The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1851-11-26
The Liquor Law of the State Of Maine

ING HOUSES AND TlPPBlNG SHOfS.
lcoNcLuprD
BE il enacted By the Senate and House of
Representatives. in Legislature assembled
as tollors!
SECTION 10. All cases arising under
this act whether by action, indictment,
or complaint, which shall come before
the superior court, either by appeal or
original entry, shall take precedence III
said court of all other business, except
those criminal cases in which the par
ties are actually under arrest, awaiting
a trial and the court and prosecuting
officer shall not have authority to enter
nulIe proscqui, or to grant cUnilnu-
ance in any case arising under this act,
either before or after the verdict, except
where The purpose Of justice shall re-
quire H.
SEC. IL. If three persons, voters in
the town or city where the complaint
shall be made, shall before any Justice
of the peace or Judge of any munlclpa !
or police court, make complaint under
oath or affirmation, that they have rea-
son to believe and do believe that spir-
itunus 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, ware
house, oi other building, or place in
said city or town, said Judge shall issue
his warrant Of search to any sheriff, city
marshal, or deputy, or TO any constable,
who shall proceed to search the prems.
es described in said warrant, aud if any
spurious 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 held thereon. But
no dwelling house in which or in part T
which shop is not kept, shall be searh-
ed, unless at least one Of said complain
ants shall testify to some act Of sale OF
intoxicating liquors therein, by the oc'
cupant thereof, or bv his consent or per-
mission 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 selzing 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 they are oi foreign production, that
they have been imported under the laws
OF the United States, and in accordance
iherewith--,hat they are contained in
the orlglnal packages in which they were
imported, and in quantities not less than
the laws OF the United States prescribe,
they shall be declared forfeited, and
shall be destroyed by authority Of the
written order to that effect of said JUS
iice or Judge and in his presence, or in
the presence Of some person appointed
by him to witness the destruction there
Of and who shall join with the officer by
whom they shall have been destroyed, :,
in ailesting tha, fact upon tie back of
the order by authority Of which it was
done , and the owner or keeper shall
pay fine Of twenty dollars and costs,
or stand committed for thirty days, i'll
default Of payment, if in the opinion OF
the court said liquors shall have been
kept or deposited for the purpose 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
the laws Of the United States, and that
they are contained in the original pack
ages, the custom-house certificates o
importation and proofs Of marks on the
casks or packages corresponding there,
to, shall not be received as evidence thai
the liquors contained in said package:
are those actually imported therein.
SIC. IL, If the owner, keeper, oil
possessor Of liquor seized under the pro
visions of this act. shall be unknown tr
the officers selzlng the same, they shal
not be condemned and DESTROYED unit
they shall have been advertised. with III,
number and description Of the package
as near as may be, for two weeks, b
posting up written description of tn
same in some public place, that il sue
, liquors are actually The property Of an
city or town in the State, and were S
at the time Of the seizure, purchase
for sale by the agent of said city a
town, for medicinal aud mechanics
purposes only, in pursuance of the pro
visions of this act, they may not lie de'
!, troyed; but upon satisfactory proof {
such ownership. within said two week
9 before the justice or judge bJ who's
y authority said liquors were seized. sal
!. justice or Judge shall deliver to the I
e gent of said city or town an order TO II
officer hAvinn said hnnnrs In cnsind