Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1853-08-26

dwelling house, search warrant Is Issued
authorizing the search of the premises desert
bed, aud if any such liquors are found there
in, the officer making the search must seize
and keep them safely until final action is had
thereon.
@. Are dwelling houses entirely exempt
from search!
A. Yes; except when witnesses testify
to the satisfaction of the magistrate, that
there are reasonable grounds for believing
that liquors are kept and deposited there fol
unlawful sale, and this testimony must be re-
duced to writing and signed by the witness
ess; and when such testimony is produced
and three witnesses on oath make complaint
a search warrant is issued as in case of shops
or stores.
If any such witnesses are convicted of Civ
ing false testimony, they shall be sentenced
to the Penitentiary for one year.
@. When liquors are seized, has the ow-
ner the privilege of making proof that they
were held for lawful purposes!
a. Yes, in all cases. If the owner or
person in whose custody the liquor is found,
is known, he is summoned to appear at the
trial If he is not known, he is summoned
by published advertisement.
Q. When liquor is condemned, how is it
to be destroyed?
A. The magistrate issues n writ in the
nature of an execution, commanding the Off
Ger to destroy the condemned article, and this
is done in the presence of witnesses, and a
return thereof made to the magistrate in due
form.
@. Does the informant or complaining
witness get any portion OF the fines or forfei-
ture?.
A. No, in no case.
@. What provision is made respecting
the payment of costs when the prosecution
fails!
A. The commencement of any suit shall
be approved by any Mayor, Alderman, Sc
lectman, and if such approval is endorsed
upon the writ, the defendant in any event
cannot recover costs.
Q. Does the law recognize the right OF
property in liquors kept for sale contrary to
law, or to recover money for the liquors so
sold!
A. No; all contracts made, and debts
contracted for intoxicating liquors, are held
to be null and void.
Q. Does the Maine Law authorize in any
ease the seizure Of liquors except on complaint
or oath!
y. Never, except at public gatherings,
where, if exposed for sale, Gas at camp NEE
ting, &c.) the officers Of the law are required
to seize the liquors, arrest the transgressor
and take him before a magistrate, when a
warrant is issued and proceedings had, as III
other cases.
Q. Is there anything in the law to pre-
vent druggists and mechanics from having
as much liquor as is required in their busin-
ess?
No; there is not. They are expressly aI-
thorized to do so.
Q. Where does the Maine Law differ es-
sentially from all previous Legislation on the
subject of the liquor traffic!
a. 1t proceeds on the principle, lst, that
it is as wrong to sell large as it is a small
quantity. I'd. 1t deals equally with all, put
ting all dealers on a perfect equality. Sd. 1t
makes the liquor itself, which is kept in a
place where merchandise or liquor is sold,
prima tacie evidence against the holder or oc-
cupant of the building; which evidence may
be disproved by rebutting or explanatory tes-
timony. 4th. 1t authorizes and requires that
all liquor kept for sale in defiance Of law, be
seized, and if condemned, destroyed. And
9TH. 1t allows no collection of debt incurred
for liquor and recognizes no value in the ar
ticle, when sold or kept for unlawful purpos-
es. In all these particulars, it varies essen
TALLY from all previous legislation.