Fines, how to enure;

SEC. 30. All fines recovered under the twenty-fifth, twenty-sixth, twenty-seventh, twenty-eighth, and twenty-ninth sections of this chapter, shall enure, one half to the use of the state, and the other half to complaints for, the complainant; and in all such complaints, judgment rendered upon a subsequent complaint, for the same offence, shall be no bar, or prevent judgment upon the merits being rendered on any prior complaint, and the pendency of the former complaint may be pleaded in bar of the second complaint.

how barred.

Appeal from justice court.

Recognizance to be given on appeal, and how certified.

Of neglect to give recogni

zance.

Witnesses, when to give recognizance upon appeal.

Penalty upon manufacturer or common

seller of liquor.

Common seller defined.

SEC. 31. Any person convicted before a justice court of any offence under the sections just mentioned may appeal from the sentence of the justice court to the court of common pleas, next to be holden in the same county, after ten days: Provided, such appeal be prayed at the time of passing sentence.

SEC. 32. Upon such prayer of appeal the appellant shall be required to give recognizance, in the sum of one hundred dollars, with good and sufficient sureties, in every case so appealed, with condition that he will file his reasons of appeal, together with a copy of the whole case, in the court appealed to, on or before the second day of the term thereof, that he will appear before said court, and there prosecute his appeal with effect, and abide or perform the order or sentence of said court in said case, and that he will not, during the pendency of such appeal, violate any of the provisions of this chapter; which recognizance such justice court shall forthwith certify to said court of common pleas, and such appellant shall also be required at the time of taking such appeal to pay to the justice court all costs of his prosecution and conviction, to be taxed by such justice court, including therein three dollars as the complainant's counsel fee, which fee it shall be the duty of such justice court to pay over to the complainant upon final conviction of the defendant, or, in case of his acquittal in the appellate court, to return to the person acquitted.

SEC. 33. Upon neglect of the appellant to give such recognizance, or, when required as aforesaid, to pay costs, he shall forthwith be committed to the jail in the same county, there to remain until he give such recognizance, and pay such costs, or be discharged by order of law.

SEC. 34. In case of such appeal, the justice court shall, upon motion either of the complainant or defendant, require any witness sworn to enter into recognizance, in the sum of fifty dollars, with condition, that he will appear at the appellate court, to testify in the trial of the appeal, whenever said appeal shall be called for trial.

SEC. 35. Every person who shall, contrary to the provisions of this chapter, manufacture any ale, wine, rum, or other strong or malt or mixed liquors, or become a common seller thereof, shall, upon his first conviction, be fined one hundred dollars and costs of prosecution, and in default of the payment thereof, be imprisoned sixty days in the jail of the county in which the offence was committed: and on the second, and on every subsequent conviction, shall be fined two hundred dollars and costs of prosecution and conviction, and shall be imprisoned four months in said county jail: said fines when recovered to enure, one half to the use of the town in which the offence shall have been committed, and the other half to the use of the state.

SEC. 36. Three several sales of ale, wine, rum, or other strong or malt liquors, or mixed liquors as aforesaid, made or suffered to be made by an individual, either to different persons or to the same person, shall be sufficient to constitute such individual a common seller within the meaning of the next preceding section; and an indictment charging a person as a common seller shall be held to be fully sus

tained by proof that he has been twice convicted of a violation of the twenty-fifth section of this chapter, and proof that he has again violated it within six months next succeeding his last conviction. SEC. 37. Nothing herein before contained shall be construed to Cider, &c., prohibit the manufacture of cider, or the sale thereof in quanti- manufactured ties not less than one gallon, or the manufacture of wine or malt liquors for domestic use, or of alcohol for exportation and sale out of the state, or to be sold to or through, and only to or through, the agents of towns or cities, appointed conformably to the provisions of this chapter.

SEC. 38. Nothing contained in this chapter shall be construed to apply to the domestic manufacture of wine from currants or of grapes grown within this state, or of the sale thereof in quantities not less than one gallon.

SEC. 39. Every railroad company, which shall allow liquors which have been or are intended to be sold within this state, contrary to law, to be transported over any portion of its road, shall be fined fifty dollars; the indictment to be found, tried, and proceeded with, either in the county in which such liquors may have been received, or into which they may have been carried by such company.

SEC. 40. Every mayor, alderman, city, marshal, or assistant marshal, police officer, constable, town sergeant, or watchman, in his city or town, and every sheriff, or deputy sheriff, in his county, may, without a warrant, seize and detain any spirituous or intoxicating liquors, and the vessels containing the same, other than those described in the thirty-seventh and thirty-eighth sections of this chapter, and within. the protection of these sections, which he may find in any steamboat, vessel, or other craft, or in any vehicle of any kind, or in any open place, or any tent, shanty, hut, or place of any kind for selling refreshments in any public place on or near the ground of any cattleshow, agricultural exhibition, military muster, or public occasion of any kind; and may convey the said liquors and the vessels containing the same to some proper place of security, and there keep the same, until said liquors can be proceeded against as hereinafter provided.

