Blasdell v. Hewit

The act* gives the moiety of the penalty to the overseers of the town in which the offence is committed ; this alone is fatal.

The declaration wants time and place ; nor does it negative the qualifications of the proviso. For all of these reasons it is, therefore, bad.

It ought to have been shewn what liquors were sold, and perhaps to have negatived the others.

The declaration is clearly defective on the last ground taken by Mr, Justice Spencer,