SEC. 39. All persons entitled to vote shall be protected from arrest in civil cases on the days of election for the choice of city or town officers, and the election for state officers, representatives to congress, or the electors of president and vice-president of the United States; and on the day preceding and the day following such election. SEC. 40. All fines and forfeitures provided by this act shall be to and for the use of the state, and shall, together with all other punishments herein prescribed, be enforced by indictment in the supreme court, or courts of common pleas: provided, always, that all complaints for the same shall be made within one year after such fines, forfeitures and punishments have been incurred, and not afterwards. SEC. 41. The secretary of state shall, at least ten days previous to the day of election of general officers, representatives to Congress, or electors of president and vice-president of the United States, furnish each town or ward clerk with printed forms of returns, certificates and directions, together with any advice he may deem necessary to secure proper re turns. SEC. 42. The following acts are hereby repealed: "An act in relation to the election of general officers," passed at May session, A. D., 1834. "An act revising the act entitled an act regulating the manner of admitting freemen, and directing the method of electing officers in this state," passed at January session, A. D. 1836. "An act to regulate the election of civil officers, and for other purposes therein mentioned," passed at January session, A. D. 1843; and the several acts in addition to, or in amendment thereof, and all other acts so far as inconsistent herewith provided, that this repeal shall not be construed to revive any act, or part of an act, repealed by any of the acts mentioned in this section. SEC. 43. This act shall take effect immediately after the rising of the general assembly. An Act enabling Town Councils to grant Licenses for retailing Strong Liquors, and for other purposes. 1. Town councils may grant licenses. 9. Bond required. 2. To tavern keepers, &c.; to temperance 10. Penalties how recovered. houses. 3. Penalty for keeping tavern, &c., with out license. 4. Penalty for retailing without license. 8. Licensed persons to maintain good or- 11. Indictment may be general in its terms. | 12. Debt for liquor sold under a quart not recoverable. It is enacted by the General Assembly, as follows: SECTION 1. The town councils of the several towns shall have power to regulate the retailing of ale, wines and strong liquors, and the keeping of taverns, ale houses, victualling houses, cook shops, oyster houses and oyster cellars, in their respective towns, by granting or refusing to grant licenses therefor. SEC. 2. Town councils shall and may demand for licenses to be granted under this act, the following sums, to wit: for every license for keeping a tavern, ale house, victualling cellar, cook shop, oyster house or oyster cellar, with the right of retailing therein ale, wine and strong liquors, in quantities less than ten gallons, which may be drank therein, a sum not exceeding fifty dollars, nor less than twelve dollars. For every license to retail ale, wine and strong liquors, in quantities less than ten gallons, which may be drank in the building or room licensed, a sum not exceeding fifty dollars, nor less than twelve dollars. For every license to retail ale, wine or strong liquors by the quart or a greater quantity, not exceeding ten gallons, not to be drank in the building or room licensed, a sum not exceeding twenty-five dollars, nor less than ten dollars. For every license for retailing ale, wine and strong liquors, for medical purposes only, and not to be taken in the building or room licensed, a sum not exceeding twenty-five dollars. Licenses for keeping taverns, victualling houses, cook shops, oyster houses and oyster cellars, without the privilege of selling ale, wine or strong liquors therein, may be granted without compensation therefor, bond being taken as provided in the ninth section. SEC. 3. If any person in any town shall open or keep open any tavern, ale house, victualling house, cook shop, oyster house or oyster cellar, without license first had and obtained from the town council of such town or in any place other than that specified in such license, such person shall forfeit and pay the sum of fifty dollars for every offence. SEC. 4. If any person shall sell, or suffer to be sold by any person in any town, any ale, wine or strong liquor by retail in any less quantity than ten gallons, all liquors so sold, to be delivered at one time, without license first had and obtained from the town council of such town, or in any building other than that specified in his license, unless as an agent or servant of a person, and in a building duly licensed, he shall forfeit and pay the sum of fifty dollars for every offence; nor shall any person be excused as the agent or servant of another, unless that other be usually present in said licensed building, superintending the business transacted therein. SEC. 5. If any person licensed or not licensed shall sell or suffer to be sold, in any place licensed or not licensed, any ale, wine or strong liquor, either by a dumb waiter, revolving stand, slide or drawer, or by any other secret way, so that the buyer or seller may not be distinctly and plainly seen, the owner of such place shall forfeit the sum of fifty dollars. SEC. 6. If any person shall sell or cause to be sold any ale, wine or strong liquor in less quantity than ten gallons, to be drank at the place of sale, from on board of any vessel, boat, scow or raft lying in the harbor of