Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-11-20

/ or received any information tending to
SHOW violations of the provisions of this
act by licenscc, or of sales or furnish
ing OF Intoxicating liquor by unlicensed
persons.
Sec. f6. A constable police officer. sher-
IN or deputy sheriff shall report forth
with to the board any such violation or
unlicensed selling or furnishing he at any
/ time observes or has brought to his at
tention.
Sec. T. Any citizen who personally OBJ
serves violation of the provisions of this
| oct by licensec, or has good reason to
believe and does believe that unlicensed
traflic In intoxicating liquors Is being
carried on in any place or in any manner
| rlay make complaint TO the board at any
time.
Sec. 4S. Upon receipt Of information or
complaint as provided in the two preccd-
Ing sections the board shall Immediately
| investigate and ascertain II the complaint
is well grounded. IF probable cause Is
| found for proceeding against licensee
! for violation of any of the conditions
| or his license, or of the regulations pre-
scrlbed in this act, the board shall issue
a summons to the licensee to appear and
show cause why his license should not be
revoked.
Sec. ~. The summons shall be served
on the licensee by delivering to him a
true and attested copy thereof with the
| ottcers return thereon. or by leaving such
copy at the licensed premises with the
person I'm charge thereof: but II there be
no such person tho officer shall lodge the
! cory at the house of the then usual
abode of the licensee: and the manner of
| such service shall be particularly stated
| in the return made by the officer to the
board.
! Sec. ~ The summons shall specify the
| offence charged, with as much certainty
hs to time and character as the board is
able &c alleEe.
Sec. 81 a hearing on such complaint
shall be had within three days of the date
| of the summons, and the three commits
! sioners shall sit In such hearing. unless
| member be incapactated by reason of
sickness.
Sec. .? The board shall issue subpoenas
for witnesses named by the complaint at
the usual fees for witnesses in q justice
trial. and shall have the same power to
compel testimony that justice has.
Sec. So. n lccnsee fails to appear at
the hearing, II shall proceed In his alb
| sence.
Sec. 81 II upon such hearing the board
inds the charge established and the Of
fcnre is of such gravity that the license
is declared forfeited, the board shall
thereupon bring the matter to the atten-
ton Of n town grand juror or States Mt
torney who shall prose cute the offender
before court of competent jurisdiction.
work a forfeiture of the license but is
Of such nature as to cah FOR some penalty,
in the judgment Of the board it shall
'ring the matter to the attention of a
town grand Juror or States attorney who
snail institute prosecution II In the judg-
mcnt of such prosecuting officer the evil
dence adduced is sufficient to warrant a
conviction
Sec. IS. When a board declares license
forfeited the licensee may appeal 10 the
county court. on proper recognizance for
costs, but the license shall remain void
pending the appeal
PROSECUTION FOR UNLICENSED
SELLING
Sec. 81 If the information or complaint
referred to in sections A., 4G and AZ be in
regard to the furnishing. selling. or keep
ing for sale Of Intoxicating liquor by an
unlicensed person. the board. through one
Of its members shall institute prosecution
for such violation of the law: and for the
purpose of the provision of this section
each license commissioner shall have the
same power to make presentment as a
town grand Juror has.
See" 81. II board deems 1t necessary
to procure evidence Of such unlicensed
selling or keeping for sale. a warrant
may he issued by the board for the search
Of the suspected premises and the seizure
of Intoxicating liquors found thereon: but
no search warrant shall be issued unless
the Information, or complaint to the
board bo made in writing and upon oath
to the board affording it sufficient founda-
ton to issue such warrant.
Sec So If the suspected premises he a
dwelling house q search warrant shall not
he issued unless the complaint he made
} dpon tho affidavit of two reputable citi-
IONS and the unanimous action of the
board thereon.
Sec CO. When search is made If intoxi-
eating liquor is found on the premises
under circumstanc warranting the he
lief that It is intended for sale, or dis
trihuion contrary to law it shall be seized
and delivered to the custody of the board
or a member thereof who shall hold pos
session ofsuch liquor pending proceedings
and the board or member thereof shall
cause presentmcnt to be made by a towr
grand Juror or states attorney to a court
Of competent jurisdiction. If there be q
conviction had such court shall order tn,
liquor so seized to be destroyed,
Soc. 81. If complaint is made in writing
md under oath to a justice. by an Of.
f1cer or private citizen that he has Reason
to believe and docs believe that intoxi
eating liquor is kept or deposited in O
dwelling house, store, shop. steamboat OF
water craft or any kind depot, railway
car or land carriage of any kind. ware
house or other building, for sale or dis
shall irsuc warrant to search the prem
ises described In such complaint, and il
Intoxicating liquor is found thereon under
circumstances warranting the belief thai
il is intended for sale or distribution con
trarY 10 law, the officer shall seize ant
convey the same to Some place of secur
ity and keep il until final action is ha6
thereon. Provided, that If the premises
| ne an occupied dwelling house. n search
. warrant shall not issue unless the CON
plant is sworn to by two reputable citi
lens
Sec. 60 Tho receipt for or record OF The
payment of the United States special ta>
rs liquor seller shall bc prima facit
; evidence that the person named therein
Keeps for sale and sells intoxicating H.
, duors.
ADULTERATIONS.
Sec. GO. If a person who has reason t.
believe that a licensee is selling ntoXicat
ing liquors that are adulteratod or ar,
not Of good standard quality, calls th'
attention of the board thereto, the boarc
, shall in writing, authorize some person
Other than a member thereof, to procur,
a sample or samples of liquor for analysis
, And n board may Of Its own motion a
any time so cause to be procured sample!
Of liquor for analysis.
Sec. Gi. The person so authorized shall
procure samples from the iicensee and af
ter receiving the same shall deliver 4
} him the written order to procure such
samples. and the vessel or vessels con
tanning the same shall be sealed before
they are taken from the premies of the