The united opinion. [volume] (Bradford, Vt.) 1881-1970, 1902-11-14

tanned by the Sheriff, shall be forfeited
to the State and sold, and the net pro-
ceeds sent to the State Treasurer, and
the Sheriff shall forthwith proceed to
dispose OF the alcoholic liquors covered
by said inventory, as provided for in
this Act, as when other liquors are
seized. NO suit shall lie for damages al
legged to arise by seizure and detention
of liquors under this Act.
Sec. 36. The 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 snail any action or suit for the
recovery of the same be entertained in
any court in this State.
Sec. w ANY interference by any per-
son with, obstruction or resistance of,
or abusive language to, any officer or
person in the discharge Of the dnties
herein enJoined, or the use of abusive
language by any such officer or person
TO amy other person or persons, shall be
deemed a misdemeanor, and the person
or persons so offending shall, upon con-
Nlctlon, De punished by 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
lions OF any. of the sections of this Act
where punishment is not especially pro-
vided for, the person or persons or cor
porations so 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
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 VINE, which do not have on the pack
ages in which they are contained the
label and certificates going to show that
they have been tested by the chemist
and purchased from State officer
authorized to sell them, are hereby de-
clared contraband, and on seizure will be
forfeited to the State: Provided. That
This section shall not apply to persons
having liquor which they wish to keen
for their own use. Any persons affixing,
or causing to be affixed, to any package
containing alcoholic liquor, any imita-
tlon stamp or other printed or engraved
label or device than those furnished by
the State Liquor Commissioners shall
for each offence, be liable to a penalty
of six months imprisonment or two hun
dred dollars fine.
Sec. 80. Any person handling contra
band liquor in the night time, or deliver
ing the same, shall be guilty of a mis-
demeanor, and on conviction shall be
punished by Imprisonment for not less
than three months nor more than twelve
months, or by a fine of not less than
twenty-five dollars nor more than one
hundred dollars
Sec. 40. It shall be the duty of sheriffs,
deputy sherifts, and constables, 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. If any
such officer shall wilfully 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 forfeiture of the
Office 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
fixture of his said office.
Sec. Al. In any indictment for the sale
of intoxicating liquors, 1t shall be COM
Detent to charge a series of sales on the
same or on divers days up to the finding
of the true hill, or filing an information
or complaint, to 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 ofter PROOF
Of all and proof of any one or of all
the sales will sustain verdict; Pro-
yided Upon a trial and conviction or
acouittal no other bill of indictment will
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
yided, further, That this section shall
not be so construed as to prevent the
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 AZ, whenever in this Act It 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-
vided, That 1t shall not be necessary to
set forth the sources of information, and
the facts and grounds OF belief, in the
affidavit 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-
lished, whose duties and powers shall be
hereinafter defined. The members of
said Board shall be men of good moral
character, not addicted to the use of in
toxicating liquors as a beverage, and
shall be elected by the General Assembly
in joint session as follows: The Chair
man of the Board shall be first elected,
and then shall be elected the two remain
ing members. Inc term OF ONCE Oh the
members of said Board shall be for two
years, unless sooner removed by the Gov
ernor; they shall qualify and be COM
miSsioned in the same manner as other
State officers. 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
fed. Each member of the said Board
shall 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 more
than one hundred days in any fiscal
year The said Board shall devise such
system of bookkeeping and account
ing as it may deem advisable. The
said Board shall prescribe all rules and
regulations, not inconsistent with law,
for the government of the Central State
Store and the several State Stores, Ii
censed hotels and pharmacists in the
different 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
In this section, whose term of office shall
commence at such time as this Act be-
comes in force, and continue for two
years, or until their successors are duly
qualified.
Sec. "A. A State Liquor Superintendent
shall be elected by the General Assembly,
who shall hold his office from the time
that this Act becomes in force until his
successor shall be elected by the next
General Assembly and duly qualified, and
who shall receive an annual salary of
two thousand dollars, to be paid as now
provided by law In the case of o her
State officers. Said Superintendent sr1n
thereafter be elected by the General AS
sembly for term Of two years and shall
hold office until his successor shall be
~ n.,I1
have the right at any time to suspend or
remove the said Superintendent, with
the consent of a majority of the Board
of State Liquor Commissioners, for any
and appoint some suitable person to fill
such vacancy. In case of resignation,
death, or other disability of the Superin-
tendent, the Governor shall have the