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gambling-ouses or places, and houses of ill-fame, either by promptly entering a complaint before a magistrate competent to examine or try the offence charged, and execute such warrants as may be issued on such complaints, or by furnishing the county attorney promptly and without delay with the names of alleged offenders, and of the witnesses. For services under the provisions of this law, sheriffs and their deputies, acting under their directions, shall be entitled to the same per diem compensation as for attendance on the supreme judicial court, and the sanie fees for travel as for the service of warrants in criminal cases, together with such necessary incidental expenses as may be just and proper; bills for which shall be audited by the county commissioners, and paid from the county treasury.

SEC. 3. County attorneys shall cause to be summoned promptly before the grand jury of their several counties all witnesses whose names have been furnished them by any sheriff or his deputies, as provided in Section 2 of this act, and shall faithfully direct enquiries before that body into violations of law, and shall prosecute persons indicted, and secure the prompt sentence of such as shall be convicted.

SEC. 4. Whenever the governor shall, after investigation, be satisfied that any sheriff or county attorney has wilfully refused or neglected to discharge the duties imposed upon each by this act, it shall be his duty to bring such fact to the attention of the Legislature at the earliest practical day.

[Approved February 29, 1872.]

The following is the full text of the amendment passed unanimously by the Legislature, and approved by the Governor February 9, 1877:

AN ACT TO AMEND CHAPTER 27 OF THE REVISED STATUTES RELATING TO DRINKING-HOUSES AND TIPPLING-SHOPS.

Be it enacted, etc., as follows:

SECTION 1. Section 22 of chapter 27 of the Revised Statutes is hereby amended so as to read as follows:

"SEC. 22. No person shall be allowed at any time to sell, by himself, his clerk, servant, or agent, directly or indirectly, any intoxicating liquors, of whatever origin, except as hereinafter provided; wine, ale, porter, strong beer, lager-beer, and all other malt liquors, and cider, when kept or deposited with intent to sell the same for tippling purposes, as well as all other distilled spirits, shall be considered intoxicating within the meaning of this chapter; but this

enumeration shall not prevent any other pure or mixed liquors from being considered intoxicating."

SEC. 2. Section 23 of the same chapter is hereby amended so as to read as follows:

"SEC. 23. Any person who shall manufacture for sale any intoxicating liquor, except cider, shall be punished as provided in section 24 of this chapter."

SEC. 3. Section 24 of the same chapter is hereby amended so as to read as follows:

"SEC. 24. Any person who shall sell any intoxicating liquors manufactured by him in this State, except cider, shall be punished by imprisonment two months in the county jail, and by fine of one thousand dollars, and stand committed till paid."

SEC. 4. On every subsequent conviction after the first offence described in section 35 of the same chapter the person or persons found guilty shall pay a fine of one hundred dollars and cost of prosecution, and stand committed until the same be paid; and in addition thereto, shall be imprisoned in the county jail three months.

SEC. 5. Section 45 of the same chapter is hereby amended so as to read as follows:

'SEC. 45. Every trial justice, recorder, clerk, and judge of a municipal or police court, and every county attorney, having knowledge of any previous conviction of any person accused of violating this chapter, in preparing complaints, warrants, or indictments, shall allege such previous conviction thereon; and after an indictment in any such case is entered in court, no county attorney shall dismiss or fail to prosecute the same except by special order of said court. If any trial justice, recorder, clerk, or judge of a municipal or police court, or county attorney, neglects or refuses to allege such previous conviction, or if any county attorney shall fail to prosecute as provided in this section, he shall forfeit one hundred dollars in each case, to be recovered in an action of debt, to be brought by the attorney-general in behalf of the State."

SEC. 6. All acts or parts of acts inconsistent with this act are hereby repealed.

NEW HAMPSHIRE.

NEW HAMPSHIRE has a prohibitory law, under. which the traffic in alcoholic liquors is illegal, excepting by duly appointed but not licensed agents. Neither the State nor any of its municipalities derive revenue from the sale of liquors. Efforts for a State constabulary force for the better enforcement of the prohibitory law have been unsuccessful.

VERMONT.

