The Barre daily times. (Barre, Vt.) 1897-1959, 1904-12-31

except that the provisions OF this section
shall not apply to the fourth or nth
class license
Sec. 100. Any surety for license I'M
der the provisions OF this act may be
released BY giving notice to the Il
censee and to the board. who shall give
a hearing II by either party desired, or
* In the Judgment OF the board there
Is any coed reason for such hearing.
The decision OF the board shall be nnai,
and. If such release is granted. such
surety shall not be liable for any penalty
or forfeiture for oRenses thereafter COM
mitted; but the bond shall remain in
full force against him for any penalty
ana forfeiture for ofrenses committed
previous to his said release and
for civil damages previously accruing
as hereinbefore specified. provided that
prosecutions for such offenses and suits
for such damages shall be begun within
one year from the commission OF the act
upon which such prosecution or suit is
based. II surety is released from la
binty on the bond, the ncensee shall
furnish a surety In his place under the
the same terms and requirements as pro-
vided for In regard to the original surety.
II within a week the licensee fails to
get such new surety. his license shall
be revoked but there shall be refunded
to him from the town proportionate
part for the unsxpirea term Of the IL
cense fee paid BY him.
Sec. 1oi. When person is found In
such state OF intoxication as to disturb
the public or domestic peace and tran
guilty. a sheriff, deputy sheriff. high
BALM. or justice Of the county, or con-
stable. town grand suror or selectman OF
the town IN which such person Is so
found. shall apprehend the person SO IN
toxicated. end may do 50 without war;
rant, and de1ain him in custody. at the
expense Of the state. IN any place within
the county. in the discretion Of such Of
ncer. untn, in his opinion. thu person SO
detained is capable Of testifying properly
in court. and he shall then bring hin
before some Justice OF the county or a
city municipal or county court
Sec. lo2. The OFFICER. Immediately after
the arrest. shall give notice thereof to 3
grand Juror OF the town or city IN which
such intoxicated person is 50 found. OF
the states attorney OF the county. and
such grand juror or states attorney shall
prosecute ouch intoxicated person.
Sec. los. III person Is found intoxicat-
ed. he shall. on the first conviction there
OF. pay fine Of five dollars with costs
OF prosecution. with an alternative sen.
tence OF Imprisonment In the county 3ai
for not less than ten nor more thar
twenty days. and for each subsequent
conviction he shall be fined fifteen dol
liars, with costs Of prosecution. or b
imprisoned in the house Of correction FOL
a term Of thirty days, or both. 4 persor
who has been convicted Of third offenss
shall for the purposes Of this act b.
deemed an habitual drunkard. Justice:
OF the peace. and municipal ana cit,
courts. shall have concurrent Jurisdiction
with the county court OF ofenses arising
under this section.
Sec. 1N. when minor, pauper. insan,
person. habituaI drunkard, or any per
son to whom 1t is unlawful for license,
to sell Intoxicating liquor, is convicted o.
the crime OF being found intoxicated. h,
shall be detained by the court in which
he was convicted. and shall, on oath
before such court. at the time of sicf
conviction or as soon thereafter as MAJ
be, disclose the place where and the per
son OF whom the liquor producing such
intoxication was obtained. and the cir
cumstances attending It, and II he does
not 50 disclose, he shall be committed t
the jail Of the county at the expense d
the state until he so discloses. or is ais
charged by the court.
Sec los. If person. mentioned in TIL
last preceding section. IS convicted OF thl
crime OF being found intoxicated ant
takes an appeal therefron. ana subse
quently pays the fine imposed. or fail
TO enter his appeal n the appellate court
the Justice or municipal Judge shall issu
his warrant TO apprehend the body o
such person. and to bring him befor
such justice or Judge, to make disclosur
as provided In the preceding section.
Sec 1O6 II the court ad5udeea. from
the evidence. that the sale or furnishing
OF said liquor was a violation Of any .
the provisions Of this act. such oour
shall forthwith Issue warrant and caus
the person. 50 selling or furnishing sai'
liquor, to be brought forthwith before II
and the grand juror Of the town or city
or the states attorney Of the county shat
appear and prosecute said cause in th
same manner as If he had been complain
, ant therein. and shall attend at the talk
Ing or such disclosure
SEQ. 1cT. Complaints for selling or fur
nishing intoxicating liquor shall be sub
, stantIally in the following forms
STATE or VERMONT. --- County
IS. To A. B., Justice Of the peace within
E and for the county Of ......... comes c. D.
: grand juror Of tAe town Of ......... in sal
. county. and complains that q. f., of.....,
on the.....day Of 1894. D,....,.. did a