scribed by this chapter, shall not be less than five dollars. Undertakers and others making returns of deaths as required in section eight of this chapter shall receive for each full report of a death made to the town clerk, five cents in the cities of Providence or Newport, and ten cents in the other towns of the state. SEC. 11. If any clergyman, physician, undertaker, town clerk, clerk of any meeting of the society of Friends, or other persons, shall wilfully neglect or refuse to perform any of the duties imposed on, or required of him, by this chapter, he shall, at the discretion of the court or justice trying the cause, on conviction thereof, be fined not exceeding twenty dollars, for each offence, one half thereof to the use of the town in which the offence shall occur, the other half to the use of the person who shall complain of the same. SEC. 12. In order that it may be more surely ascertained that no clergyman, physician, coroner, undertaker, or clerk of the society of Friends, neglects to make the returns specified in this chapter, each one shall cause his name and residence to be recorded in the clerk's office of the town where he resides. SEC. 13. No letters of administration, or letters testamentary, shall be granted by any court of probate, upon the effects or estate of any person, until the death of such person, or the facts from which the same is presumed, shall be duly certified, as near as may be to the town clerk, in order that the same may be duly registered according to the provisions of this chapter. SEC. 14. The said books or registers, or a certificate duly certified by the town clerk, or person appointed as aforesaid, as containing a full copy of the record of any marriage, birth or death, shall hereafter be admitted in any court in this state, as primâ facie proof of any marriage, birth or death. SEC. 15. Births, marriages, and deaths of non-residents, shall be distinguished from those of residents in the returns, by being arranged separately. SEC. 16. The secretary of state may, from time to time, vary the forms of returns, and require such additional information as he may consider necessary, to effect the object of this chapter. SEC. 17. The sum of two hundred and fifty dollars annually, to be drawn for by the secretary of state, is appropriated out of the general treasury, to defray the expense incident to examining, collecting and arranging the registration returns, making the necessary tables, and drawing up the report required by the second section of this chapter. SECTION 1. The town council of each town shall have power to regulate the keeping of taverns, victualling houses, cook shops, oyster houses and oyster cellars therein, by granting licenses therefor, upon such compensation for the benefit of the town as they shall see fit to impose, or by refusing to grant them. SEC. 2. Every such license 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 sooner revoked for cause. SEC. 3. If any person in any town shall open, or keep open, any tavern, 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 be fined fifty dollars for every offence, one half thereof to the use of the town in which ,ne offence shall have been committed, and the other half to the use of the state. SEC. 4. Every person licensed as aforesaid, 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, and with conditions to comply with the provisions of his license and of law. SEC. 5. Every licensed person shall maintain good order in the building licensed, and shall not sell, or suffer to be sold, any ale, wine, or strong liquor therein; nor shall he 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. SEC. 6. Every such licensed person violating either of the provisions of the next preceding section, shall be deemed the keeper of a disorderly house, and shall be fined fifty dollars, one half thereof 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. 7. In case any such licensed person 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. SECTION CHAPTER 78. OF THE SUPPRESSION OF INTEMPERANCE. 1. Prohibition of sale of wine, rum and strong liquors, &c. 2. Agents for sale of, when and how appointed. 3. Tenure of agent's office. 4 and 5. Bond of agent. 6. Certificate given to agent. 7. Sales by agents, how regulated. 8. Liquors kept by agents, to be inspected and pure. 9. Penalty on agents for selling impure liquors. 10. Liquors purchased and held by agents, how marked and labelled. 11. Penalty for counterfeiting label of agent. 12. Penalty for fraudulent use of address 13. Effect of breach of bond by agent. 15. Keeping of other liquors prohibited. 17. Penalty for keeping liquor for sale. carrying liquor for sale. 19. Penalty upon expressmen, &c., for receiving for carriage liquor sold, or for sale. 20. Penalty upon agents of railroads for receiving for carriage liquors sold or for sale. 21. Fines under certain sections, how to enure, and complaints for, how barred. 22. Appeal given from sentence of justice. 23. Recognizance to be given on appeal, and how certified. 35. Of judgment of forfeiture. 36 and 37. Forfeited liquors to be inspected, and how disposed of. 38. Of amendment of process for forfeiture, and further notice. 39. Recognizance for costs, when to be given by complainant. 40. What allegations sufficient in describing sale or former conviction in action, warrant, information and indictment. 41. Amendment of warrant, indictment, 42. Duty of attorney-general in liquor ap- SECTION 44. Payment for liquors illegally sold, how to be treated. 