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THE MAINE LIQUOR LAW., Otago Witness, Issue 180, 3 February 1855
THE MAINE LIQUOR LAW.
( Ax Act/o/ the Suppression of Drinking-Housss I and Tipplivff-Shops. j Be it enacted by -he Senate and House of Jlepre- ! sentalives in Legislature assembled, as follows : — ■ Section 1. No person shall be allowed at any time to raanufr-ctuie or sell, by himself, his clerk, servant, J o;- agent, directly or indirectly, any spirituous or inj toMeating liquors, a part of which is spirituous, or J intoxicating, except as hereafter provided. C. The selectmen of any town, and mayor and al- ' derm en of any city, on the first Monday of May an1 nuallv, or as soon, thereafter as may be convenient, ' may appoint some suitable person as the agent of 1 said town or city, to sell at some central or convenij ent place within said town or city, spirits, wines, or | other intoxicating liquors, to be used for medicinal and mechanical purposes and no other ; and said agent shall receive such compensation for his services as the board appointing him shall prescribe ; and shall, in the sale of such liquors, conform to j such rules and regulations as the selectmen or mayj or end aldermen as aforesaid shall prescribe. And I such agent, appointed as aforesaid, snail* hold his situation for one year, unless sooner removed by the bsard fiom which he received his appointment, as he may be at any time, at the pleasure of said board. 3. Such agent shall receive a certificate from, the mayor and aldermen or selectmen by whom, he was appointed, authorizing him, as the agent of such town or city, to sell intoxicating liquors for pedicinal and mechanical purposes only; but such cerI tificate shall not be deliveied to the person so apI pointed, until he shall have executed and delivered 1 to said Board a bon&, with two. good and sufficient I sureties, in the sum of sis. hundred dollars, in su'oI stance as follows : ] .Know all men, that we, as principal, atf& i as sureties, are holden and stand firmly bound , to the inhabitants of the town of (or city, a's ' the case" may be), in the sum of six hundred dollars, j to be paid them, to which payment we bind ourselves, our heirs, executors, and administrators,* firmly- by these presents. Sealed with "our seals, i and dated this day of a.D. . j The condition of this obligation is such, that I whereas the above bounden has been duly, api pointed an agent for the town (or city) of — Uju'to ! sell, within and for and on account of said towit(or ! city), intoxicating liquors 'for medicinal- anU"-»tae- ! chauieal "purposes -and- no other > -uulU-the'^-- !^-of
A.D. , unless sooner removed from said agency. Now if said Bhall 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 to be void ; otherwise to remain in full force. 4. If any person, by himself, clerk, servant, or agent, shall at any time sell any spirituous or intoxicating liquors, or any mixed, liquors, part of which is intoxicating, in violation of the provisions of this act, he shall forfeit and pay on the first conviction, ten dollars and the costs of prosecution, and shall stand committed until the same be paid ; on the second conviction he shall pay twenty dollars and the costs of prosecution, and shall stand committed until the same be paid ; on the third and every subsequent conviction, he shall pay twenty dollars and the costs of prosecution, and shall be imprisoned in the common jail not less than three months, nor more than six months, and in default t>f the payment of the fines and costs proscribed by this section for the first and second convictions, the convict shall not be entitled to the benefit of chapter 175 of the revised" statutes, until ho shall have been imprisoned two 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 175 of the revised statutes, 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 seclion, he shall be held equally guilty with the principal, and on conviction shall suffer the same penalty, 5. Any forfeiture or penalty arising under the above section may be recovered by an action of debt, or by complaint before any justice of the peace, or judge of any municipal or police court, in the country where the offence was committed. And the forfeiture so recovered shall go to the town where the ■convicted party resides, for the use of the poor ; and the prosecutor or complainant may be admitted as a witness in the trial. And if any one of the selectmen or board of mayor or aldermen shall approve of the commencement of any such suit, by endorsing his name upon the writ, the defendant shall in no event recover any costs ; and in all actions of debt arising under this section, the fines and forfeitures suffered by the defendant shall be the same as if the action had been by complaint. And it shall be the duty of the mayor and aldermen of any city, and selectmen of any town, to commence an