The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1858-04-09

4, IN. magistrate shall find the eiainant
,i.hIS -, -, n,rt of said liquors, he shall
enu n;,' S,.mrn, against him for the libel
ie" ", 80 .S,s,.. 10 be taxed as IN civil cases
s aus sncb ina cistrate, and issue execution
. ye'oae and shall declare said liquors for
.",,.I ., the city. town or plantation where
ss;yeJ. TIE claimants may appeal aud
shall be required to recognize with suretles
"a ON appeals in civil causes from said
magistrate. ,,.,,
search a dNelliEg-house actually occupied
az such, unless II, or some part OF II, Is used
as an inn or shop, or for purposes OF traihc,
q, nnless the magistrate shall first be salts
6ed. by the testimony Of at least two wit.
ncsses. that intoxicating liquor Is deposited
or kept in such house or It's aPpurtenances,
with ,nten, 10 sell the same IN violation OF
law Before warrant shall be issued upon
sueh testimony. the magistrate shall take
the testimony of the witnesses under oath or
affirmation in writing, aud cause the same
20 be signed and verified by the oath or
alienation OF the witnesses before himself;
and If satisfied upon such evidence, that IN
,ov;cn,ing Gouor is so as aforesaid deposited
=, kcp, in the house described in the COM |
plant or its appurtenances, u also described
In the complaint, he shall so adIudge, aud
,hereupon he shall issue warrant Tor he
search of such house aud It's appurtenances
if described in the complaint, IN the manner
provided in the fourteenth section oil TINS
act, reciting in said warrant that upon the
testimony of the witnesses named IN the
warrant which was taken under oath, sign
ed and verified by the witnesses as above
required, he has adjudged that be IS salts
fed that intoxicating liquor Is so kept as
aforesaid in the premises described.
All the subsequent proceedings shall DC
the same as those TO be had by virtue OF a
warrant issued under the provisions o! the
fourteenth section aforesaid. When any
Justice of the peace shall issue any warrant
for the search Of any premises under the
proyisions Of tins act, the warrant shall DC
made returnable before any justice OF the
peace in the county, excep, IN those cities
and towns wherein a municipal or police
court is established, having exclusive lurls'
dic,ion of all ofenSes cogniZable by justices
of the peace committed within such city
or town, in which case such warrant shall
be made returnabe TO said court. i
Scr. Is. All liquors and vessels declared
forfeited by any court by virtue OF the pro-
visions of this act, shall, by order OF the court
rendering final judgement thereon, be del'v-
cred 10 the mayor and aldermen OF any city,
selectmen OF any town, and assessors OF any
plantation 20 which they were forfeited
Said officers shall examine the same, anu II
they shall determine that any portions are
lit To be sold for medicinal. mechanical OF
manufacturing purposes, they shai! 9e"Ne'
such portions 10 lhe agent OF their city, town
or plantation, to be by said agent sold in &C
eordanee with the provisions OF this ae;.
II they shall ind any portion OF the same
unat for such uses, they shall destroy the
same by pouring them out upon the ground.
All vessels forfeited under the provisions OF
this act, may DO sold by said officers at pub
lie or private sale, and the proceeds thereon
paid into the treasury OF such city town OF
plantation.
son be made upon oath 10 any magistrate
against any person, who Is CLAIMANT u"Ee'
tie pIoyisions OF this act alleging that the
liquors SO claimed by him were. prior to, and
at the time when the same were seized, Kept
or deposited by sad claimant, or by some
person BY his authority, aud intended tor I'M
lawful sale in this state, either by such per-
son. or the said claimant, the magistrate SHAH
issue his warrant against such claimant so
charged, and he shall be arrested thereon,
and brought before such magistrate, and II
found guilty of the ohense therein charged,
he shall be punished by tine OF twenty dol
lars and costs OF prosecution, and stand COM
nlitied until the same be paid or he lie oIheT-
wise discharged by due course OF law
SECT. 20. lfany officer having warrant
issued under this act, committed 10 him.
directing him TO seize any liquors and TO at
flaTpDt. khlll be
prevented from seiz.ng the liquors by their
being poured out or otherwise destroyed, he
shall arrest the alleged owner or keeper named
in the warrant, and bring him before the
magistrate, and make return upon the war
rant that he was prevented from selzing said
hquois by their being poured out or Utaer-
wise destroyed, rs the case may be, ana III
his return he shall state the quantity so pour
ed out or destroyed, as nearly as may De- ana
the magistrate shall put the owner OF keeper
80 arrested upon thai; anu II on the uiai
shall appear by competent testimony 'ha'
such liquors were so poured out OF uesuoyeu'
and that the liquors so poured out or destroy
ed were such as were described IN the war
rant, and they were so kept or deposited
and intended tor unlawful sale, and II the
person so arrested shall be- found TO be o"ner
or keeper thereof. he shall be fined and SEN
fenced in the same manner as he would have
been, ii the liquors described IN the warrant
and in the return had been seized on the
warrant aud brought before the magistrate by
the officer.
SEcr.. 81. If any deputy sheriff, after hav.
ing executed such warrant by seizure shan
die or 90 out OF office before hnal exeeut on
in the proceedings be done, the liquors shall
be held in the custody OF the sheriff or anoth-
CIR deputy. II any other officer shall die or
20 out OF office under like circumstances, u |
shall be the duty OF the magistrate before
whom the proceedings were commenced, 10
designate IN writing some officer lawfully
authorized To execute such warrant, who
shall hold such liquors in his custody until
final judgement and order OF tho court there
ON.
SIcr. 90. Liquors seized as hereinbeiore
provided, and the vessels containing them.
shall not be taken IRON the custody OF the
officer by u writ OF repleyin or other process
while the proceedings herein provided are
pending and final judgement In the proceed
ings herein provided, shall in all cases be
bar 10 all suits Tor the recovery Of any liquors !
seized or the value OF the same, or tor damages
alleged 10 arise by reason OF the seizure anu |
detention thereof.
SECr. %. In matters not otherwise pro-
vided tor. except prosecutions against COM
mon sellers anu those tor oiienses desc. ibed
in the third and tenth sections OF this GCt, /
judges OF municipal courts aud police courts,
ana justices OF the peace, having jurisdiction /
in other criminal matters IN the places where \
they reside, shall have jurisdietiOa by COM
plant, original and concurrent with the SUI
preme judicial court, oil ali prosecutions un- |