Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1902-11-14

OF the counties OF their residence. or Of
the State Superintendent direct. intOxi-
eating liquors fer the purpose Of COM
pounding medicines, tinctures. aud eN-
tracts that cannot be used as a bever-
age. There shall not be charged such
licensed druggists aid manufacturers
more than ten per cent. net profits for
liquors sold them for such PURPOSES
Such purchasers shall keep a re-ord OF
the uses 10 which the same are devoted
giving the kind and quantity so used
and quarterly they shall make aud file
with the State Liquor Commissioners
and with the County Liquor Commits
sioners sworn reports, giving a fun and
true statement OF the quantity and kinds
Of such liquors purchased and used the
uses to which the same have been de-
voted. and the parties from whom the
same were purchased, and the dates and
quantities so purchased. together with
an invoice OF each kind still In stock
and kept for such compoundings. IL said
licensed druggist or manufacturer shall
sell. barter, give away or exchange. or
in any manner dispose OF. said liquors
for any purpose other than authorized
by this Act. he shall. upon conviction,
forfeit his license. and be liable to all
penalties. prosecutions. and proceedings
at Law and In equity provided against
persons selling without authority. and
upon such conviction the Clerk OF the
Court shall. within ten days after such
judgment or order. transmit to the
Board OF Pharmaceutical Examiners the
certified record thereof upon receipt OF
which the said Board shall strike the
name OF the sad druggist from the list
OF pharmacists and revoke his certifi-
cate: Provided. That nothing herein con-
tained shall be construed to authorize
the manufacture or sale Of any prepara-
ton or compound under any name. form
or device. which may be used as a bev-
erage. which Is intoxicating in its char
acter.
Sec. 80. II any person shah make any
false or fictitious signature. or sign any
name other than his or her own TO any
paper required to be signed by this Act,
without being authorized to do so, or
make any false statement In any paper.
request or application signed to procure
liquor under this Act. the person so Of
Tending shall be guilty of misdemean-
or, and upon conviction thereof, shall
be punished by a fine Of not less than
twenty-five dollars or more than one
hundred dollars or be imprisoned not
less than thirty days.
Sec. 30. IL any State Store keeper or
his clerk shall make false oath touch
ing any matter required to be sworn to
under the provisions of this Act the
person so offending shall. upon convic-
ton. be punished as provided by law for
perjury. IL any State Store keeper shall
procure any Intoxicating liquors from
any other person than the State Liquor
Superintendent or make any false re-
turn to the State Liquor Commissioners,
or use any request for liquors for more
than one sale. In any such case he shall
be deemed guilty of a msdemeanor. and
upon conviction, be punished by a fine
OF two hundred dollars or six months
Imprisonment.
Sec. "a. Every person who shall, d.
rectly or indirectly, keep or maintain by
himself. or by associating or combining
with others, or who shall in any man.
ner aid. assist or abet In keeping or
maintaining any club room or other
place In which any intoxicating liquors
are received or kept for use barter or
sale as a beverage. or for distribution or
division among the members of any club
or association by any means whatever.
and every person who shall receive, bar
ter. sell. assist or abet another in re-
ceiving, bartering or selling any alco-
hole liquors SO received or kept, shall be
deemed guilty OF a misdemeanor. and
upon conviction thereof, shall be pun
ished as provided in Sec. % of this Act.
Sec. 81. All places where alcoholic
liquors are manufactured, kept, sold,
bartered or given away in violation OF
this Act. or where persons are permitted
| to resort for the purpose of drinking al
cohollc liquors as a beverage, or where
alcoholic liquors are kept for sale. bar
ter, or delivery in violation of this Act,
are hereby declared to be common nuis-
ances, and any person may go before
any magistrate In the county and swear
out an arrest warrant on personal
knowledge or on information and belief
charging said nuisance, giving the
names OF witnesses against the keeper
or manager of such place and his aids
and his assistants, II any. and such mag
istrate shall direct such arrest warrant
either 10 the Sheriff OF the county or to
any special constable, commanding said
defendant to be arrested and brought be-
| fore him to be dealt with according to
law. and shall issue search warrant in
which the premises In question shall be
| particularly described, commanding such
Sherln or constable 10 thoroughly search
the premises In question and to seize all
alcoholic liquors found thereon. and TO
seize all vessels, bar fixtures, screens,
bottles. glasses, and appurtenances ap-
parently used, or suitable for use in re-
failing liquors, TO make a complete in
ventory thereof, and deposit the same
with the Sheriff. Under The arrest war
rant the defendant shall be arrested and
brought before such magistrate. and the
case shall be disposed of as in other
criminal cases. Upon conviction of said
defendants of maintaining said nuisance
~ the trial, they, or any of them, shall
De deemed guilty of misdemeanor,
punishable by imprisonment in the
county jail for term OF not less than
three months. or a fine of not less than
two hundred dollars. or both, In the dis
cretlon or the court. The articles COW
cred by the inventory which were re-
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. So. 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 shall any action or suit for the
recovery OF the same be entertained in
any court In this State.
Sec. g. 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 enjoincd. or the use of abusive
language by any such officer or person
20 any other person or persons. shall be
deemed misdemeanor. and the person
| or persons so offending SHALL upon con-
viction, be punished by a fine of not less
IMAM ten dollars. nor more than fifty
dollars. or imprisonment for a term Of
not more than three months.
Sec. 49, 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 so convicted shall be punished
III 'he uiscrelion OF Nne 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 wine, 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 linunr which thau u.ish "a l.a1,>