Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-09-01
Volume XVIII.
THE MAINE LIQUOR LAW.
AN ACT for the suppression of drinking
houses and tippling shops.

the first Monday of May annually, or a
soon thereafter as may be convenient
may appoint some suitable person as tn
agent of said town or city, to sell a
some central and convenient place with
in said town or city, spirits, wines, ant
other intoxicating liquors, to be used fo
medicinal and mechanical purposes anc
nc other; and said agent shall receiv,
such compensation for his services as tn,
board appointing him shall prescribe;-
and shall in the sale of such liquors con
form to such rules and regulations as tn,
selectmen or mayor and aldermen a!
aforesaid. shall prescribe for that pur
pose. And such agent, appointed a
aforesaid, shall hold his situation for ons
year, unless sooner removed by the board
from which he received his appointment
as may be at any time, at the pleasure o
said board.
Sec. 8. Such agent shall receive /;
certificate from the mayor and aldermen
or selectmen by whom he has been ap
pointed, authorizing him as an agent o.
such town or city, to sell intoxicating Ii
quors for medicinal and mechanical pur
poses only; but such certificate shal
not be delivered to the person so appoin,
ted, until he shall have executed and de.
ivered to said board, bond with two
good and sufficient sureties, in the sum
of six hundred dollars, in substance as
follows:
Know all men, that we, az
principal, and and - a.
sureties, are holden and stand firmly
bound to the inhabitants of the town o.
Tor city, as the case may be, il
the sum of six hundred dollars, tc be
paid them, to which payment we bind
ourselves, our heirs, executors and ad.
ministrators, firmly by these presents
Sealed with our seals, and dated this
day of f--, A. D. --.
The condition of this obligation is
such, that whereas the above bounden
-has been duly appointed an agent
for the town Tor city, of --, to sell,
within and for, and on account of said
town (or city, intoxicating liquors fol
medicinal and mechanical purposes and
no other, until the of --,
A. D. -, unless sooner removed
from said agency.
Now, if the said - should, in all
respects conform to the provisions of the
law relating to the business for which he
is appointed, and to such rules and reg
ulations as now are, or shall be from
time to time established by the board
making the appointment, then the obi
cation to be void: otherwise to remain
in full force.
Sec. 4. If any person, by himself,
clerk, servant, or agent, shall at any
time sell any spirituous or intoxicating
liquors, or any mixed liquors, part Of
which is intoxicating, in violation of the
provisions of this act, he shall forfeit
and pay on the first conviction, ten dol
lars and the costs of prosecution, and
shall stand committed until the same be
paid; on the second conviction he shall
pay twenty dollars and the costs of pros
ecution, and shall stand committed until
the same be paid; on the third and eve
ry subsequent conviction, he shall pay
twenty dollars and costs of prosecution,
and shall be imprisoned in the common
jail, not less than three months, nor more
than six months, and in default of the
payment of the fines and costs prescribed
by this section, for the first and second
convictions, the convict shall not be en-
titled to the benefit of chapter 175 Of
the revised statutes, until he shall have
been imprisoned two months; and in de-
fault of payment of fines and costs pro-
vided for the third and every subse-
quent conviction, he shall not be entitled
to the benefit of said chapter 175 of the
revised statutes, until he shall have
been imprisoned four months. And il
any clerk, servant, agent or other per-
son in the employment or on the premi-
ses of another, shall violate the provis-
ions of this section, he shall be held
equally guilty with the principal, and
on conviction shall suffer the same pen
atty.
Sec. 5. ANY forfeiture or penalty ari-
sing under the above section, NAV be re-
covered by any action of debt, or COM
plant before any justice of the peace, Oh
jndge of any municipal or police court
in the county where the offence was com,
mitted. And the forfeiture so recover.
ed shall go to the town where the con
victed party resides, for the use of tn,
poor; and the prosecutor or complainant
may be admitted as witness in the tri
al. And if any one of the selectmen ol
board of mayor and aldermen shall ap
prove of the commencement of any sucl
suit, by endorsing his name upon th'
writ, the defendant shall in no event re
cover any costs; and in all actions o
debt arising under this section, the fine
and forfeitures suffered by the defend
ant, shall be the same as if the action
had been by complaint. And it shal
be the duty Of the mayor and aldermen
of any city, and selectmen of any town
to commence an action in behalf of saiI
town or city, against any person guilt,