Providence, or in any of the public waters of Providence cove, or of Providence and Seekonk river, as far north as Pawtucket bridge, or in any of the waters of Narragansett bay, north of a line drawn from the mouth of Pawtuxet river, to the northernmost part of the town of Earrington, or from or upon any stage, platform, wharf or bridge erected or floating upon any of the waters aforesaid, he shall forfeit and pay the sum of fifty dollars for every offence, to and for the use of the state. SEC. 7. Every license granted in pursuance of this act, shall specify the person licensed, the business licensed and the building or room in which he shall pursue the same, and shall continue and be in force until the Thursday next following the first Wednesday in April, unless revoked for cause as is herein after provided. No license shall be granted for the sale of ale, wine or strong liquors in any tent, stand, or in any wagon, or other vehicle, or in any jail, asylum or workhouse, or in any street, highway or common. SEC. 8. Every licensed person shall maintain good order in the building licensed, shall not sell, or suffer to be sold, any ale, wine or strong liquor in said licensed building on Sunday, nor by retail in any place, at any time, to any habitual drunkard or person intoxicated, nor suffer any person in said licensed building to become intoxicated, nor shall he under any circumstances take in pawn or pledge any article whatever; neither shall he suffer said licensed building to become frequented by any common drunkard, or person addicted to the intemperate use of ale, wine or strong liquors, or by any person who is a disturber of the peace, or who is wasting his property or earnings and means of supporting himself and family, or by any person under lawful age: nor shall he suffer or permit any person to play at any game of chance or skill for ale, wine or strong liquor, money, or other valuable consideration, within any of his possessions. Any violation of either of the provisions of this section shall be punished by a fine of fifty dollars. SEC. 9. Every person licensed according to the provisions of this act shall give bond in the sum of one hundred dollars, to the town in which said license shall be granted, with surety satisfactory to the town council of such town, conditioned to comply with the terms of his license and with this act. SEC. 10. Penalties imposed by this act may be recovered by indictment in the county where incurred; and shall enure one half thereof to and for the use of the town in which the offence shall have been committed, and the other half to and for the use of the state, except as provided in the sixth section. SEC. 11. In any prosecution for a breach of the third, or fourth, or fifth, or sixth section of this act, it shall not be necessary to set forth the kind or quantity of ale, wine or strong liquors sold, or the time of sale; but proof of any sale of ale, wine or other strong liquor, made or suffered within the times mentioned therein, by the person complained of, contrary to any provision in either of those sections, shall be sufficient to convict such respondent. SEC. 12. No debt contracted for alc, wine or strong liquor sold in any quantity less than one quart, shall be recoverable in any court; and whenever any action shall be brought for any such debt, in whatever form it may be presented, or upon any security given for such debt, the defendant shall be a competent witness to testify therein, and the plaintiff likewise; and if upon the whole evidence produced, it shall appear that any part of said debt arose from the purchase of ale, wine or strong liquor, in quantities less than one quart, the defendant shall have judgment and execution for his costs, and the plaintiff shall have judgment and execution for the part of his debt not so contracted; but if it shall appear that the whole debt arose from such purchase, then the defendant shall have judgment and execution for his costs. SEC. 13. In case any person licensed according to the provisions of this act shall be convicted of keeping a disorderly house, or in case judgment shall be rendered against any such person in a suit on his bond, the town council shall forthwith withdraw and annul his said license; and he shall not be licensed during the two years next following his conviction. SEC. 14. The town clerk of every town is hereby required, annually, within thirty days next preceding the first Tuesday in May, to make return to the general treasurer of the number of licenses granted under this act by the town council of the town of which he is clerk, and of the amount of money demanded and paid therefor, by the persons so licensed; any town clerk neglecting to make said return shall forfeit and pay the sum of twenty dollars for every offence; to be recovered by action of debt by the general treasurer, before any justice of the peace in the county where such neglect shall take place. SEC. 15. Every town council shall pay one half of the money received by virtue of this act to the town treasurer of the town, and the other half, after deducting therefrom two and one-half per cent. for their services in receiving and paying over the same, they shall pay to the general treasurer for the use of the state. The payment to the general treasurer shall be once a year, within the thirty days next preceding the first Tuesday in May. SEC. 16. It shall be the duty of the town councils of every town, on the Monday next following the annual election of town officers in their respective towns, to designate some officer of the town whose duty it shall be diligently to inquire into all breaches of this act, and forthwith to prosecute for the same. |