SYNOPSIS OF THE LAW

We have taken pains to prepare a condensed exhibition of the Temperance Law recently enacted by our Legislature, giving all its provisions in a brief form, to which we invite the attention of those who will soon be called to act in reference to it. Let every one examine carefully and act understandingly.

SECTION 1.

The manufacturing, selling and furnishing of intoxicating liquors are prohibited except as provided for in the act; but the fruit of the vine may be manufactured and sod for the commemoration of the Lord's Supper. Cider, by Sect. 9, may be manufactured in any quantity, and be sold also in any quantity not less than five gallons, for medicinal, chemical, mechanical and culinary purposes.

SECTIONS 2, 3, 4 & 8.
COUNTY COMMISSIONER AND TOWN AGENTS.


1. A County Commissioner is to be chosen annually, whose duty it is to appoint one Agent in each town or city to sell liquors "to be used for medicinal, chemical and mechanical purposes only."
2. The profits of such sale to go to the town or city, and the agent to "receive such compensation for his services as the selectmen of the town, or mayor and aldermen of the city shall prescribe."
3. "No inn-keeper, or keeper of a house of public entertainment, shall be appointed such agent."
4. The agent shall give bonds with two good securities to the amount of $600, that he will conform to the provisions of the law, and to the regulation prescribed by the commissioner.
5. The commissioner may revoke the appointment of an agent when it is made to appear that such agent has violated the terms of is license; and he is bound whenever any such violation comes to his knowledge to cause the agent to be prosecuted therefor.

SECTIONS 5, 6, 7.
PENALTIES FOR THE ILLEGAE SALE.


1. For first conviction ten dollars and costs. For second conviction twenty dollars and costs. For third conviction twenty dollars and costs and imprisonment not less than three nor more than six months.
2. Justices of the Peace have concurrent jurisdiction in the County.
3. Cases may be tried on the complaint of a Grand Juror or State's Attorney.
4. For feitures may also be recovered in an action of debt, in the name of the town; and Selectmen are required to institute such action, on being informed of any transgression of the law and furnished with evidence thereof.
5. Appeals to be allowed only on the following conditions:
(a) The appellant must give a bond of one hundred dollars, with two sureties, that he will prosecute his appeal to effect, and pay all costs, fines, &c.
(b) He must also give a bond of two hundred dollars that he will not violate any of the provisions of the act during the pendency of the appeal.

SECTION 9.
MANUFACTURERS AND COMMON SELLERS.


Any person convicted of being a manufacturer or common selller of intoxicating drinks shall forfeit and pay-
For the first offence one hundred dollars and costs;
For the second offence two hundred dollars, and
For the third and every subsequent offence two hundred dollars, and be imprisoned not less than four nor more than twelve months.

SECTION 10.
ELIGIBILITY OF JURORS.


No person engaged in unlawful traffic in intoxicating liquors shall be competent to sit upon any jury, in any case arising under this act.

SECTION 11.
PRECEDENCE ON TRIAL.


Cases arising under this act shall take precedence of other trials, excepting those of criminal cases where the respondents are under arrest.

SECTIONS 12, 13, 14.
SEIZURE OF LIQUORS KEPT FOR SALE.


1. A warrant is to be given to search any place, on the oath of three voters of the town "that they have reason to believe, and do believe, that intoxicating liquor" is deposited there; and intended for sale, contrary to law.
2. If on seach such "liquor is found under circumstances warranting the belief that it is intened for sale contrary to the provisions of this act," it shall be seized, and the owner summoned to appear before a justice.
3. If the owner fail to appear, or to show satisfactorily that such liquor is not intended for sale contrary to law, or is of foreign production, and in the original packaes, such liquor is forfeited and to be destroyed, and the owner shall pay a fine of twenty dollars and costs; if in the opinion of the justice the liquor was kept for sale.
4. Custom house certificates , and marks upon casks are not to be taken as evidence that the liquor in such packages is that actually imported therein.
5. If the owner or keeper of the liquor be unknown the liquor shall be publicly advertised two weeks, after which, if not lawfully claimed, it shall be destroyed.
6. An appeal shall not be granted without a bond of two hundred dollars with two sureties, to prosecute the appeal to effect, pay fines, &c.
7. If the decision on the appeal be against him, the quantity exceed five gallons, he shall be adjuged a common seller, and incur the penalty precribed in Sec. 9, and the liquor shall be destroyed.
8. Chemists, artists and manufacturers are allowed to keep such a quantity as their business may require.

SECTION 15.
LIQUORS SOLD OR KEPT FOR SALE ON PUBLIC OCCASIONS.


1. Upon information given to the proper officer, that liquors are sold or kept in any tent, shanty, &c., at a cattle show, military muster, or other public occasion, the tent or shanty may be searched, and the liquor and leeper may be seized without warrant and carried before a justice; and on convition the former shall be destroyed , and the latter imprisioned thirty days.
2. If the person so apprehended appeal, he shall give a bond of one hundred dollars with two sureties, to prosecute his appeal to effect and pay costs and fines; and if finally convicted on the appeal, in addition to the penalty imposed by the justice he shall pay a fine of ten dollars.

SECTION 16.


Where an appellant fails to prosecute his appeal, or is voncited before the county court, the liquor originally seized is to be destroyed.
Sec. 17th related to the recognizance of witnesses.
Sec. 18th, to the form of complaints.
Sec. 19th, to the compensation of officers.
Sec. 20th, to the execution of the law in the city of Vergennes.

SECTION 21.
VALIDITY OF LIQUOR CONTRACTS.


1. All compensation for liquor sold in violation of law shall be considered as having been received without consideration and illegally.
2. No action can be maintained for the value of liquors sold contrary to law.

SECTION 22.
DRUNKARDS TO BE ARRESTED.


1. A person found so intoxicated as to disturb the...tranquility, may be apprehended and shut up till he is sober.
2. He is then to be required, before a justice, to testify and disclose the place where, and the person of whom he obtained the liquor.
3. If he refuses to testify, he is to be held in custody till he will.
4. If such testimony make it appear that the liquor was furnished contrary to the provisions of this act, the person who furnished it is to be arrested, and proceeded against accordingly.

SECTION 23.


Officers whose duty it is to enforce any of the provisions of this act, by refusing or neglecting thus to do, incur a penalty of not more than five hundred nor less than three hundred dollars.

SECTION 24.


It is the duty of Grand Jurors to inquire into and present violations of this act not otherwise prosecuted.

SECTION 25.


A State's Attorney who shall settle with or release a violater of this act, before his case is adjudicated by the court, incurs a penalty not exceeding five hundred nor less than three hundred dollars.
Sec. 26th repeals all inconsistent laws.
The remaining sections relate to the vote of the people, and provide that a vote shall be taken throughout the State on the second Turesday of February next. If the majority of the ballots to be cast at that time shall be "Yes," then this act is to go into effect on the second Tuesday of March next. But if a majority of the ballots shall be "No," the act is not to go into effect till the first Monday of December next.
Such is the new Law. Who will withhold his support from an instrument so simple, so just, and so effective, for the removal of the enormous evils of intemperance?

 

Facts and Consideration Respecting the Vermont Liquor Law.
Ordered to be published by the Vermont State Temperance Society
Rutland
January 6, 1853.

 

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