SEC. 41. If any three persons, being legal voters in any town, shall, before any trial justice or clerk of a justice court within the town or district in which such court is established, make complaint in writing under oath or affirmation, that any spirituous or intoxicating liquor other than such as is described in the thirty-seventh and thirtyeighth sections of this chapter, and within the protection of those sections, is kept or deposited in any place, town, or district, or in any vessel or craft in any of the waters of Narragansett Bay, such justice or clerk may issue a search-warrant for the purpose of searching for such spirituous and intoxicating liquors.

SEC. 42. Such search-warrant shall be served in the daytime only, and shall describe as nearly as may be the place to be searched, and the liquors and vessels containing the same, to be seized; and all such liquors, together with the cask, or other vessels in which the same are contained, and which shall be found by any officer in executing any such search-warrant, shall be taken and kept by such officer in some proper place of security until they can be proceeded against in manner hereinafter provided; and the warrant shall be returned by said officer, with his doings thereon, as soon as may be, to the justice court having jurisdiction of the same, in the town or district where such liquors shall have been seized.

for domestic use, excepted.

Domestic manufacture, &c.,

of wine from currants, &c., excepted. Penalty on rail

roads for illegally transporting liquor.

Power of cer

tain officers to seize liquors illegally kept.

of warrant of search for liquors, and complaint for same.

Of service and return of war

rant.

Of complaint for search of dwellinghouse.

Officer seizing to prosecute for forfeiture.

Of judgment of forfeiture.

Forfeited liquors to be inspected.

How disposed

of.

Of amendment of process for forfeiture.

Recognizance for costs by complainant,

SEC. 43. If the place to be searched be a dwelling-house, used and occupied exclusively as such, and no tavern, store, or grocery, eatingroom, or place of common resort be kept therein, such warrant shall not be issued, unless one of said complainants shall make oath or affirmation that he has reason to believe and does believe, that spirituous or intoxicating liquor has been sold in such dwelling-house, or taken therefrom for the purpose of being sold, by the occupant thereof, or by his consent or allowance, contrary to law, within one month next before making such complaint, and is then kept therein for sale contrary to law; and shall, under oath or affirmation, state the facts and circumstances on which such belief is founded; and such allegation shall be recited in the complaint and warrant.

SEC. 44. The officer making the seizure of such liquors, whether with or without a search-warrant, as aforesaid, or the officer directing such seizure, shall forthwith proceed to prosecute for the forfeiture thereof to the state, in the manner by law provided in case of other forfeitures of personal property.

SEC. 45. If the cause of forfeiture be proved, the court before whom the complaint or affirmation shall be tried shall enter up judgment that the said liquors, and the casks or other vessels containing the same, are forfeited to the state, which judgment shall be the judgment from which any appeal must be taken.

SEC. 46. Upon entry of judgment of forfeiture against such liquors, if no appeal can be had or be prayed, the court shall forthwith appoint some suitable person or persons to inspect said liquors, who shall make such inspection as soon as may be, and report to the court the condition and quality of such liquors, and whether any portion thereof, and what portions, are fit to be sold for any lawful use.

SEC. 47. Upon such report, the court shall issue to the officer having such forfeited liquors in custody, or to some other proper officer, an order in writing, authorizing him to sell or to deliver the liquors named in such order, to any lawful agent within the state; and in case such forfeited liquors shall be sold by the officer, in pursuance of such order, said officer shall account for the net proceeds of such sales to the state auditor, and pay the same unto the general treasurer; and in case such forfeited liquors shall be delivered to such agent by the said officer in accordance with the above mentioned order, such agent shall receive said liquors and vessels, and shall sell the same in the course of his agency, and account for the net proceeds thereof to the state auditor, and pay the same into the general treasury; and said court shall also issue an order in writing to such officer, commanding him to destroy forthwith such portions of said liquors as shall not be fit to be sold for any lawful use; and every such officer shall execute said orders, and shall return the same, with his doings thereon endorsed, to said court, within such time as said court shall direct.

SEC. 48. Whenever, in such proceedings for forfeiture, it shall appear to the court that there has been any irregularity in the service of any process issuing upon the complaint or information, or any omission to publish the notices required, or any defect or omission in the complaint or information, or in the citation or notice, or in the service thereof, or in any other part of the record, the court or justice may permit the same to be amended, and direct such further service of process or publication of notice, as will, in the judgment of such court, be most effectual.

SEC. 49. No officer of the law complaining on account of the violation of any of the provisions of this chapter, and no person so

complaining, who, at the time of making his complaint, shall waive when required, in favor of the state his proportion of any fine to which he may be and when not. entitled under the same, shall be required, at the time of complaint, to enter into recognizance, or in any way to become liable, for the costs that may accrue thereon. In other cases of complaints under this chapter, where the complainant is entitled to the whole or any portion of the fine, he shall, upon making his complaint, enter into the usual recognizance for costs.