45. Liability of seller for injuries com SECTION mitted by purchaser intoxicated from sale. 46. Actions for liquors illegally sold or kept, not maintainable. SECTION 1. No person shall, at any time, manufacture, or sell, or suffer to be manufactured or sold, by any person, except for the purpose of exportation, or keep or suffer to be kept on his premises or possessions, or under his charge, for the purposes of sale, within this state, any ale, wine, rum or other strong or malt liquors, or any mixed liquors, a part of which is ale, wine, rum or other strong or malt liquors, unless as is hereinafter provided. SEC. 2. The town council of any town may, and the mayor and aldermen of any city shall, annually, on the Monday next following the annual election of town officers in any town, or as soon thereafter as may be convenient, appoint some suitable person or persons as the agent or agents of said town, to sell at some central or convenient place or places within said town, ale, wine, rum or other strong or malt liquors, to be used for sacramental, medicinal, mechanical, chemical, and culinary purposes only. SEC. 3. Every agent shall be appointed for one year, but may be removed at the pleasure of the board appointing him, who shall, in case of vacancy from any cause, appoint another in his place for the remainder of the year. SEC. 4. He shall, before entering upon the duties of his appointment, give bond in the sum of six hundred dollars, with good and sufficient sureties to the town or city in which he is appointed, to be delivered to the board appointing him. - Know SEC. 5. Such bond shall be in substance as follows: all men, that we as principal, and as sureties, are holden (as and stand firmly bound to the town of (or city of) the case may be,) in the sum of six hundred dollars, to be paid said town: to which payment we bind ourselves, our heirs, executors and administrators, firmly by these presents. Sealed with our seals, and dated this day of A. D. The condition of this obligation is such, that whereas the above bounden has been duly appointed an agent for the town (or city) of to sell within and for and on account of said town (or city,) ale, wine, rum or other strong or malt liquors, for sacramental, medicinal, mechanical, chemical and culinary purposes only, until the day of unless sooner removed from said agency. Now if the said shall in all respects, conform to the provisions of the law, relating to the business for which he is appointed, and to such rules and regulations, as now are, or shall be, from time to time, established by the board making the appointment, then this obligation shall be void, otherwise it shall remain in full force. A. D. SEC. 6. Upon the execution and delivery of the bond aforesaid, every such agent shall receive a certificate from the board by whom he has been appointed, authorizing him, as the agent of such town, to sell ale, wine, rum or other strong or malt liquors, for sacramental, medicinal, mechanical, chemical and culinary purposes, which shall be prima facie evidence of the appointment of such agent, and shall be produced by him upon all trials in which, by virtue of such appointment, exemption is claimed from the penalties of this chapter. SEC. 7. The place within which, and the rules and regulations under which, such agent shall keep and sell, and the terms and conditions upon which, he shall purchase and sell, the liquors mentioned in the first section of this chapter, shall be prescribed by the board appointing him, at the time of his appointment; but may be, from time to time, changed by them at pleasure, they conforming therein to law. SEC. 8. No impure, drugged, or adulterated liquors shall be kept for sale by such agent; and the liquors purchased and kept for sale by him shall, at all times, be open to inspection by suitable persons, to be appointed by the town council or board of aldermen for that purpose. SEC. 9. If any such agent shall keep for sale any impure, drugged or adulterated liquors, he shall be fined twenty dollars, and such liquors shall be forfeited and destroyed. SEC. 10. All liquors mentioned in the first section of this chapter, purchased by any such agent, shall be plainly marked with his address; and all vessels containing any such liquor sold by him shall be labelled or ticketed; the label or ticket specifying where, and by whom, and the authority by which such liquor was sold, and the kind and quantity thereof. SEC. 11. Such label or ticket shall bear the signature of the agent; and any counterfeiting of the same or of the signature of the agent shall be punishable as forgery. SEC. 12. If any person shall fraudulently use the address of any such agent on any cask or vessel containing spirituous or intoxicating liquors which were not purchased by such agent, or shall knowingly use the vessels labelled or ticketed by any such agent, for the purpose of holding liquors not purchased of any agent authorized to sell the same, such person shall for every such offence be fined not exceeding one thousand dollars or be imprisoned not exceeding six months, and the liquor so falsely marked, labelled or ticketed shall be forfeited to the state. SEC. 13. The town council of any town, whenever complaint shall be made to them in writing, that a breach of the conditions of the bond given by any agent appointed by them has been committed, shall notify the person complained of, and if upon a hearing of the parties, it shall appear that any breach thereof has been committed, they shall revoke and make void his appointment; and the town treasurer shall, at the expense and for the use of said town, cause the bond to be put in suit, unless otherwise directed by the town council. SEC. 14. It shall be lawful for any persons appointed such agents of any town, to own, keep and possess for sale and to sell in the places designated by the town councils or boards of aldermen, the liquors or any of them, mentioned in the first section of this chap |