Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1858-05-14
For The Oxford Democrat.
An Act for the Suppression Of Drink
ing Houses and Tipping Shops

Otlcer, Cucu uVSH"N'"" |" uVSiaitu WV
elusive evidence that the persons 50 destroy.
ing kept them for unlawful sale. and upon
the proof Of such destruction they are TO be
fined the same as though the liquors had
been .eitoi. Section twenty-one relates to
the mode Of procedure II an officer dies or
his term OF Office expires bcilre the COM
pletion Of business committed 10 him. SEQ
ton twenty-five provide. tina, liquors shall
not he taken from tho officer having them in
custody during the pcntency Of the suit
Section tweniy.three points out the mode Of
commencing actions. Section twenty.four
relates to appeals. These are placed upon
the same basi. as appeals in other cases,
differing somewhat from tho other prohibit
tory laws which required additional recog.
nirances, and an increase Of fines II convict
ell. Section twenty-five declares that Gus
tom house marks shall not be sufficient proof
that the liquors contained in the vessels are
imported. Section twenty-slx relates ~ tho
treatment Of intoxicated persons who are
found disturbing the peace Of their own
families. or the public, and provides that
they may be taken into custody and re-
strained until a complaint and warrant can
BE- obtained; upon winch they may bc ar.
rested and tried, and, u lound'guilty, zen.
fenced to the county jail not exceeding thirty
days. Hut the judge or Justice may remit
the whole or part Of the penalty when tho
good Of the Public, or the objects Of this
law, or the good OF tho prisoner would be
advanced by hi. discharge. In other words,
Il tho testimony OF the prisoner would lead
IN the conviction Of the rumsoller, and tho
good Of the public, or OF the prisoner, would
be thereby promoted, he Is TO be discharged.
This provision appears to be eminently wise
and just. While il Furnishes the drunkard
II hc chooses bis cups and becomes quarrel
some. it affords to the person oyertakcn by
a weakness OF nature, an opportunity Of
Kidding himself Of The graf temptation, 1.-THE
dram shop,) and community Of common
Hni'anoe. Section twcnty-seven declares
contracts made for liquors Tor unlawful sale
VOID. Section twenty-eisht provides that
liquors owned by towns mast bc conspicu-
ously marked, to protect them from seizure,
with name OF the town and IT, agent. And
II liquor. are 40 marked, and 10 not belong
To such town, It is conclusive proof that
they are KEEP, forNinlawful sale, and renders
them liable to iorfeiture under this act. II
liquors kept by agents are Adultcra,ed or
fac,ltions. and they have knowledge OF the
fact, they are not protected from seizure.
Section twcnty.ninc forbils agents selling
70 minors without the direction in writing
Of his parent, master or guardian, TO any
Indian, to any soldier in the army, TO any
intoxicated person, TO any insane or idiotic
person. or person liable TO be under guard.
ianship. They cannot sell to an intemper.
ate person after having knowledge Of his in
temperate habits from the alderman. select
men or assessors, or relatives Of such per-
SOFAS. Notice given by the municipal officers
Is conclusive evidence, and by the relative
prrsumpti,e evidence OF such habits. Sec
ton thirty makes 1t the duty Of municipal
officers. when informed Of the Incorporate
habits oi any person by the relatives OF such
person, and shall he satisfied Of the fact, 10
give notice of the fact 10 their own agent
and such other agents in adjoining place.
rs they shall deem necessary. Section thirty.
ono provides for the punishment, of agents
violating tho provisions Of this act. Any
agent 80 violating any OF the provisions Of
this act, is liable to pay fine OF twenty
dollars. u suit upon bis bond, and bis license
j. forever vacated. Section thirty.two de-
clares that when an unlawful sale is alleged,
il there is proof Of delivery. it shall not be
necessary to prove a payment for such
liquors 80 sold. IL makes q partner liable
for such unlawful sale Of liquors with his
companion ii done by his knowledge and
assent. The principal, and agent or clerk.
may all be included in the same process IL
makes it the duty OF municipal officers u
commence actions Tor any violation OF tho
provisions Of this act. II any officer un-
reasonably ncslects or refuses Is serve any
process committed h him under this act It
Furnishes him, IL Tor the service Of an execu-
ton 10 the full amount OF the Judgment and
interest, and il a process that requires him
10 take aud commit an offender 10 prison,
the damages not less than fifty nor more
than Eve hundred dollars. Section thirty
three provides tina, person. engaged in the
unlawful .alc OF liquors shall 10 disqualified
IRON sitting upon jury for the trial Of any
case arising under this act. Section thirty.
four repcal' all acts and parts Of acts in
consistent with this act at the time this act
goes into operation, aud noibcforc, and saves
all actions pending at tho time it goes into
operation, but this repeal rerires no adf' re-
pealed by the law Of 1859. Section thirty
FIVE provides that this act shall take effect
on the 18th day Of July. 1858. But, says
the oppOnint Of this bill, thought this act
was to DO submitted to the people, bu. here
!. a perfect bill approved by the Governor,
aud to 60 into operation a! future day.
How i. this' True, it is a perfect bill and
its operation does not depend upon the vote
Of the people. You say that the Lesi'ia'Hre
are to make laws. that the vote Of the peo-