and shall be imprisoned in the county jail three months, and, in default of the payment of the fines and costs prescribed by this section for the first conviction, the convict shall not be entitled to the benefit of chapter one hundred and thirty-five until he shall have been imprisoned two months; in default of fines and costs provided for the second conviction, he shall not be entitled to the benefit of said chapter until he shall have been imprisoned three months; and in default of payment of fines and costs provided for the third and every subsequent conviction, he shall not be entitled to the benefit of said chapter until he shall have been imprisoned four months. And if any clerk, servant, agent, or other person in the employment or on the premises of another shall violate the provisions of this section, or aid and assist therein, he shall be held equally guilty with the principal, and, on conviction, shall suffer like penalty.

SEC. 29. No person shall be a common seller of intoxicating liquors. Any person convicted of a violation of this section shall be punished by fine of one hundred dollars and costs of prosecu tion, and, in default of the payment thereof, he shall be imprisoned sixty days in the county jail, or instead of such fine he may be imprisoned in the county jail three months. On a second conviction and every subsequent conviction he shall be punished by a fine of two hundred dollars and costs of prosecution and imprisonment four months in the county jail, and, in default of the payment of the fine and costs, he shall be punished by four months' additional imprisonment.

SEC. 30. Persons selling by authority and according to the provisions of the twenty-third and twenty-sixth sections are not common sellers.

SEC. 31. No person shall keep a drinking-house and tipplingshop within this State. If any person shall sell any intoxicating liquors in any building, vessel, or boat in this State contrary to the provisions of law, and the same are there drunk, he shall be leemed and held to be guilty of keeping a drinking-house and tippling-shop. Any person convicted of keeping a drinkinghouse and tippling-shop within this State shall be punished by a fine of one hundred dollars and costs of prosecution, and, in default of payment thereof, by imprisonment in the county jail three months, or, instead of such fine, shall be imprisoned in the county jail three months on the first conviction, and on every subsequent conviction he shall be imprisoned six months in addi tion to the fine and costs.

SEC. 32. Every wife, child, parent, husband, or other person who shall be injured in person, property, means of support, or otherwise by any intoxicated person, or by reason of the intoxication of any person, shall have a right of action in his or her own name against any person or persons who shall by selling or giving any intoxicating liquors, or otherwise, have caused or contributed to the intoxication of such person or persons; and in any such action the plaintiff shall have a right to recover actual and exemplary damages. And the owner or lessee, or person or persons renting or leasing any building or premises, having knowledge that intoxicating liquors are sold therein in violation of law, shall be liable, severally or jointly, with the persons so selling or giving intoxicating liquors as aforesaid. And in every action by any wife, husband, parent, or child, general reputation of the relation of husband and wife, parent, or child shall be prima facie evidence of such relation, and the amount recovered by every wife or child shall be his or her sole and separate property.

SEC. 33. No person shall deposit or have in his possession any intoxicating liquors with intent to sell the same in this State in violation of law, or with intent that the same shall be so sold by any person, or to aid or to assist any person in such sale.

SEC. 34. All intoxicating liquors kept and deposited in this State, intended for unlawful sale in this State, and the vessels in which they are contained, are hereby declared contraband and forfeited to the cities, towns, and plantations in which they are so kept at the time when they are seized by virtue of any of the provisions of this chapter. And in all cases where by any of the provisions of this chapter an officer is authorized to seize intoxicating liquors or the vessels containing them, by virtue of a warrant therefor, he may seize the same without a warrant, and keep them in some safe place for a reasonable time until he can procure such warrant.

SEC. 35. If any person competent to be a witness in civil suits shall make complaint upon oath or affirmation before any judge of any municipal or police court, or trial justice, that he believes intoxicating liquors are unlawfully kept or deposited in any place in the State, by any person or persons, and that said liquors are intended for sale within this State in violation of law, such magistrate shall issue his warrant, directed to any officer having power to serve criminal process, commanding such officer to search the premises described and specially designated in such complaint and

warrant, and, if said intoxicating liquors are there found, to seize the same with the vessels in which they are contained, and them safely keep until final action on the same, and make immediate return of said warrant. The name of the person so keeping, as aforcsaid, said liquors, if known to the complainant, shall be stated in such complaint, and the officer shall be commanded by said warrant, if he shall find said liquors, or shall have reason to believe such person has concealed them about his or her person, to arrest such person or persons, and have him or them forthwith before such magistrate for trial. If the name of the person keeping such liquors is unknown to the complainant, he shall so allege in his complaint, and such magistrate shall thereupon issue his warrant as provided in the first clause of this section. If upon trial the court, upon the evidence adduced, shall be of the opinion that the liquors were so as aforesaid kept and intended for unlawful sale by the person or persons named in said complaint, or by any other person or persons with his or their knowledge or consent, he or they shall be found guilty thereof, and sentenced to pay a fine of fifty dollars and costs of prosecution, and, in default of payment thereof, to be imprisoned thirty days in the county jail, or, instead of such fine, shall be imprisoned in the county jail three months.

