The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-20
THE MAINE LIQUOR LAW.
An Act for the Suppression or Drinking
Houses and Tipping shops.

II
Houses and Tipping shops.
BE ii enacted By the Senate and House OF Represen-
tatiues, az Legislature assembled, as follo0s =
NOT TO BE MADE OR SOLD AS BEVERAGE.
Section mo person shall be allowed, at any
time, to manufacture or sell, by himself his clerk
servant or agent, directly or indirectly, any spiri-
tuous or Intoxicating liquors, or any mixed liquors,
part Of which is spirituous or Intoxicating, except
as hereinafter provided
AGENTS TO SELL, FOR CERTAIN PURPOSES.
Section The selectmen of any town, and
mayor and aldermen Of any city, on the first Mon
day Of May, annually, or as soon thereafter may
| be convenient, may appoint some suitable person
as tho agent Of said town or city, to sell at some
central or convenient place within said town, or
city, prits Wines or other intoxicating liquors, to
be used for medicinal or mechanical purposes, and
no other and said agent shall receive such COM
pensa,ion for his as the board appointing
him shall prescribe; and shan, in tho sale OF sucn
liquors, CONFORM TO such rules aad regulations as
the seIectmep, or mayor and aldermen, as afore-
| said, shall prescribe for that purpose And such
| agent, appointed aforesaid shall hold his stu
| alton for year, unless sooner removed by the
Board from which he received his appointment, as
he may be, at any time, az the pleasure of said
Board
| CERTIFICATE, BOND, &C.
Section three provides that SUCH agent receive
certificate Of his appointment from the officers who
appoint him. that he shall not sell, until he gives
bond not to Sell for any other than the purposes in
dcated in the second section, and prescnoes the
form CT the bond
|
Section four dencunces the penalties for violation
| OF the law, as follows =
First conviction ten dollars, fine and COSTS to stand
| committed until paid
Second conviction twenty dollars and costs, etc.
| Third and each subsequent conviction, twenty
dollars, costs, and i'm prisonment not less than hree,
nor moro than Fix months-clefks, servants aud
agents, on conviction, to be subject to same penal
ties as principals.
PENALTlEs- HOW RECOVERED, ETC.
Section Any forfeiture or penalty arising un-
der the above section, may DO recovered by an &C
ton of debt, or by complaint before any justice Of
the peace, or judge of any municipal or police
court, in the county where the offence was COM
mitted and the forfeiture 50 recovered shall go
to the town where the convicted party resides. for
the use Of the poor; and the prosecutor COM
plainant may be admitted witness in the trial.
And if any one Of the seecsmen, or board of mayor
and aldermen, shall approve Of the commencement
ofany such'suit, by endorsing his name upon tie
writ, the defendant shall, in event, recover any
COSTS and in all actions of debt arising under this
section, the fines and foIfetures suffered by the de-
PENDANT shall be the same if the action had
been by complaint. md it shall be the duty of
the mayor and aldermen Of sny city. and select
men OF any town, TO commence an action in behalf
of said town city, and against any person guilty
OF violation of any Of the provisions of this act,
with proof Of the fact
CONDITIONS AND CONSTITUENCIES OF ArrFAL.
Section q If any person shall claim an appeal
from q judgment rendered against him. he shall,
before The appeal shall be allowed, recognise in the
sum Of one hundred dollars, with two sufficient
sureties, to prosecute his appeal, and to pay all
costs, fines, and penalties taat may be awarded
against him, upon final disposition Of such suit
or complaint Ard before his apeeal shall be d.
lowed, he sEa, also, in every case, give bond With
two other good and sufficient sureties, ia the SUN
OF two hundred dollars, that he will not, during
the tendency OF such appeal, violate any Of the
provisions Of this act. In the event Of
fDal conviction before heury, the defendant sh III
pay and suffer double the amount of fines, penal.
ties and Eprisenment awarded against him. =
WIEN AGENTS FORFEIT THEIR BONDS.
Section The mayor and aldermen ofany city,
and the feectmen OF any town, whenever COM
plant shall be made to them that breach of the
conditions Of the bond given by any person appoint
ed under this act. has committed, shall notify
the person complained OF, and if upon hearing Of
the parties tshal appear that any breach has been
committed, they shall revoke and make void his
appointment. And whenever breach Of any bond
given to the inhabitants of any city to VI, pur
suance OF any of the provisions Of this act shall
selectmen, or shall in any manner come to their
knowledge, they or some of them shall, st the ex-
pense and for the use Of said city or town, cause
the bend to be put in suit IN any court proper to
try the same.
MAKERS AND COMMON SELLERS.
Section S.-No person shall be allowed to be q
manufacturer of any spirituous intoxicating IL
quor, or common seller thereof, with out being duly
appointed as aforesaid on paG Of iodeiting on the
first conviction, the sum OF hundred dollars and
cost Of pr0secution; 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 prosecution
and in default Of payment. shall be imprisoned four
months in the common jail; and On tho 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.
NO LAwLEss RuMsEIIERs TO BE JURORS.
Section 9-No person engaged in the unlawful
trafhc in intoxicating Liquors shall be competent to
sit upon any jury in any arising under this act;
and when information shall be communicated to
the court that any member Of any panel is engaged
in such traffic, or that nc is believed to be so en-
gagged, the court shall inquire Of the jurymen of
whom such belief is entertained, and no answer
which nc shall make shall be used against him in
any case arising under this act; he shall be incapa-
BILE OF serving on any jury in this State; buth may
decline to answer, in which case he shall be dis
charged by the court from all further attendance
juIyman.
THESE CASES TO STAND FIRST FOR TRIAL, ETC.
Section l0.--All cases arising under this act,
whether by action, indictment, or complaint, which
shall come before 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 actually under arrest
awaiting trial, and the court and the prosecuting
officer shall not have authority to enter nole
aH00qut, or to grant a continuance in any case
arising under this act, either before or after the
verdict, except where the purpose of justice shall
require it..
Liquors MAY BE SEARCHED FOR AND SEIZED.
Section ii If any three persons, voters in the
town or city where the complaint shall be made
shall, before airy justice Of the peace or Judge Of
any municipal or police court, make mplaint un-
der oath or affirmation, that they have reason to
believe, and do believe, that spirituous or intox
catirg 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, IL any store, shop, warehouse or other
building or place in said city town, said Justice
drudge shall issue bis warrant Of search TO any
sheriff, city marshal deputy, to any constable
who shall proceed to search the premises described
in said warrant, and ifaDy spiruousor intoxicating
liquors arc to be found therein, he shall seize the
same, and convey them to some proper place Of
security, where he shall keep them till final action
is had thereon. Bnt no dwelling house in when,
or in part Of which, a chop is not kept, shall be
searched, unless AZ least one Of said complainants
shall testify to some act o. sale OF intoxicating
LIQUORS therein, by the occupant thereof or by his
/ consent or permission, within at least one month
/ nr the time OF mn lnn em.h nnIn nll int And Tho