Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1852-04-15
The Liquor Law of the State of Maine.
AN ACT FOR THE SUPPRESSION OF DRINK
ING HOUSES AND TIPPLING SHOPS

BE IT enacted 6y the Senate and House Of Representatives
in Legislature assembled: foli0rs:
SECTION l. No person shall be allowed at any time
TO manufacture SELL by HIMSELF his clerk, his
agent, directly Indirectly any spirituous liquors
Intoxicating liquors, or any mixed liquors, part of
which is spruons intoxicating, except hereinafter
provided.
SEC. 2. The select men Of any town, and mayor and
aldermen Of any city, the first Monday of May annu
ally, soon thereafter as may be convenient, may
appoint suitable person. as the agentoi said town
or city, sell at central and convenient place.
within said town city, spirits, wines, other inoxi-
eating liquors. be used for medicinal and mechanical
purposes and other and said agent shall such
compensation for bis services the board appointing
him 81 all prescribe; and shall 10 the sale of such liquors,
conform such rules and regulations the selectmen
mayor and aldermen aforesaid shall prescribe for
that purpose Aud such agent appointed aforesaid,
shall hold his situation for year. unless re-
moved by the board from which he received his appoint
ment, he may be at any time at the pleasure Of said
board.
SEC. g. Such agent shall receive a certificate from
the mayor and aldermen selectmen by whom he has
been appointed, authorizing him the agent of such
town city, to sell intoxicating liquors for medicinal
and mechanical purposes only but such certificate shall
not be delivered to the person appointed until he shall
have executed and delivered said board bond with
good sureties in the of six hundred dollars in
substance follows:
Know all men that we-as principal, and
and--as sureties, are holden and stand firmly bound
to the inhabitants of the town d, Cor city, as the
may be- in the of six hundred dollars, be
tors and administrators firmly by these presents. Seal
ed with our seals, and dated ihs-day Of, A. d.
The condition of this obligation SUCH that whereas
the above bonnden--has been duly appointed an
agent for the town Tor city) ofto sell within, and
for and Of said town Cor cty) intoxicating
liquors for medicinal and mechanical purposes and
other, until the day Of, A. D., unless sooner
removed from said agency.
SEC. A. If any person. by himself clerk, servant or
agent shall at any time sell any Prtuous liquors, part
OF which is intoxicating in violation OF the provisions Of
this act he shall forfeit and pay t first conviction
ten dollars and the of prosecutions and shall stand
committed until the be paid the second convc-
tion he shall pay twenty dollars and the costs OF prose-
cuton and shall stand committed until the same be paid
the third and every subsequent conviction he shall
pay twenty dollars and the costs of prosecution and
shall be imprisoned ia the common jail, not less than
three months, than six months, and in default
of the payment of the fines and prescribed by this
section for the first and second convictions, the
shall not be entitled TO the benefit Of chapter It's of the
Revised Statutes until he shall have been imprisoned
two months; and in default of payment Of fines and
costs provided for the third and every subsequent
yction he shall be entitled the benefit of said
chapter 75 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 pre-
of another shall violate the provisions of this
ton, he shall be held equally guilty with the principal
and on conviction shall suffer the penalty.
/ SEC. D. Any forfeiture penalty arising under the
above sections may be recovered by action Of debt
by complaint before any Justice OF the Peace Judge
OF any municipal police court, in the county where
the offence committed. And the forfeiture
vered shall go the where the convicted party
resides for the Of the poor and the prosecutor
com lainant may be admitted witness in the trial
And any of the selectmen board of mayor and
aldermen shall approve OF the commencement OF any
such suit, by endorsing his upon the writ the de-
lendant shall in no event recover any costs; and in all
actions Of debt arising Of this section the fines and
foreitures suffered by the defendant, shall be the
as if the actions had been by pllin And it shall
be the duty of the mayor and aldermen OF any city,
seecmen Of any town, to commence an action in behalf
oil said town CITY, against any person guilty of vo
aton OF any of the provisions oil this act, on being ill.,
formed of the same and being furnished with proof OF
the fact.
SEC. 6. If any person shall claim appeal from
Judgment rendered against him by any Judge JUS
tce, the trial of such action complaint he SHALL
before the appeal shall be allowed recognize in the
of one hundred dollars with two good and sufficient
suretes, in every appealed prosecute his ap
peal and 20 pay all costs, fines and penalties that may
be awarded against him, upon final disposition Of such
suit complaint And before his appeal shall be al
lowed he shall also, in every give bond with two
good and sufficient sureties running the city
where the offence was committed, in the sum of two
hundred dollars that he will not, during the tendency of
such appeal violate any OF the provisions Of the
And reco9nizance bond shall be taken in cases
arising under this act except by the Justice or Judge
before whom the trial had and the defendant shall
be held to advance the jury fees in every of appeal
IN action of debt and in the event Of final convic
ton before jury the defendant shall par 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
of all bonds and ecognzances given in pursuance of this
act, sha 60 to the city where the offence
committed for the of the poor; aud il the recogn-
zacces and bonds mentioned in this section shall be
given within twenty hours after the Judgment the
appeal shall not be allowed, the defendant in the mean
time to stand committed
SEC. 7. The mayor and aldermen of any city, and
the selectmen of any town. whenever complaint shall be
made to them that breach OF the conditions OF the
bond given by any appointed under this act has
been committed, shall notify the person complained Of
and if upon hearing of the parties IT shall appear that
any breach has been committed, they shall revoke and
make void his appointment. Ana whenever breach of
any bond given to the inhabitants of any city in
pursuance OF the provisions OF this act, shall be made
known the mayor and aldermen, selectmen
shall in any manner TO their knowledge, they or
OF them SHALL at the expense and for the use
of said city town. cause the bond TO b pat In suit n
any court proper to try the same
SEC. s. No person shall be allowed to be a manulac-
Of any sprituous intoxicating liquor, COM
seller thereof, without being duly appointed as
aforesaid pain OF orleng the first conviction the
sum of hundred dollars and of persecution
and in default Of the payment thereof the person SO
convicted shall be imprisoned sixty days in the
jail and on the second convicton the person
vlced shall pay the oil two hundred dollars and the
of prosecution and in default of payments shall be
imprisoned four months in the common Jail and on the
third and every subsequent conviction shall pay the
of two hundred dollars, and shall be imprisoned four
months in the common jail of the county, where the Of
fence committed said penalties to be recovered be-
fore any of competent jurisdiction, by indictment
or by action OF debt in the OF the city town
where the offence shall BIO committed. And whenever
default shall be had Of recognizance arising under
this act sclre faeias shall be ssued returnabe at tho
next term, and the same shall not be continued unless
for good cause satisfactory TO the court.
SEC. g. No person engaged in the unlawful traffic IN
liquors shall be competent sit upon any
jury in any arising under this and when nlor