action in behalf of said town or city, against any person guilty of a violation of any of the provisions of this act, on being informed of the same, and being furnished with proof of the fact. 6. If any person shall claim an appeal from a judgment rendered against him by any judge or justice, on the trial of such action or complaint, he Bhall, before the appeal shall be allowed, recognize in the sum of one hundred dollars, with two good "end sufficient sureties, in every ease so appealed, to prosecute his appeal, and to pay all costs, fines, and penalties, that may be awarded against him, upon a final disposition of such suit or complaint, And before his appeal shall be allowed, he shall also in every case give a bond with two other good and sufficient sureties, running to the town or city where the offance is committed, in the sum of two hundred dollars, that he will not, during the pendency of such appeal, \iolate any of the provisions -of this act. And no recognisance or bond shall be taken in cases arising under this act, except by the justice or judge before whom the trial was had ; and the defendant shall be held to advance the jury fees in every case of appeal in action of debt ; and in the event of a final conviction before a jury, the defendant shall pay and suffer double the amount of fines, •penalties, and imprisonment awarded against him by the justice or judge from whose judgment the -appeal was made. The forfeiture for all bonds and recognizances given in pursuance of this act shall gp to the town or city where the offence was committed, for the use of the poor ; and if the recognizances and bonds mentioned in this section shall not be given within twenty-four hours after the judgment, the appeal shall not be allowed ; the defendant in the meantime to stand committed. 7. The mayor and aldermen of any city, and the selectmen of any town, whenever complaint shall be made to them that a breach of the conditions of the bond given by any person appointed under this act has been committed, they shall revoke and make void his appointment. And whenever a breach of any bond given to the inhabitants of any city or town in pursuance of any of the provisions of this act, shall be made known to the mayor and aldermen, pr selectmen, or shall in any manner come to their knowledge, they or some of them shall, at the expense and for the use of such, city or town, cause , the bond to be put in suit in any court proper to try the same, 8. No person shall be allowed to be a manufacturer of any spirituous or intoxicating liqour, or common seller thereof, without being duly appoint«d as aforesaid, on pain of forfeiting on the first conviction the sum of one hundred dollars and costs of prosecution, and in default of the payment thereof, the person so convicted shall be imprisoned sixty days in the common jail ;,and on.' the second conviction, the person so convicted shall pay the sum of two hundred, dollars and costs of prosecuting, and in default of payment, shall be imprisoned four .•nasnths in the common jail; and on the third and •every subsequent conviction, shall pay the sum of two hundred dollars, and shall be imprisoned four months in the common jail of the county where the offence was committed ; said penalties to be re- * covered before any court of competent jurisdiction, by indictment, or by action of debt in the name of the city Qr town where the offence shall be committed. And t whenever a default shall be had of any recognizances arising under this act, scirefacius shall be issued, returnable at the next term, and the .same shall, not be continued, unless for good cause, satisfactory to" the court. . . -9. -No pejsoa engaged; ia the unlawful -traffic in
intoxicating liquors shall be competent to sit upon any jnry in any case arising from this act, mid when information shall be communicated to the court that any member of any panel is engaged in such i traffic, or that he is believed to be so engaged, the i court shall inquire of the juryman of whom such belief is entertained ; and no answer which he shall make shall be used against him in any case arising under this act ; but if he shall answer falsely, ho shall be incapable of serving on any jury in this state ; but he may decline to answer, in which case he shall be discharged by the court from all further attendance as a juryman. 