The Ohio star. [volume] (Ravenna, Ohio) 1830-1854, 1853-09-28
WAITS the Maine Law,

odous 1t is right, however, that the people should
know exactly what is the character of the enact
ment proposed, so that they can act intelligentIy
Accordingly, to give correct idea of the law, we
publish the following abstract of its provisions, in
the form of question and answer, by Warren Jen-
kns, one of the editors of the Maine Law Advo-
cate, Temperance paper recently started at Co.
lumbus:
Qaest.-What is the Maine Law?
Ans.-1t is a law prohibiting the manufacture
and sale of Intoxicating liquors, to be used bev
erage.
Quest-How does this law provide for the man.
ufacture and sale for purposes other than bever-
age!
Ans.-In the law of Maine there is NO provision
for manufacturing, though some of its provisions
seem TO contemplate i. 1t does, however ploviie
for the sale for Mechanical and Medicinal purpos-
es, by appointing men to sell, as agents, for the
Safe or county. These agents are bound under
heavy penalties to sell only for such purposes
tt ey do not traffic in the article. They do not
buy at all. They only sell, and this they do as
agents of the State or county. They derive no
pecunary benefit from the sale and are in sense
of the word trafickers in intoxicating liquors They
stand in the same relation 10 tie State county
treasurers do; that is they perform certain acts
for the State, for which the State paysthem fix
ed compensation.
Quest.-Does the Maine Law prohibit the use
of intoxicating beverages by individuals or families?
Ans.-No. It's entire prohibition relates to the
she and not to the use
Quest.-What are the penalties for selling con
trary to law.
Ans.-For the first offence, ten dollars: for the
second, twenty dnlars; and Cor each subsequent
offence, twenty dollars and imprisonment not less
than three, nor more than Elk months Costs fol-
low conviction in each case, and the convict stands
committed until fine and cost paid.
The liquors kept for sale. contrary to the provis
ions ofthe statute, are also liable TO be seized and
destroyed by due process of law.
Quest.-Are agents held to be as guilty as the
principals!
Ans.-Yes; and they are liabe to the same pen
allies. .-.-.. ..
Quest.-May the defendant appeal in case of
being found guilty!
Ans.-Yes; by giving bonds conditioned that he
will prosecute the appeal; viii pay the amount of
fine and costs assessed on final hearing, and that
he will not violate any of the provisions of this act
during the pendency ofthe suit. -s
Quest.-What is the process of seizing liquors
kept for sale contrary to law?
Ans.-If TIA ZEE credtable witnesses make oath
before magistrate that they have good reasons to
believe, and do verify believe that Intoxicating liq
uors are kept or deposited and intended for sale,
in any shop, warehouse other building, place,
Except dwell NJ house) search warrant is is
sued, authorizing the search of the premises des-
cribed, and if any such liquors found therein,
the officer making the search must seize and keep
them safey until final action is had thereon. .
Quest.-Are dwelling houses entirely exemp,
from search?
Ans.-Yes; except when witnesses testify 10 the
sa'isf ction of the magistrate that they have good
reasonable grounds for believing that Iquors are
kept deposited there for unlawful sale, and this
testimony must be reduced to writing and signed
by thu witnesses; and when such testimony is pro-
duced,and three witnesses on oath make complain
a search warrant is issued as in case of shops ol
stores.
| If any such witnesses are convicted of giving
f.lse testimony, they shall be sentenced to the Pen
tentiary for one year.
Quest,-When liquors are seized, has the own
er the privilege of making proof that they were
held for lawful purposesl
Ans.-Yes, in all cases. IF the owner OF per
soc in whose custody the liquor isfound is known
he is summoned TO appear at the trial. IL he II
not known, he is summoned by published adSer
tisements.
Quest.-When liquor is condemned, how is i
destroyed?
Ans.-The magistrate issues writ in the IA
ture of an execution, commanding the officers tt
destry the condemned article, and this is done il
the presence of witnesses, and return thereo
made to the magistrate in due form.
/ Quest.-Does the informant complaining wit
ness get any portion of the fnes or forfeiture!
Ans.-No, in no case.
| Quest.-What provision is made respecting thu
payment of cost when the prosecution fails!
Ans.-if the commencement ofany suit shall b'
approved by any Mayor, Alderman,or Select Man
and if such approval is endorsed upon The writ,th'
defendant in any event cannot recover costs.
Quest.-Does the law recognize the right 0
property in liquors kept for sale contrary to law,
to recover money for liquors 20 sold!
Aus.-No; all contracts mnde, and debts con
tracted for Intoxicating liquors, are held to be nu
and void
> Qnest-Does the Maine Law authorize in an.
case the seizure of liquors except on complaint o
oath!
Ans.-Never, except at public gatherings, where
ifpxposed for sale, lat camp meeting, &c.,) th
Officers of the law are required to seize the liquors
arrest the transgressor, and take him before mag
! isirate, when warrant is issued and proceeding
: had as in other cases.
Qnest.--ls there anything in the law to prever
druggists and mechanics from having and keepn
us much liquor as is required in their business?
t Ans.-No; there is not. They are expressl
: authorized to do 80.
!, Quest Wherein does the Maine Law diff
essentially from all previous legislation the al