the General AS
sembly: Provided. That no member of
said Board shall receive pay for mora
snan one hundred days in any fiscal
year. The said Board shall devise such
4 system Of book keeping and account
ing a. 1t may deem advisable The |
said Board shall prescribe all rules and
regulations not inconsistent with law,
Tor the government of the Central State
store and the several State Stores, H.
censed hotels and pharmacists in the
inherent TOWNS and cities. The General
Assembly shall. at the present session,
upon the approval Of this Act. elect the
members Of said Board, as provided for |