Lincoln v. Smith

Citations

• 27 Vt. 328

Syllabus

<p>Tho legislature have power to pass a law prohibiting tho traffic in intoxicating liquor as a drink, and subjecting it to seizure, forfeiture, and destruction when kept ior that purpose.</p> <p>The provisions of the twelfth section of tho law of 1852,* to prevont tho traffic in intoxicating liquor for the purpose of drinking, so far as they relate to proceedings in rem to effect tho forfeiture and destruction of liquors kept for illegal sale, are constitutional and valid. Redfield, Ob. J. dissenting.</p> <p>The apparent or alleged conflict between these provisions and those of the 1st, 9th, 10th, 11th and 12th articles of tho bill of rights examined and explained or deniod by Bennett, J.</p> <p>The 11th article of the bill of rights requires only that the place to be searched and tho property tobe seized should be described as nearly as may be; and such'a description is intended and required by said twelfth section.</p> <p>The description of the place as u the dwelling house of R. H. of Shrewsbury,” is sufficiently certain, and imports that the house is iu the town of Shrewsbury; and the description of the property as “ intoxicating liquor” isa sufficiently particular designation of it.</p> <p>Tho provision, that the owner or keeper of the liquor found shall bo summoned* requires service by an attested copy of the complaint and warrant, as summons arc ordinarily required; to bo served.</p> <p>The legislature may provide that a probable causo for a prosecution shall bo sufficient to overcome the presumption of innocence; and the finding of liquor by the officer as contemplated in said twelfth- section furnishes evidence of a probable cause, if not prima fade evidence of an unlawful intent to sell.</p> <p>Tho provision, in said section, for imposing a fine if, in the opinion of the justice, tho liquor-was kept for illegal sale, refers to a judicial opinion to be formed upon an examination and proof. Bennett, J.</p>