10. All cases arising under this act, whether by action, indictment, or complaint, which shall come before a superior court, either by appeal or original entry, shall take precedence in said court of all other business, except those criminal cases in which the parties are actually under arrest awaiting a trial ; and the court and the prosecuting officer shall not have authority to enter a nolle prosequi, or to grant a continuance in any case arising under this act, either before or after the verdict, except where the purposes of justice shall require it. 11. If any three persons, voters in the town or city where the complaint shall be made, shall, before any justice of the peace or judge of municipal or police court, make complaint under oath or affirmation, that they have reason to believe, and do believe, that spirituous or intoxicating liquors are kept or deposited, and intended for sale, by any person not authorized to sell the same in said city or town under the provisions of this act, in any store, shop, warehouse, or other building or place in said city or town, said justice or judge shall issue his warrant of search to any sheriff, city marshal, or deputy, or to any constable, who shall proceed to search the premises described in said warrant, and if any spirituous or intoxicating liquors are found therein, he shall seize the same, and convey them to some proper place of security, where he shall keep them until final action is had thereon. But no dwelling-house, in which or in part of which a shop is not kept, shall be searched, unless at least one of said complainants shall testify to some acts of sale of intoxicating liquors therein, by the occupant thereof, or by his consent or permission, within at least one month of the time of making said complaint. And the owner or keeper of said liquors, seized as aforesaid, if he shall be known to the officer seizing the same, shall be summoned forthwith before the justice or judge by whose warrant the liquors were seized, and if he fails to appear, or unless he can show by positive proof that said liquors are of foreign production, that they have been imported under the laws of the United States, and in accordance therewith— that they are contained in the original packages in which they were imported, and in quantities not less than the laws of the United States prescribe, they shall b,e declared forfeited, and shall be destroyed by 'authoiity of the written order to that effect, of said justice or judge, and in his presence, or in the presence of some person appointed by him, to witness the destruction thereof, and who shall join with the officer by whom they shall have been destroyed in attesting that fact upon the back of the order by authority of which it was done ; and the owner or keeper of such liquors shall pay a fine of twenty dollars and costs, or stand committed for thirty days in default of payment, if in the opinion of the court said liquors shall have been kept or deposited for the purposes of sale. And if the owner or possessor of any liquors, seized in pursuance of this section, shall set up the claim that they have been regularly imported under the laws of the United Stales, and that they are contained in the original packages, the custom-house certificates of importation, and proofs of marks on the casks or packages corresponding thereto, shall not be received as evidence that the liquors contained in said packages aro those actually imported therein. 12. If the owner, keeper, or possessor of liquors, j seized under the provisions of this act, shall be unknown to the officer seizing the same, they shall not be condemned and destroyed until they shall have been advertized, with the number and description of ' the packages as near as may be, for two weeks, by | posting up a written description of the same in some public place ; that if such liquors are actually the property of any city or town in the state, and were so at the time of the seizure, purchased for sale by the agent of said city or town, for medicinal or mechanical purposes only, in pursuance of the provisions of this act, they may not be destroyed ; but upon satisfactory proof of such ownership, within said-two weeks, before the justice or judge by whose authority said liquors were seized, said justice or judge shall deliver to the agent of said city or town an order to the officer having said liquors in custody, whereupon said officer shall deliver them to said agent, taking his receipt therefor on the back of said order, which shall be returned to said justice or judge. 13. If any person claiming any liquors as aforesaid shall appeal from the judgment of any justice or judge, by who6e authority the seizure was made, to the district court, before his appeal shall be allowed, he shall give a bond in the sum of two hundred dollars, with two good and sufficient sureties, to prosecute his appeal, and to pay all fines and costs which may be awarded against him ; and, in the case of any such appeal, where the quantity of liquors so seized shall exceed five gallons, if the final decision shall be against the appellant, that such liquors were intended by him for sale, he shall be adjudged by the court a common seller of intoxicating liquors, and. shall be subject to the penalties provided for in section eight of this act; and said liquors shall be destroyed as provided for in section eleven. But nothing contained in this act shall be construed to prevent any chemist, artist, or manufaopiSfer, in whose art or trade they may be necessary, from keeping at his place of business such reasonable and proper quantity of distilled liquors as he may have occasion to use in his art or trade, but not for sale. 14. It shall be the duty of any mayor, alderman, selectman., assessor, city marshal, or; deputy, or