SEC. 50. In any action, complaint, and warrant, information, indictment, or other proceeding, against any person for a violation of any of the provisions of this chapter, it shall not be necessary to set forth the kind or quantity of ale, wine, rum, or other strong or malt liquors, or mixed liquors, as aforesaid, or the time of the sale or manufacture thereof; but proof of the violation of any of the provisions of this chapter, the substance of which is briefly set forth therein, within the times mentioned therein, by the person complained of, shall be sufficient to convict such person; nor shall it be requisite in any such action, complaint, and warrant, indictment or other proceeding, to set forth a record of a former conviction, or any allegation of any such conviction, but any such conviction may be proved in the same manner, and with the same effect, as if an allegation thereof had been made.

What allegations sufficient in proceedings for violation of

this chapter.

SEC. 51. Any defects in any such complaint and warrant, indict- Defects, in ment, information, or other proceeding, either of form or substance, complaint, &c., amendmay be amended by the court before whom the action, complaint, able. and warrant, indictment, information or other proceeding, is originally brought, or may be pending.

SEC. 52. All cases of appeal, under the provisions of this chapter, Duty of attorfrom the judgment or sentence of a justice court, and all informations ney-general in liquor appeals: and questions arising under the same, or under any complaint and warrant filed or made under the provisions of this chapter, shall, in the court of common pleas, or in the supreme court, be conducted and argued by the attorney-general, in behalf of the state; and in every such case in said courts, in which the appellant or defendant, or person answering any information or complaint, shall be required

pro

officers, in

liquor cases.

to pay costs, the sum of six dollars shall be taxed in the bill of costs his fee to be for the services of the attorney-general; for which sum, the clerk of taxed in costs. said court, or other officer to whom such costs may be paid, shall account; and no costs in any such case shall be remitted or reduced. SEC. 53. In addition to the fees now allowed by law, the justice Additional fees court shall be entitled to receive for taking any bond under the of justices and visions of this chapter, the sum of fifty cents; every officer required thereby to complain or inform against any liquors seized under the same shall be entitled to be allowed three dollars for so complaining or informing; and no entry in the court of common pleas shall be charged or paid on any such information; the officer serving the warrant or process of seizure of any liquors shall be allowed for the same, one dollar; and for removing of any liquors so seized, to a place of safety, all expenses by him incurred in the removal, care, and custody of said liquors, and the sum of one dollar: said fees shall be included in the bill of costs and taxed against the defendant.

SEC. 54. All payments or compensations for liquors sold in violation of law, whether in money, labor, or personal property, shall be held and considered, as between the parties to such sale, to have been received in violation of law, without consideration, and against equity and good conscience: and in any action either at law or in equity

Payments for liquors illegally

sold, how to be treated.

Seller liable for injuries done by intoxicated purchaser.

Action for

liquors illegally sold, &c., not maintainable.

touching such money, labor, or personal estate, the purchaser, and also the seller of such liquors, may be a witness for either party, and although a party to such action.

SEC. 55. If any person not authorized under this chapter shall sell any ale, wine, rum, or other strong or malt liquors, or mixed liquors as aforesaid to any person, he shall be liable for all injuries which such person may commit while in a state of intoxication arising from drinking the liquors sold as aforesaid, in an action on the case in favor of the person injured.

SEC. 56. No action of any kind shall be had or maintained in any court of this state, for the possession or value of any liquors held, purchased, or sold, contrary to the provisions of this chapter.

Shows, &c.,

not to be ex

license.

SECTION 1. No person shall publicly, or for pay, or for any profit or advantage to himself, exhibit or promote, or take part in, any hibited without theatrical performance, or rope or wire dancing, or other show or performance, or conduct, engage in, or promote any wrestling, boxing, or sparring match or exhibition, without a license from the town council of the town in which such exhibition or performance may be given.

SEC. 2. Whenever any such exhibition or performance shall be desired to be given in any town, the town council thereof license may the same for such term not exceeding one year, and subject to such regulations and restrictions as they may prescribe.

SEC. 3. Such town council may appoint constables or other proper officers, at the expense of the person so licensed, to attend any such exhibition or performance, whose duty it shall be to preserve order, and to execute the orders of said council.

SEC. 4. Every person who shall violate any of the provisions of the first section of this chapter shall forfeit two hundred dollars for each offence; and every person who shall knowingly permit any such violation of any of the provisions of said section, in any house, building, room, or hall, belonging to him or under his control, shall forfeit fifty dollars for each offence.

SEC. 5. Such town council shall demand and receive of every person to whom a license shall be granted under the first and second sections of this chapter, such sum as such council shall deem proper,