The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-03-14

.cOntaincu. but NO tuCu NhIItut onah A'o"N
without special designation Of the place to
be searched, and the liquors to be seized nor
unless the magistrate shall be satisfied that
there Is probable cause TO believe the facts
alleged in such complaint.
SECT. 90. The person against whom such
complaint may be made, shall be prosecuted
according to law, for keeping said liquors
for such purpose, and If il shall appear on
trial, that ssd liquors were kept BY him
with intent TO sell the same in this state,
contrary 10 law he shall DO sdjudged guilty,
and shall DO sentenced to pay the costs of
prosecution, and the said liquors, with the
vessels containing the same, shall be declar-
cd forfeited. lie may appeal from such
judgement 70 the court next 90 DO holden
within said county, having jurisdiction by
appeal from justices Of the peace, and If such
appeals shall DO taken, the said liquors and
vessels shall be kept by the officers having
them il, custody, until judgement shall be
rendered. on said complaint, And If the
final judgement shall DO against the persons
complained of. he shall be sentenced 10 pay
the costs Of prosecution, and the said liquors
and vessels shall be declared forfeited and
IN that case, as well as upon conviction be-
fore q magistrate without appeal, shall be
delivered by order Of the magistrate or court,
10 the aldermen, selectmen or assessors, re-
spectiyely, of the city, town or plantation
In which the offence was committed, 70 be
by them disposed Of for the benefit Of such
city, town or plantation, or the said liquors
may be destroyed, as they shall deem the
public interest may require. Andthey may
sell the same 10 any person authorized under
this ACT 30 have, sell ar use such liquors (;
bat NO such sale shall authorize the pur-
chaser 10 sell the same again contrary b.
the provisions of this act. The magistrate
before whom any complaint may be made,
under the provisions OF the eighteenth sec
ton, shall have power to hear and deter
mine all cases arising under the same, ire
spectiye Of the value Of the property seized.
Ifany person, who has taken anappeal from
the judgement Of the magistrate shall fail 10
prosecute his appeal, be shall be defaulted
on his recognizance, and the court shall ad-
judge the liquors remaining in the custody
Of the officers to be forfeited, and shall order
them 10 BE- delivered TO the officers Of the
city, town or plantation, ss Aforesaid, 10 he
disposed of as above provided.
Sxrf. 81. No action shall BE- maintained
upon any claim or demand, promissory note,
or other security originating in whole or in
part, for Intoxicating liquors, sold in viola
lion OF the provisions of this act; but the
provisions of this section shall not extend to
negotiable paper in the hands Of any holder
for valuable consideration and without
notice Of the illeyality of the contract.
SEcr., 90. 1t shall be the duty Of the al
dermcn, selectmen and assessors, respective
~ in eyery city town or plantation, TO prose
cute for all violations Of this act.
SrCT- %. fany person authorized UNI
der this act Us Aforesaid, 10 sell intoxicating
liquors, shall sell the same to drunkard, or
to any one while intoxicated, knowing them
to DO such. or shall sal any such liquors 10
any person after having been notified as in
section eight of this act is provided, he shall
d. liable for all the injuries, which such
drunkard, or intoxicated person, or person
10 whom liquors are forbidden 20 be sold as
aforesaid, shall commit, while in state of
intoxication, arising from drinking the Ia
quors SOLD as aforesaid, in an action ON the
case, in favor Of the persons injured.
SELF. o.. Ii any person, not authorized
as Aforesaid, shall sell any intoxicating IT.
quors 10 any person, he shall be liable for
al the injuries which such persons may COM
nit while in state Of intoxication arising
from drinking the liquors aforesaid, in an
action on the case in favor Of the person IN
jured. ... -.
.SEer. 2j. No person shall sell within
this State, any intoxicating liquors which
are impure, fabricated or adulterated. IL
any person shall violate. the provisions OF
this section, he shall be punished By fine
not exeecding one hundred dollars.
SEcr.r26. If any person shall appeal
from a judgement OF a justice Of the peace
or Judge ola municipal or police court, up
on complaint for any unlawful sale OF intOk-
icating liquors, and Shall be convicted at tho
same term Of the appellate court upon three
such complaints, he shall be deemed COM
mon seller of intoxicating liquors, and shall
b. punished by fine or Imprisonment, as
provided m the fourteenth section Of this
act.
SECT. %. ANY person who shall lease or
let any building To another, or make any
contract for the use and occupation of any
building By another, knowing that intoxicat-
ing liquors arc to be sold therein, contrary
to law, shall be punished by fine therefor,
not exceeding five dollars, for every day such
liquors may be sold therein, TO be recovered
by complaint or indictment.
Srcr. %. fthe tenant or occupant of
any baildng, under any lelse, or contract
for usc and occupation, made subsequently
% the time this act shall take effect, shall
sell any intoxicating liquors therein, con-
trlry to law, his estate in the premises shall
thereby he determined, and the owner of the
building may recover possession thereof, ac-
cording TO law, without any notice TO quit.
sEcr. -. justices of the psace, and
judges Of municipal and police courts, shall
have Jurisdiction by complaint, of all prose-
cutions under this act, where the penalty
provided for the otiensc, cannot exceed TWEEN
~ dollars, and may try the same and pas
sentence thereon. But where the punish
ment may bc fine exceeding twenty dol
lars. or by imprisonment, the prosecution
shall be by Indictment, and the magistrates
aforesaid, shall have power upon complaint,
in such cls,s, 10 examine and bind over, us
in other CASES Of olienss which are subject
10 indictment. IT,. .r..
Sncr. ~, NO prosecuting oihcer shall
discontinue any legal process commenced
under the provisions Of this 40, except by
tho direction OF the court before which such
process may DO pOnding.
SEcr. 81. ANY intoxicating liquors be-
longing 20 cities, towns and plantations, az
the time this act shall take elTeSt, and
then remaining in the hands OF their agents,
NAV be disposed Of under the direction Of
the sldermen, selectmon and ASSESSORS, re
spcctirely, Cor such purposes as were before
that time authorized BY law or the same
may .bc sold TO persons who shall be author
lied under this act 10 sell intoxicating IL
quors.. all such agencies shall be closed,
and the said liquors remaining in the hands
Of agents, disposed OF within sixty daya
thisRct shalitake effect. All such agents
shall b. held 10 adjust and settle their ac-
counts with their respective eities, towns
and plantations.
SRcr 40 The oct onpr,,,,l NTar.h IGth