The miners' express. (Dubuque, Iowa) 1849-1854, 1854-07-26
MAINE LIQUOR LAW OF 1851.

MAINE LIQUOR LAW OF 1851.
An act for the suppression Of drinking house =
and tiplng shops.
Be 1t ennrted by the Senate nnd House of Re.
pre~tntires in legislature assembled, as fol
o,rs
SIC l. No persons shall be allowed, at any
time, to manufacture or sell. by himself, his
clerk. servant, or agent, directly or indirectly,
any sPirituous or intoxicating liquors, or nry
mixed liquors pari Of which is spriluous or in
toxcating, except as her after provided.
SEC. The sel,ctment of any town, and
mayor nnd aldermen of any ciiY, On the frs,
Monday OF May annually, or as soon the'eaf el
rs may he c"nven'en', may appoint some sui'n
BILE person, as tn" agent Of SAID town or city, Ia
sell at some ceatrai and convenient pace with n
said town or city. spirits. wines, or o.ber intox-
ca'ing lqnors, to be- used FIR mt decimal and me.
chan cal purposes, and no other; and said agent
shall receive such compensation for his services
as the bard appointing him shall pr-cribc, and
shall, in the sale of ssch ligu Rs, conform TO
such rules and regulations as the selecimen o.
mayor and aldermen as Aforesaid shall prescribe
for that purpose. And such agent, appon'ed as
aforesaid, shall hold his situa ion for one year,
un!eso sooner removed by the board from which
he received his appointment, as he may BE- al
.ny time, at The pleasure of said board.
|: SIG. Such agent shall receive a certificate
from the mayor and aldermen or selectmen by
whom he has been appointed, authorizing him,
Rs the agent Of such town city, to sell intox-
cat n liquors for medicinal and merchanical pur.
poses only, but such certificate shall not be DE- :
livered to the person SO appointed, until he shall
han IL, \
with two good and Sufficient sureties, in the
sum of six hundred dollars, in subs ance as FOL
lows.
Know all men that we,--as princpal, and
- end as suri,ies, are holdeh and stand
firmly bound to the inhabitants of the town of
Tor city, as the case may be- in the sum
:of SIX hundred dollars, to be pad,l hem, to which
.paymentwe bind ourselves, our heirs, execu-
tors and administrators, firmly by these presents
Sealed with our seals, and dated this--day
of -, A. ID -
The condition of this obligation is such, that
whereas the allowed bounien-- has been
duty appointed an, agent far the town OR city)
nf--tn sell within, and for; and on account
Of, said town Cor eiy( Intoxicating liquors for
,he-- Of A u -, unless sooner
removed from said agency
Now, it the .ad--sball in the all respects
conform to the provisions of the law relating to
'he. business for which he ia apponte d, aud to
such rules and regulations now are, OF shalt
be from time to time, es.ab lished BY the board
making the appointment, then this obligation to
be void otherwise to retain in full force.
SEC. lfany person, by himself clerk, SER
vant or agent, shall at any time sell any spirit.
nous or Intoxicating liquors. or any mixed
liquors part of which is intoxicating, in viola
ton of the provisions Of this act, lie shall for
felt and pay, on the first conviction, ten dollars
and the costs OF prosecution, and shall stand
committed un Ill the same be paid on the Sec
ond conviction, he shall pay twenty dollars and
the costs of prosecution, and shalt stand COM
m,ted until the same be paid on the third, and
very subsequent, conviction, he shall pay
twenty dollars and the costs o: prosecui on, and
shall be imprisoned in the common Jail not less
than three MONTHS n " m re than six months
and in default ut the payment Of the fines and
costs prescribed by this SECTION, the first aud
second CONVICTIONS, the convict shall not be
entitled to the benefi, of chapter one hundred
and seventy-ive of the revised statutes until h.
shall have b. en- Imprisoned two mn his and
in default Of payment of fines and cost. provi.
ded for the third aud every subsequent convic
ton, he shall no! be entitled t the benefii OF
said chapter one hundred and svrntv-fve OF
the revised statutes until he shall have been
u
servant, agent, or ether person in the employ
ment or on the premises Of another, shall vinl, IT,
the provisions of this section, he shall be held
equally guilty with the principal, and, on con
viction, shall suffer the sam. penalty.
SEC 5 Any forfeiture or penalty arising undel
| the above section may be- r covered by an actor,
of debt, by complaint before any Justice oil
the peace, OF judge Of any municipal or police
court, in he county where the offence was
committed. And the foriesre so recovered
shall GO I" the town where the conxic'ed party
resides, for the use of The poor and the prose-
cutor Or cunplainant may be admitted as q
witness in the trial. And il any one OF the Sc
| iectmen or board vi magyar aud aldermen shell
approve OF the eo,npr ni:ement Of any such suit
by endorsing his name upon the writ, the de-
fendaDt shall ia no even recover any Costs anC
in all actions of debt arising under this sectiaT
he fines and forteitures suf red by The del snd-
ant shall be ths same as # the actions had beer
| by cumpfafnt. And it sal b<, sne duty OF the
mayor and alderman of any city, aud selrctn'er
| OF any TOW n, t. co.nInrnce an action, In b hal
OF said town or cpy, against any person guilty
If Is violation of any OF the provisions OF 'hi'
/ act, on being informed OF the sane, and being
tu7nished with prouf ri The fact.
| SEC 8 ifany person shall clam a. appea
from judgment rendered a. ainsl him by any
Judge or Justice, the trial OF such nc / n OF
complaint, he s. all b fore The appeal shall b.
allowed, recognise in TIL sum of ono hundred
dollars, with two good ard susiici. n; sureties, j,
every case So appealed, to pos cute his appeal
and To pay all costs, fines, and penalties tina
may be awardt against him upon a final dis
position nj suit or complaint And b. fore hi
| app, al shall be allowed ne. shal. also, IN ever,
case, give bond, with two other good ant
| eff. ~,
whsfe the offence com Bitted, in the sum o
! So 0, that he will lot, DUNG the tendency o
such appeal, violate any oil the provisions oftl,
| act. And no recoghizlGce or bond shall b.
| taken in cases arising under this act, except BY
| the Justice or Judge before whom the trial wa
had and the defendant shall be held to advance
| the jury fees in every case OF appeal III an &C
| ton of debt; and in the event of final convic-
| ton be fore Jury, the defendant shall pay anc
suffer double the amount Of fines, pena ties, ane
| imprisonment awarded against him by the
Justice or Judge from whose judgment the op
| peal wa. made The forfeiture for all bond:
and recosn zances given in pursuance of this &C
shall go TO the town ~ city where the offence
was committed, for the Use of the poor; and i
the recognizances and bonds mentioned in thi.
see ion shall not be given WI hin "a hours afel
| the Judgment, the appeal shall rot be allowed
tie defendant, in the mean time, TO stand COM
mitted
SEC Z. The mayor and alderman of any city
and the selectmen OF any town, whenever COM
plant shah be made 10 them that breach oil
the conditions of the bond given by any person
appointed under this &C, has been committed
shall notify the person sonpained of; and it,
| upon hearing Of the parties, 1t shall appeal
that any breach has been committed, they shall
reYoke and make void ,he appointment. And
whenever any bseach Of any bond given to the
inhabitants Of any city or town in pursuasce of
any of The provisions of this act shall be made
known to the mayor and alderman, or select
men, or shall in any manner come to their
knowledge, they, pr some one of them, shall, at
the expense and Tor the use Of said city or town,
cause the bond to be put in suit in any court
proper to try the same.
SEC 8 No person shall be ALLOW ed to be a