VERMONT has a prohibitory law, passed in 1852, which has been improved by various amendments adopted since that time. It is the settled policy of the State, and strong efforts are being made to secure the passage of the "State Police Bill," in order to secure its better enforcement. The following is from the Civil Damage Act

of 1869:

"Whenever any person in a state of intoxication shall wilfully commit any injury upon the person or property of any other individual, any person, who, by himself, his clerk, or servant, shall have unlawfully sold or furnished any part of the liquor causing such intoxication, shall be liable to the party injured for all damage occasioned by the injury so done, to be recovered in the same form of action as such intoxicated person would be liable to, and both such parties may be prosecuted in the same action; and, in case of the death or disability of any person, either from the injury received as herein specified or in consequence of intoxication from the use of liquors unlawfully furnished as aforesaid, any person who shall be in any manner dependent on such injured person for means of support, or any party on whom such injured person may be dependent, may recover from the person unlawfully selling or furnishing such liquor as aforesaid all damage or loss sustained in consequence of such injury, in any court having jurisdiction in such cases; and coverture or infancy shall be no bar to proceedings for recovery in any case arising under this act."

The Legislature of 1876 enacted the following:

NO. 33.-AN ACT TO ABATE AND SUPPRESS NUISANCES.

It is hereby enacted, etc.:

SECTION 1. Every saloon, restaurant, grocery, cellar, shop, billiard-room, bar-room, and every drinking place or room used as a place of public resort, where spirituous or malt liquor or any kind of intoxicating drink is unlawfully sold, furnished, or given away, or kept for selling, furnishing, or giving away unlawfully, shall be held and regarded as a common nuisance, kept in violation of law.

SEC. 2. When, upon due trial, it shall be proved that any such liquor or intoxicating drink is kept for unlawful sale, furnishing, or giving away, or is unlawfully sold, furnished, or given away, in any such place of public resort as is named in the preceding section, the court having jurisdiction in the case shall adjudge such place to be a common nuisance, and the same shall be shut up and abated by the order of such court, in the manner and form hereinafter provided, and shall not be reopened by the person convicted as the keeper thereof until he shall file with such court a bond, with sufficient surety or sureties, payable to the treasurer of the State, in the sum of not less than three hundred dollars nor more than five hundred dollars, conditioned that he will not thereafter keep for unlawful sale, furnishing, or giving away, nor unlawfully sell, furnish, or give away, therein any such liquor or intoxicating drink as herein named. And if such person so convicted shall reopen or reoccupy such place before giving such bond, he shall be liable to a fine of ten dollars, payable to the State treasury, for each day in which he shall keep open such place before giving such bond, with costs of prosecution. And it shall be the duty of the State's attorney, whenever any bond provided for by this act shall be forfeited, to prosecute and recover the amount so forfeited on behalf of the State; and when such duty is neglected by the State's attorney for the county in which such forfeiture occurs, for six months after being notified of such forfeiture, any other person may institute proceedings for such recovery in an action of debt in the name of the State, and such person, upon recovery and the payment of such amount into the State treasury, shall be allowed one-half of the amount so recovered. And it shall be the duty of the grand jury of each county to enquire into and present to the county court all cases of violation of this act not otherwise proceeded against.

SEC. 3. Whenever any person is duly convicted of keeping and maintaining any such place or room used as a lace of public resort, in which any such spirituous or malt liquor or any kind of in

toxicating drink is unlawfully sold, furnished, or given away, or kept for unlawful sale, furnishing, or giving away, he shall be adjudged by the court before which he is so convicted to be guilty of keeping and maintaining a common nuisance, and upon any conviction of such offence he shall forfeit and pay into the State treasury a fine of not less than twenty dollars nor more than two hundred dollars, or he shall be liable to a fine of not exceeding twenty dollars and imprisonment in the county jail not less than one month nor more than three months, in the discretion of the court.

The bill then gives the forms necessary for the carrying out of the provision.

Another amendment authorizes the arrest of intoxicated persons and detention till sober, and that the persons so detained shall upon oath disclose where the liquor was obtained, and on retusal may be committed to jail.

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