Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1851-12-26
thirty days, and the liquors so seized shall be des.

troyed by order of said Justice or Judge.
PpeGiS,-tees-.forme conricti0n &c
SECT. 10. 1t any person arrested under the
preceding section and sentenced as aforesaid shall
claim an appeal, before his appeal shall be allow
ed. he shall give bond in the sun of one hundred
dollars, with two good sureties that he will pros
ecute his appeal and pay all fines, costs and pen
allies which may be awarded against him. And
il on such an appeal the verdict of the jury shall
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 justice or judge of any munich
pal 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
70 tie state in all criminal proceedings under this
act, IN addition TO the salary allowed to such off,
Ger by law-hut no costs in such cases shall be re-
mltted or reduced by the prosecuting officer or
| the urt. 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 former conviction
but 1t shall be sufficient TO aege briefly that such
person has been convicted of violation of the
fourth section of this act common seller,
| as the case may be, and such allegations in any
civil or criminal process in any stage of the pro-
ceedings, before final judgment may be amended
without terms and as matter of right
Contracts for liquor null and roid
SECT. 10. All payments or compensations for
liquors sold in violation of law whether in money
labor or ether property, either real or personal
shall be held and considered TO have been eceivod
IN violation of law, and without consideration
and against law, equity and good conscience
and all sales, transfers and convsyances mortga.
ges, liens, attachments pledges and securities of
every kind, which either in whole or in part shall
have been for or on account of spirtuous or in
toxlcatng liquors. shall be utterly null aud 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 witness for either party. And no action
of any kind shall be maintained in any court in
this state, either in whole in part for intoxicat-
ing or spiritucus liquors sold in any other state or
country whatever, nor shall any action OF any kind
be had or maintained in any courl in this state for
the recovery or possession of intoxicating or spirit
uous liquors, or the value thereof
applies to cities totcns. and plantations
SECT. II. All the provisions of this act relating
- towns shall be applicable TO cities and pIanta.
tons; and those relating to seectmen shall also
be applied to the mayor and aldermen of cities and
assessors Of plantations.
Repeal Of certain acts &C.
SECT Is. / he act entitled an act to restrict
the sale of intoxicating drinks" approved August
sixth, one thousand eight hundred ard forty-six.
Is hereby repealed, :ept the thirteen sections
from section ten 10 section twenty-five inclusive
ings, which already commenced by authority of
the same and all other and parts of acts in
consistent with this act are hereby repealed This
act to take effect from and after its approval by the
Governor. Approred June I'd, 1851.
Testimony in relation to the operation
of the law.
FROM THE QUARTERLY REPORT OF THE
MAYOR OF PORTLAND.
Mayors Office, Sept, 1851.
To THE CITIZENS OF PoRrLAND:-
The " Act for the suppression of Drinking
Honses and Tipping Shops" passed at the
last session of the Legislature, has been in
operation in this city for abou. three months,
and think it proper to give the people Of
Portland some definite information of its re-
suits.
At the time of its passage, there were sup
posed TO be in this city from 200 to 500
shops and other places where Intoxicating
liquors were openly sold to all corners. At
the present time, there are no places where
such liquors are sold openly, and only few
where they are sold at all, aud that with
| great caution and secresy, and only to those
who are personally known to the keepers,
and who can be relied upon not to betray
them to the authorities. These places, with
one-posslbly with two exceptons-are of
the lowest character; and so far as they sell
these liquors az all, minister to the depraved
appeilles OF the basest part OF our popula-
ton; but the keepers OF these places will
soon be brought to justice so that the traffic
IN Intoxicating liquors, TO be used as drink,
will he entirely extingushed in this city
The shops which allude to, are kept almost
exclusively by foreigners, and the few per-
sons who are now brought to the lookup in
the watch house, are the customers of these
places, and are themselves foreigners, al
most without exception. The stock of liquors
which the keepers of these places had no
hand when the law went into operation,
will soon be exhausted, and some difficulty
will be found by them in replenishing their
stores, as the law will enable US to stop entire.
ly the supplies of these liquors, which have
hitherto been received principally by rail-
road and steamboat.
All those persons who are now selling
these liquors unlawfully in Portland, are do
ing it on very small scale, the supplies
which the most OF them keep on hand are ex.
tremely limited in amount, and every pre-
caution is used to conceal them from the DO
lice. In one shop searched, was found less
than one quart, in two small bottles; in an
other were found only three bottles, contain
ing less than three quarts, concealed in a Gel
lar behind a board; in another, the liquor
was found under the floor, buried in the
earth-and some has been found in deeper
concealment.
Three months ago, there was in this city
several wholesale dealers in liquors; but al
the present time there is not one-the whole
sale business ceased entirely, when the law
went into operation. There was but one dis
tillery in the State, at the time of the enact
ment Of this law, though another was in pro
gress on very large scale. Operations or
1.-THE latter were promptly stopped, and the
i I,thn.. har hnora do..,nlisl.od Az th1 ..noco.a.