State of Rhode Island, &c. SECRETARY OF STATE'S OFFICE, MARCH, 1863. PROVIDENCE: ALFRED ANTHONY, STATE PRINTER, 15 MARKET SQUARE, ACTS AND RESOLVES PASSED AT THE JANUARY SESSION, 1863. [The Chapters are numbered continuously from the Revised Statutes.] CHAPTER 444. [Passed March 13, 1863.] AN ACT TO REGULATE AND RESTRAIN SALES OF INTOXICA. It is enacted by the General Assembly as follows: SECTION 1. No person shall hereafter sell within this sales forbidState, any ale, wine, rum, or other strong or malt liquors, den unless or any mixed liquors, a part of which is ale, wine, rum, or other strong or malt liquor, unless he be a resident of the town in which the sale is made, and shall have complied with all the conditions hereinafter specified, viz.: He shall on some day preceding such sale, and within a year of such sale, have filed in the town clerk's office of said town, a notice of his intention to sell the aforesaid liquors or any of them, and specifying whether he intends to sell in quantities less than three gallons, or without restriction as to quantity, and he shall, at the time of filing such notice, pay into the town treasury, if he desires to sell in less quantities than three gallons, the sum of fifty dollars; and if without restriction as to quantity, the sum of one hundred dollars; of which Payment. Bond. Conditions of bond. sums one quarter shall be for the use of the town, and the remainder shall be paid into the State treasury; he shall also have filed in the town clerk's office of the town, a bond, executed to the town council, in the sum of two hundred dollars, with two or more sureties, to be approv ed of by said council, or in case of their refusal to ap prove or neglect to act thereon, then by the Supreme Court or Court of Common Pleas, or by a judge there of, at any time in any county, and which approval, shall be had before any sale is made under this act; conditioned to maintain good order in his house and possessions, not to sell or suffer to be sold in his house or on his possessions, any of the aforesaid liquors or drinks on Sunday; that he will not sell or permit the same to be sold to minors, or to any person in a state of intoxication, or to an habitual drunkard, knowing him to be such; or knowingly to any person advertised by any town council as an habitual drunkard, or to whom he has been forbidden by any town council to sell; that he will not, knowingly, sell or permit to be sold, any of the aforenamed liquors or drinks to any member of the Narragansett Indian tribe, knowing him to be such; or to any minor after he shall have been forbidden to sell to such minor by his parents or guar dian, or either of them; or to any person under guardianship, after he has been forbidden by such person's guardian; and will not knowingly suffer any person to become intoxicated in his house or on his premises. And it shall not be lawful for any person to sell in greater quantities than that expressed in his notice of intention aforesaid, or in more than one place in said town. And the town clerk shall keep posted up in Names to be some conspicuous place in his office the names of all persons who have complied with these provisions, with the dates of their compliance. posted up. Penalties. SEC. 2. Any person having complied with the provisions of the first section, who shall sell, or who shall on his possessions suffer to be sold any of said liquors, in any quantity greater than those specified in his notice of intention to sell, or contrary to the terms of his bond, or of this act, shall forfeit and pay for every such offence, the sum of twenty dollars, to be recovered by indictment or by complaint before any justice of the peace. And if any person sentenced to pay a fine or costs under this act shall not pay the same, the town clerk shall deliver his bond to the attorney general, for suit; and judgment shall be rendered and execution issue for double the amount of fine and costs, together with the costs. of suit on the bond. And on such sentence, and, also, whenever it shall, after reasonable notice to such person, be proved to the satisfaction of the town council of the town, that he has violated the pro-ils may envisions of this act or of his bond, such person's right quire. to sell shall cease, and he shall not be authorized to sell again until he shall anew have complied with the provisions of said first section. SEC. 3. Any giving away of any of said liquors, taking pay for admission to any room, or taking pay for some article with an intent to avoid the penalties of the law, shall be deemed a sale within the meaning of this act; and knowingly selling to any person for the use of any other person to whom it is not lawful to sell, shall be deemed a sale to such latter person within the meaning of this act. Town coun SEC. 4. If any person not having complied with the Secret sales. aforesaid conditions, shall sell any of said liquors or drinks, in any secret and clandestine way, either by a dumb-waiter, revolving-stand, slide or drawer, or any other secret way, then the owner of any house, store or other building, in which the same may be done, shall be deemed and taken to be the of fender, and be liable to the penalty aforesaid; provided, such owner shall not be liable until ten days after the town council have caused personal notice to be given him that he is so liable, and shall be liable only in case he refuses on demand to give the name of the person or persons offending. SEC. 5. In any prosecution under this act, it shall Form of be sufficient to set forth, that the person charged, lid, complaints contrary to some provision of this act, (specifying the provision,) on or between certain days, sell any of the aforesaid liquors or drinks, without naming the persons to whom sold, or the kind or quantity thereof, or Burden of the precise time thereof; and the burden of proof shall proof. be on the person complained of, to show that he has filed the notice of intention and bond, and made the payment |