The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1858-04-09
Vol. XIV-No. Is.

pal, and on conyic Ion, shall suiIer like PEN
atty.
Seer. s. No person shall be com.
mon seller OF intoxicating liquors. Any
person convicted Of violation of this Sec
iion. shall be- punished by fine OF one hum
dred dollars and costs of prosecution, and IN
default OF the payment thereof, he shall be
imprisoned sixty days in the county jail.
On second conviction, he shall be pun.
ished by a fine oftwo hundred dnllars and
costs OF prosecution. and IN default 81 pay
men, thereof shall be Imprisoned -four
months In .hc county jail.
On a third and every sub'equeh, eonvie-
,ion. he shall b. punished by ine Of too
hundred dollars and costs ofno.ccuiiCn aud
Imprisonment four months IN the county jail
and in default oi payment oi the hnc and
costs, he shall be punished by four months
sddiuon,l imprisonment.
Srcr. y. Person. selling BY authority
and according 60 the provisions ofthe second
and fhh sections Of this act. are not CON-
mon sellers.
Srcr. 10. No person shall keeps drink
INC house and uPPlIng shop within this
state.
lfsny person shall sell any Intoxicating
liquors, In any building. vessel or boat, IN
this state. contrary 10 the provisions OF this
act, and the same are there drank, he sbsll
be deemed and held TO be guilty Of keeping
q drinking house and tipping shop.
Any person convicted Of keeping drink
ing house apd tippling shop within this
,ta,e, shall be punished by . fine Of one
hundred dollars and costs Of prosecution,
and in default Of payment thereof by i'm.
prisonment In the county jail three months.
SEcr. II. lfany person not authorized
ss aforesaid, shall sell any intoxiesting
liquors to any person, he shall be liable for
oil the injuries which such person may
commit while in q state Of intoxication sris.
ing therefrom, in an action on the case In
favor Of the person injured.
Sect. IL. No person shall deposit OF
have in his possession any intoxicating
LIQUORS with intent to sell tho same in this
state in violation Of law, or with intent that
the same shall be so sold by any person, or to
aid or assist any person In such sale there
Of. 49,.
Seer. I3. All intoxicating liquors kept
and deposited in this state, intended for un-
lawful sale in this state, and the vessels in
which they are contained, are hereby do
clared contraband and forfeited TO the cities,
towns and plantations in which they are 10
kept at the time when they arc seized by
virtue Of any Of the provisions Of this act.
SECT. Ia. II three persons, competent
to be witnesses In civil suits, shall make
complaint upon oath or affirmation before
any Judge Of any municipal or police court
or justice Of the peace, that they believe In
toxicating liquors are unlawfnlly kept or de-
posted in any place in this State by any
person or persons, and that said liquors arc
intended for sale within this State in viola
ton Of law, such magistrate shall issue his
warrant directed to any officer having power
to serve criminal process, commanding such
officer to search the premises described and
specially designated in such complaint and
warrant, and II said intoxicating liquors are
there found. to seize the samc with the ves-
sells in which they are contained, and them
safely keep until final action on the same,
and make immediate return OF said war
rant.
The name Of the person so as aforesaid
keeping said liquors, shall be- stated in such
complaint. aud the officer shall be COM
manded by said warrant, If he shall find said
liquors, To arrest any person or persons, and
have him OF them forthwith before such
magistrate for trial.
If upon trial the court upon the evidence
adduccd sh. u be Of opinion that the liquors
were so as aforesaid kept, deposited aud in
tended for unlawful sale by the person or
persons named IN said complaint, he or they
shall be found guilty thereof and sentenced
to pay a fine Of twenty dollars and costs Of
prosecution, aud in default of payment there
OF. to be imprisoned thirty days In the
county Jail.
II upon trial such magistrate shall find
such person not guilty he shall be dlscharg-
cd.
SECT. Is. When liquors and vessels are
seized as provided in the preceding section,
il shall be the duty Of the officer who made
such seizure, Immediately to libel tho liquors
and vessels so seized by linn by filing With
the magistrate before whom such warrant Is
returna5le, libel against such liquors and
vessels, setting forth their seizure by him,
describing the liquors and their place Of
seizure, and that they were deposited, kept
and intended for sale within the state in
violation Of law, and pray for = decree Of
forfeiture Of said liquors and vessels, and
such magistrate shall thereupon fix q time
for tie hearing Of such libel, and shall issue
his monition and notice Of such libel, to all
persons interested, citing them to appear at
the time and place appointed, and ehew
cause why said liquors and the vessels In
which they are contained, should not be de-
clared forfeited, by causing q true and at.
tested copy OF said libel and monition, TO DO
posted in two public and conspicuous places
10 tho town or place where said liquors were
seized, ten days at least before the day TO
which said libel 10 returnable.
SECT. l6. II no claimant shall appear,
such magistrate shall, on proof Of notice a.
aforesaid, declare the same forfeited TO tho
city, town or plantation In which they wsre
seized.
Ifany person shall appear and claim such
liquors, or any part thereof, as having right
to the possession thereof at the time when
the same were seized, be shall file with such
magistrate such claim in writing, stating
specifically the right so claimed, and The
foundation thereof the items % claimed,
and the time and place Of the seizure, ana
the name Of the officer by whom the Same
were seized, and in II declare that they very
not 30 kept or deposited for unlauiuI sale,
a alleged in said libel and moninon, ana
.iso stste bis business and place OF residence,
.nd sh,II sion and make oath or animation
- ,bs truth Of tbe same before said msgis-
trate.
If.ov person shall 90 make claim, he shall
be- .dmi,ted as party to the process and
the said magistrate shall proceed to deter.
mine the truth Of the allegations In said
claim and libel and may hear any pertinent
evidence offered bY the libellant OF claim