constable, if he shall have information that any intoxicating liquors are kept or sold in any tent, j shanty, hut, or any place of any kind for selling re- j freshments in nny public place, on or near the j ground of any cattle show, agricultural exhibition, military muster, or public occasion of any kind, to search such suspected place, and if such officer shall J find upon the premises any intoxicating drinks, he shall seize them, and arrest the keeper or keepers of such place, and take them forthwith, or as soon as may be, before some justice or judge of a municipal or police court, with the liquors so found and seized, and upon proof that said liquors are intoxicating, that they were found in the possession of the accused, in a tent, shanty, or other place as aforesaid, he or they shall be sentenced to imprisonment in the county jail for thirty days, and the liquor so seized shall be destroyed by order of said justice or judge. j 15. If any person arrested under the preceding section, and sentenced as aforesaid, shall claim an appeal, before his appeal shall be allowed, he shall give a bond in the sum of one hundred dollars, with two good and sufficient sureties, that he will prose- j cute his appeal, and pay all fines, costs, and penalties which may be awarded against him. And if, on such an appeal, the verdict of the jury be against him, he shall, in addition to the penalty awarded by the lower court, pay a fine of twenty dollars. In all cases of appeal under this act, from the judgment of a justice or judge of any municipal or police court, to the district court, except where the proceeding is by action of debt, they shall be conducted in said district court by the prosecuting officer of . the government— and said officer shall be entitled to receive all costs taxable to the state, in all crimi- | nal proceedings under this act, in addition to the salary allowed to such officer by law — but no costs in such cases shall be remitted or reduced by the prosecuting officer or the court. In any suit, complaint, indictment, or other proceeding against any person for a violation of any of the provisions of this act, other than for the first offence, it shall not be requisite to set forth particularly the record of a former conviction, but it shall be sufficient to allege briefly that such person has been convicted of a violation of the fourth section of this act, or as a common seller, as the case may be, and such allegation in any civil or criminal process in any stage of the proceedings, before final judgment, may be amended without terms, and as a matter of right. 16. All payments or compensations for liquor sold in violation of lav/, whether in money, labour, or other property, either real or personal, shall be held and considered to have been received in violation of law, and without consideration and against law, equity, and a good conscience, and all sales, transfers, and conveyances, mortgages, liens, attachments, pledges, and securities of every kind, which, either in whole or in part, shall have been for or on account of spirituous or intoxicating liquors, shall be utterly null and void against all persons, and in all cases, and no rights of any kind shall be acquired thereby ; and in any action either at law or equity, touching such real or personal estate, the purchaser of such liquors may be a witness for either party. And no action of any kind shall be maintained in any court in this state, either in whole or in part, for intoxicating or spirtuous liquors sold in any other state or county whatever, nor shall any action of any kind be had or maintained in any court in this state, for the recovery or possession of intoxicating or spirituous liquors, or the value thereof. 17. All the provisions of this act relating to towns shall be applicable to cities and plantations ; and those relating to selectmen shall also be applied to the mayor and aldermen of cities, and assessors of plantations. 18. The act entitled " An Act to restrict the sale of intoxicating drinks,'* approved August 6, 1546, is hereby repealed, except the thirteen sections, from section 10 *.o 22 inclusive,. saving or reserving all actions or other proceedings which are already commenced by authority of the same ; and all other acts and parts of acts inconsistent with this act are hereby repealed. — This act to take effect from nnd after its approval by the governor. (Approved June 2, 1851.)
THE MAINE LIQUOR LAW., Otago Witness, Issue 180, 3 February 1855
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