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.
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.
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.
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.
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.
No person engaged in unlawful traffic in intoxicating liquors
shall be competent to sit upon any jury, in any case arising under
this act.
Cases arising under this act shall take precedence of other trials,
excepting those of criminal cases where the respondents are under
arrest.
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.
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.
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.
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.
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.
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.
It is the duty of Grand Jurors to inquire into and present violations
of this act not otherwise prosecuted.
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.