The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1858-04-09
, ,o,, i III. ,,..r,,,,.s .sa,, b. q. hundred

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.nee taken by virtue AZ the provisions OF this
act. .hal he remit,ed by any court within
thisfstate in any suit thereon. nor ahaii any
surety in any such recogni,ance be disensrged
from his liability therein by a suiielaef Oh
his principal in court, after he mas oeeh ae-
faulied upon his recognisance. =
The appeals of claimants provided tor IN the
sixteenth section OF this act. shan De entered
as all other appeals in criminal cases. ana
subject to the same requirements Oh Ia" aP-
pertaining to them.
SEcr, Is. Custom. house certihcates oil
importation. and proofs OF marks on 'ne vsks
end packages corresponding thereto shaH no,
be received rs evidence that the Identical
liquors contained In said casks and packages
were actually imported in said casks ana
packages in any proceedings under TINS act
Seer. 90. Any person hereafter 'ouha IN
toxicated in any OF the streets OF hBh"a!s'
or being intoxicated in his own mouse; OF IN
any other building or place, who shall Dec me
ouarrelsome, or in any way disturb the pub
he peaee, or that of his own or any other lam
ily, so as to render il necessary Tor the ponce
or peace officers TO interfere, may DC .aAen
into custody BY any sheriff, deputy sheriff.
constable, marshal, deputy marshall police
officer, or Waterman, and committed 10 the
watch-house or restrained in some other SUIT
able place, till a complaint can be made and
warrant issued in due forn, upon wn,ch ne
may be arrested and tried, and II iound gum!
of being so intoxicated in the streets OF hisn-
WAYS, or of being intoxicated IN MS own houso
or any other building or place, ana oeco"h'ns
ouarrelsome and disturbing the public peace
or that of his own or any other iamiiy' ne
shall be punished by imprisonment III 'he
common Jail. not exceeding thirty days. ou'
said Judge or justice may remit any portion
OF said punishment, and order tne PRISONER W
be discharged, whenever he shall become sat
isied that the objects of this law. and the
GOOD of the public and of the prisoner would
be advanced thereby.
STrr. OF. No action shall be maintained
unon any claim or demand, promissory note.
or other security contracted or given Tor IN
toxic,ting Iiouors, sold in violation OF the pro-
visions OF this act, or tor any such liquors
purchased out of the state with intention 10
sell the same or any part thereof in violation
of this act; but the provisions OF this section
sball not extend to negotiable paper in the
hands of any holder for valuable considera-
ton and without notice 81 the il!eSali'y oi
the contract.
SEcr. %. No such liquors owned by any
city, town OF plantation, or Kept by any agent
of any city, town or plantation, as is provided
in this act, shall be protected against SEIZURE
and forfeiture, under the provisions OF TINS
net, by reason OF such ownership, unless all
the casks and vessels in which they nre con.
tanned shall be at all times plainly and con-
spieuously marked with the name OF such
CITY, town or plantation, and OF its agent.
When any such liquors shall be seized, oear-
inc such marks rs are by this act required 10
be put upon liquors owned by cities, towns
or plantations, 1t such liquors are IN Tact not
owned by any such city, town or p'antauoh'
such false and fraudulent marking shall DC
conclusive evidence that the same are KEPT
or DEPOSITED for unlawful sale, and render
them liable 10 forfeiture under the provisions
OF this act.
The liquors kept for sale by such agent.
shall not be adulterated or Fictitious; ana
shall not be protected from seizure ana ici'
f.iture If a,lulterated and Fictitious and they
have knowledge OF the tact, by reason oil De-
ing kept Tor sale by such agents.
sECT. ~ No person, authorized rs aiore'
said To sell intoxieating liquors, SHAH ser sush
liquors TO any minor without the aireeuoh ~
Writing OF his parent. master or GUARDIAN 10
any Indian, TO any soldier in the army 10 am
dTunkard. to amy intoxicated person. OF 70
any such persons as are descrioea III 'he
fourth section of the sixty-seyehth chapter OF
the revised statutes, as being liable to guard.
iansLip. knowing them respectively 10 oe oil
the condition herein prescribed; nor TO any
;n,emperate person, OF whose incorporate
habits he has been notified by the relatives
OF such person, or by the aldermen, seiecimen
or assessors, respectively OF any city, town OF
plantation. And proof OF notice 80 gwen oy
aldermen, selectmen or assessors or ny 'heit
authority, shall he conclusive OF the TACT oil
the intCmpeIate habits OF such person, Ia any
prosecution or suit under this act; anu houeS
so given by the relatives Of such leisoh sha''
be iIesumptiye evidence OF such hatns'
SECT 50. IL shall be the duty OF ihe aiuer'
men, seleetmen and assessors aioresau' Wneh'
ever they shall be informed by the Ieianve'
of any person that he is OF intempeIa'e hao's'
and shall be satisfied that such Is ,he 'ae''
forthwith to give notice thereof, 10 al petson'
authorized to sell intoxicating liquors WITHIN
their respective cities, towns ana piah'auohs'
and in such adjoining places as 'hey ma! aee''
eSpedient. ,,.,,, =.
Seer. 81. Any person, authorized Us
aforesaid. who shall violate'any OF the pro-
vision, OF the first section OF this act, shall be
rnnisbsd. ON conviction therefor, by a fine oil
sLsu ,lso be liable, notwithstanding such
o,ryic,ion and punishment, TO a suit upon his
bonl Given as aforesaid; and 1t shall be the
duty of the aldermen, selectmen and assessors
resi- ectiyely, OF the city. town or plantation
10 which such bond was given, To cause ,he
same 10 be put in suit and prosecuted 10 )uog-
ment and satisfaction to the use OF the ei'y'
town or plantation. The court by when
judgement shall be rendered upon any sueh
bond. or upon any bond requiredto DO gwen
nv This net. shall have such chaneery powers
therein. as the supreme judicial court now
has i'm cases OF forfeiture OF penaiues 70 the
state. And whenever any such cohVieuoh
shall be obtained or judgement recovered as
aforesaid, all the authority OF such person 70
sell Intoxicating liquors shall be ABSOLUTELY
vacated: and il shall be the duty OF the alder
men. selectmen and assessors respectively 10
revoke such authority whenever they shall
be satisfied of any violation OF the conditions
OF the same. r., - :.
SrcL. 80. Whenever an unlawful saio Is
slle,ed. and a delivery proved. 1t shall not
no necessary to prove payment, but sueh
delivery shall be sufficient evidence oil SAFE
A partner in business shall be liable Tor the
unlawful keeping or selling OF his copartner'
done in the eopar,nership business, or by any
other person, in any shop, store, or other
place OF business, OF such copartnershiP, with
his knowledge and assent.
A principal and his agent. clerk and ser
want, may all be included in the same CONF
plant and process, a
The mayor or aldermen. selectmen or as
SCISSORS, may cause a suit TO be commenced ON
any bond or reeognizanee given under this
act in which his city. town or plantation Is
interested. and the same shall be prosecuted
to hnal judgement unless paid in full with