SEC. 36. When liquors and vessels are seized as provided in the preceding section, it shall be the duty of the officer who made such seizure immediately to libel the liquors and the vessels so seized by him by filing with the magistrate before whom such warrant is returnable a libel against such liquors and vessels, setting forth their seizure by him, describing the liquors and their place of seizure, and that they were deposited, kept, and intended for sale within the State in violation of law, and pray for a decree of forfeiture of said liquors and vessels, and such magistrate shall thereupon fix a time for the hearing of such libel, and shall issue his monition and notice of such libel to all persons interested, citing them to appear at the time and place appointed, and show cause why said liquors and the vessels in which they are contained should not be declared forfeited, by causing a true and attested copy of said libel and monition to be posted in two public and conspicuous places in the town or place where such liquors were seized ten days at least before the day in which said libel is returnable.

SEC. 37. If no claimant shall appear, such magistrate shall, on proof of notice as aforesaid, declare the same forfeited to the

city, town, or plantation in which they were seized. If any person shall appear and claim such liquors, or any part thereof, as having a right to the possession thereof at the time when the same were seized, he shall file with such magistrate such claim in writing, stating specifically the right so claimed, and the foundation thereof, the items so claimed, and the time and place of the seizure, and the name of the officer by whom the same were seized, and in it declare that they were not so kept or deposited for unlawful sale, as alleged in said libel and monition, and also state his business and place of residence, and shall sign and make oath or affirmation to the truth of the same before said magistrate. If any person shall so make claim, he shall be admitted as a party to the process; and the said magistrate shall proceed to determine the truth of the allegations in said claim and libel, and may hear any pertinent evidence offered by the libellants or claimants. If the magistrate shall, upon the hearing, be satisfied that the said liquors were not so kept or deposited for unlawful sale, and that the claimant is entitled to the custody of any part of the same, he shall give to such claimant an order in writing, directed to the officer having the same in custody, commanding him to deliver to the said claimant the liquors to which he is so found to be entitled, within forty-eight hours after demand.

If the magistrate shall find the claimant entitled to no part of said liquors, he shall render judgment against him for the libellant for costs, to be taxed as in civil cases before such magistrate, and issue execution thereon, and shall declare said liquors forfeited to the city, town, or plantation where seized; the claimants may appeal, and shall be required to recognize with sureties as on appeals in civil causes from said magistrate.

SEC. 38. No warrant shall be issued to search a dwellinghouse occupied as such, unless it, or some part of it, is used as an inn or shop, or for purposes of traffic, or unless the magistrate before whom the complaint shall be made is satisfied by evidence presented to him, and so alleges in said warrant, that intoxicating liquor is kept in such house or its appurtenances, and that said liquor is intended for sale in this State in violation of law.

SEC. 39. All liquors declared forfeited by any court by virtue of the provisions of this chapter shall, by order of the court rendering final judgment thereon, be destroyed by any officer competent to serve the process on which they were forfeited, and he shall make return accordingly to such court or magistrate. And such liquors shall be destroyed by pouring the same upon the

ground. All vessels forfeited under the provisions of law may be sold by said officers at public or private sale, and the proceeds thereof paid into the treasury of such city, town, or plantation.

SEC. 40. If complaint shall by any person be made upon oath to any magistrate against any person who is a claimant under the provisions of this chapter, alleging that the liquors so claimed by him were, prior to, and at the time when the same were seized, kept or deposited by said claimant, or by some person by his authority, and intended for unlawful sale in this State, either by such person or the said claimant, the magistrate shall issue his warrant against such claimant so charged, and he shall be arrested thereon, and be brought before such magistrate, and, if found guilty of the offence therein charged, he shall be punished by a fine of fifty dollars and costs of prosecution, and stand committed until the same be paid or he be otherwise discharged by due course of law, or, instead thereof, may be punished by imprisonment in the county jail three months on the first conviction, and on every subsequent conviction he shall be imprisoned three months in addition to fine and costs.

SEC. 41. If any officer having a warrant issued under this chapter committed to him directing him to seize any liquors and to arrest the owner or keeper thereof shall be prevented from seizing the liquors by their being poured out or otherwise destroyed, he shall arrest the alleged owner or keeper named in the warrant, and bring him before the magistrate, and make return upon the warrant that he was prevented from seizing said liquors by their being poured out or otherwise destroyed, as the case may be, and in his return he shall state the quantity so poured out or destroyed as nearly as may be, and the magistrate shall put the owner or keeper so arrested upon trial, and if on the trial it shall appear by competent testimony that such liquors were so poured out or destroyed, and that the liquors so poured out or destroyed were such as were described in the warrant, and they were so kept or deposited and intended for unlawful sale, and if the person so arrested shall be found to be owner or keeper thereof, he shall be fined and sentenced in the same manner as he would have been if the liquors described in the warrant and in the return had been seized on the warrant and brought before the magistrate by the officer.

SEC. 42. If any deputy sheriff, after having executed such a warrant by a seizure, shall die or go out of office before final execution in the proceedings be done, the liquors shall be held in the