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taken away at one time; and all sales of such beer, in less quantities than five gallons, or of such wine or cider, in less quantity than one gallon, to be drunk or used on the premises, shall be an unlawful sale.

It is not unlawful to sell liquors that are of foreign production, and which have been imported under the laws of the United States, and in accordance therewith, and contained in the original packages in which they were imported, and in quantities not less than the laws of the United States prescribe.

All payments for liquors sold in violation of law may be recovered back, by the person paying the same, his wife or any of his children, or his parent, guardian, husband, or employer; and all sales, notes, securities, or the like, made or given where the consideration thereof, either in whole or in part, shall have been the sale or agreement to sell, liquor, contrary to law, shall be void, against all persons, and in all cases, except only as against the holders of negotiable securities, or the purchasers of property who may have paid therefor a fair price, and received the same upon a valuable and fair consideration, without notice or knowlecge of such illegal consideration.

Where a person, by reason of intoxication, inflicts an injury upon the person or property of another, the injured party may recover his damages against the person furnishing the liquor that may have caused or contributed to the intoxication of such intoxicated person. And the owner or lessee of buildings having knowledge that intoxicating liquors are to be sold therein at retail as a beverage, are equally liable with the seller for damages resulting from such sales.

The giving away of intoxicating liquors, or any other shift or device, with intent to evade the law, shall be deemed an unlawful selling, and every person who, as clerk, agent or

servant of another, shall sell any such liquor, shall be deemed equally guilty as his principal.

If any person shall knowingly solicit or encourage any person, who has previously used intoxicating drinks habitually or injuriously, to use as a beverage any such liquors, or if he shall voluntarily, directly, or indirectly, give any such liquors, or cause the same to be given to such person, or shall, with the intention of having such person drink or use them, place any such liquors, or cause or procure the same to be placed where such person may obtain them, to be used as a beverage, such person so offending shall be subject to the penalties and forfeitures provided against selling such liquors.

The statute provides that persons found intoxicated may be compelled to appear before a Justice of the Peace, and disclose where and of whom he procured the liquors.

It is also provided that any person found drunk in a public place, may be fined five dollars.

The keeping or selling of liquors contrary to law, subjects the offender to a penalty of twenty-five dollars and costs; for the second offense, fifty dollars and costs; and for each subsequent offense, a fine of one hundred dollars and imprisonment in the county jail, not less than three nor more than six months.

It is provided that common sellers and manufacturers of liquors in violation of law, shall, on each conviction, forfeit and pay double the amount specified in the last preceding section, with costs of suit or prosecution; and that for the third, or any subsequent conviction, shall, in addition to the forfeiture, be imprisoned for six months.

The law prohibits the employment of persons upon railroads who use intoxicating drinks as a beverage, under a penalty of twenty-five dollars, where the officers of the com

pany know that such employee uses such liquors as a beverage.

If any person shall bring into any jail any intoxicating liquors for sale or for the use of any prisoner, unless the same shall be certified to be absolutely necessary for the health of such prisoner, or if any officer or person employed in or about such jail shall knowingly permit any spirituous liquor to be sold or used in jail, contrary to law, such officer or person shall be subject to imprisonment not exceeding one year, or a fine not exceeding two hundred and fifty dollars, or both, in the discretion of the Court.

Questions-State what grade of alcohol may be lawfully manufactured. What is said as to the sale of liquors by druggists? What is said of the sale of alcohol by manufacturers? What is said of the manufacture of cider, wine and beer? What is said of the sale of these articles? What is said of liquors of foreign production? By whom may moneys paid out for liquors, in violation of law, be recovered? What of securities given · for liquors? Who are liable for injuries inflicted by reason of intoxication? What is deemed equivalent to an unlawful sale of liquors? What is said of soliciting certain persons to use liquor as a beverage? What provision is made for procuring testimony as to where any intoxicated person procured his liquor? What is the penalty for being intoxicated in a public place? What is the penalty for keeping or selling intoxicating liquors contrary to law? What is the punishment for being a common seller or manufacturer of liquors contrary to law? What is the law in regard to the employment of persons addicted to the use of intoxicating drinks, by railroad companies? What is said of the sale of intoxicating drinks in jails ?

CHAPTER LI.

OF

CRIMES AND

MISDEMEANORS-TREASON-MURDER-DU

ELS-MANSLAUGHTER- MAIMING-ROBBERY-MALICIOUS
THREATS-MARRIAGE UNDER DURESS OR BY FORCE-UN-
LAWFUL IMPRISONMENT-KIDNAPPING.

Persons accused of crime have the right to counsel and witnesses in open Court.

An acquittal, on a trial of the facts, is a bar to further prosecutions for the same offence.

Treason against the State, that is, levying war against it, or adhering to its enemies, giving them aid and comfort, is the highest crime known to our laws, and is punishable by death.

Murder in the first degree, that is, the deliberate and premeditated killing of a human being without cause, or the killing of a person while attempting to perpetrate any crime, rape, robbery, or burglary, subjects the offender to imprisonment for life in the State Prison. Murder in the second degree, that is, where the act of killing is done intentionally but without that premeditation and deliberation which distinguish murder in the first degree, is punishable by imprisonment in the State Prison for life, or any number of years, in the discretion of the Court.

Fighting a duel, if death ensue, is murder in the first degree. Fighting a duel, although neither party be killed, or offering to fight one, subjects the offender to imprisonment in the State Prison not exceeding ten years, or by fine not exceeding one thousand dollars and imprisonment in the County jail not more than three years, and deprives the offender of

the right to hold any office under the laws of this State. The penalties of the law against dueling apply to seconds as well as principals. Indeed, all who in any way encourage the fighting of a duel are subject to heavy penalties.

The crime of manslaughter, which consists in the killing of a human being, while under the influence of sudden provocation, or from heating of the blood, or stirring the passions to such an extent as to exclude the idea of malice, is punishable by imprisonment in the State Prison, not more than fifteen years, or by fine not exceeding one thousand dollars.

Maiming or disfiguring, or attempting to maim or disfigure another, with malicious intent, or aiding in the commission of the offence, is punishable by imprisonment in the State Prison, not more than ten years, or by fine not exceeding one thousand dollars, or both. at the discretion of the Court.

If a person robs another, such robber being armed with a dangerous weapon, with intent, if resisted, to kill or maim the person robbed. or if, being so armed, he shall wound or strike the person robbed, he shall be punished in the State Prison for life, or any number of years. If the robber be not armed, the punishment cannot exceed fifteen years imprisonment.

If any person shall maliciously threaten to accuse another of any crime or offence, or to injure the person or property of another, with intent thereby to extort money or any pecuniary advantage, or with intent to compel the person so threatened to do any act against his will, he shall be punished by imprisonment in the State Prison, or in the County Jail, not exceeding two years, or by fine not exceeding one thousand dollars.

If any person shall take any woman unlawfully and against her will, and by force, menace or duress, compel her to marry him or any other person, he shall be punished by

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