Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1858-05-07
For The Oxford Democrat.
An Act for the Suppression OF Drink
ing Houses and Tipping Shops.

ihb AAousSs eHu A'PPAAb Shvfs'
Section four provides that the manufac-
turo Of cider and wine from fruit grown in
this State, and the sale thereof by the man.
ulaeturer, shall be exempt from tho proyi.
sions Of this act. Sections five and six pro-
vide for the appointment Of agents by the
municipal officers Of towns; making it in.
cumbent upon them to appoint some suita-
bic person in each town to sell intoxicating
liquors for medicinal and mechanical aud
manufacturing purposes. aud no other.
Such agents are required to give bond with
sufficient sureties to sell Tor no other pur-
poses than those indicated in the instructions
given by tho municipal officers agreeably
to law. They may sell to the municipal
officers Of towns 20 be by said officers dis
posed Of in accordance with the provisions
Of this act. They can have no interest IN
such liquors, or in tho profits arising from
the sale thereof. Their compensation is
fixed by the municipal officers who are the
only persons authorized To purchase said
liquors. Section seven forbiis all persons
from selling intoxicating liquors contrary
to the provisions Of this act. Any person
20 offending. forleits for the FIRST offence.
upon conviction, ten dollars aud costs of
prosecution the second conviction, twenty
dollars and costs Of prosecution; third, and
every subsequent conviction, twenty dollars
and costs Of prosecution, and three months
imprisonment in the county Jail The pro-
vision Of this section and the penalties arc
the same as the law Of 1858, watch the OPP
poneni. Of prohibition considered as wise
aud judicious in 1855, aud doriarsd oi that
time that they were perfectly satisfied with
those provisions. ScItlon eight applies TO
common sellers. Section nine declares per-
sons selling according To sections . and Of
thu. act are not common sellers Section ten
iorbids the keeping Of drinking house. and
tipping shop. Penalty for keeping such
house one hundred dollars and costs Of pros
ccu.ion N default Of payment imprison-
ment thro, months in the county jail. Sec
ton eleven makes persons selling intoNicat-
ing liquor contrary to law liable Tor damages
and injuries person may commit while m
a state Of intoKication, arising from. the
drinking Of the same. The same provision
Is in the law Of 1856, now existing. This
was thought TO be a wise provision and was
retained in thisact. Section twelve declares
that no liquors shall be kept in this State
for unlawful sale. Section thirteen declares
all such liquors 20 kept, with intent 10 sell,
as contraband. and forfeited to the town
where they are 50 KEEP, for unlawful sale at
the time oi seizure together with the vessels
containing the same. Section fourteen pro-
vides that IL three persons competent 10 DO
witnesses in civil suits, shall make oath that
they believe that liquors are kept or deposit
ed for unlawful sale. she magistrate 'hdg
issue his warrant 10 some ofiScr, command
ing him to search the premises described in
sad complaint. and seize tho liquors, Il
there found, and arrcs, the keeper, (who.o
name must DO in tho complaint,) aud have
him forthwith before some magistrate 20
shew cause. II any be have, why said liquor
with the vessels containing the slms should
no, be forfeited. Sections fifteen and six
teen provide for the liboling Of the liquors
/ 50 seized, the manner Of procedure upon
said libel. the rights Of claimants and tho
duty Of the magistrate. The claimant has
the RICH, to appeal as in civil CASES. Section
seventeen protects dwelling houses from
search unless the magistrate is satisfied by
the testimony OF at least two witnesses, that
, intoxicating liquors are there kept for I'M
lawful sale. Before no can issue hIs war.
rant, be must reduce the testimony 10 writ
/ ing. and the witnesses must make oath 10
the same, and he must recite their icsti-
mony in his warrant, and that the same Is
verified by the oath Of the witnesses, and
that he has adjudscd tina, he IS 'ai'.tisd that
. intoxicating liquors are 50 kept for unlaw-
r iul sale. Section eighteen declares that
8 liquors forfeited under this act shall DO de-
liyered to the municipal officers, and tho
: same shall be by them examined, and II any
= part thereof are fit for sale for medicinal,
: mechanical or manufacturing purposes, they
z shall deliver the same 10 their agent 10 DO
q by him sold agrceably to law but IL they
find the same or any portion thereof unfit
Y Tor such uses, they shall destroy them by
; pouring them upon the ground. The libel
i. ing Of liquors before they are declared for
: lcitod is new provision in this bill. lthas
4 Away, appeared to me to be wrong 10 de-
d clare any contraband article forfeited, with.
out giving public notice, and | have looked
upon our former prohiOitjry laws, as d'f'c'
tre in this particular. This 'TiOus d,loi
has been remedied in this act, and We now
trea, liquors kept Tor unlawful sale precise
}. ~ rs we DO other con,raband goods. An
, other new provision in this bill, Is the for.
fixture Of the liquors to the towns. II tho
liquors are pure, what is the necessity Of
destroying them' The municipal officers
mus, procure liquor Tor the agent why not
sell those forfeited? | am met with the OBJ
jcc,iOn that We are making the same article
D property in the hands Of one man, that We
declare is not property in the hands OF an
other. Admitted. l. this anew priaciplO
in law? Does not the law make the same
distinction IN relation to struggled goods.
II articles upon which government re-
quires duties arc found on board Of vessels.