The Portland daily press., 1867-02-26
The Proposed Amendments te the Liasor

The following is copy Of the pih 10 amend
the liquor law, now pending before the Legis-
lature:-
Scot I Anyperson convicted Of selling in
.oS;notino 1ioiiors in violation of section seven
of the act approved . nlafcn twenty fifth, eigh
sion of drinking houses and tippling-shons
shall not only be punished as provided in said |
section. but In addition thereto. he shall ON tbe
first conviction be imprisoned in the comfy |
jail thirty days; and on the second conviction
ne shail be imprisoned in the county iail for
Sect. 2 Any person convicted of being a
common seller of Intoxicating liquors in viola
Vlon OF section eight of the act azores aid, to
wmch this additional, shall not only be pun
lshed as provided IN said section, but in addi-
ZION thereto he shall on the first conviction be
imprisoned IN the county Jail three months;
and on the second conviction he shall be i'm
prisoned in the county Jail four months, as now
provided by said section ON the third and every
subsequent conviction. D. veg
Sect. 3. ANY person convicted OF keeping
drinking house and tippling- in violation
of section ten of the act aforesaid to which this
is additional, shall not only be punished as
provided in said section, but IN additlon tnere-
to on the first conviction he shall be InprlsOn-
ed in the county Jail three months, and on the
second and every subsequent conviction
he shall be imprisoned in the county Jail six
months. 3B
= sect t. The second clause of section four
teen of the act aforesaid, to which this is addi-
tional, shall be amended by inserting after the
first line the words, "if known to COMPLAIN
ants" so that it shall read as follows: "The
name OF the person so, as aforesaid, keeping
said liquors, If known to the COMPLIMENTS
shall be stated IN such complaint" &C.; and
said clause shall be further amended by adding
thereto TIE words, eff the name of the person
keeping said liquors with intent to sell the
same in this State in violation of law, is I'M
known to the compliments they shall so allege
In their complaint and such magistrate shall
thereupon issue his warrant as provided in the
first clause of this section;" and the third
clause of said section shall be amended, by in
sorting after the word complaint, in the fourth
line thereof, the words "or by any other person
or persons with his or their knowledge or con-
SENT" and any person convicted under said
fourteenth section, as so amended, or under
the nineteenth or twentieth sections of said act
shall not only be punished as provided therein,
but he shall, in addition thereto, be imprisoned
Z in the county jail three months. '1W
Sect. 5. Section sixteen of the act aforesaid
to which this is additional shall be amended
by striking out from the first clause thereof
after the word forfeited !" the words to the city
town or plantation in which they were siezed;"
and by striking out the same words from the
last clause of said section after the word "for-
feited;" and Sc ton thirteen OF said act is
hereby amended by striking out therefrom all
after the word forfeited" in the fourth line
thereof -fuou u4d! -H {raG1 ~ I59b
sect. 6. The seventeenth section OF the act
aforesaid, to which this is additional, is hereby
repealed and the following section shall be in
serted, and is hereby enacted in its place, 80
that it shall read as follows: :f. -.
"Sect H. No warrant shall be issued to
search a dwelling house, actually occupied as
such, unless it or some part of it, is used as an
inn or shop, or for purposes of traffic or unless
the magistrate before whom the complaint shall
be made, shall be satisfied by evidence pre-
sented to him, and shall SO allege in said war
rant that Intoxicating liquor is kept in such
house, or its appurtenances, and that said
liquor is intended for sale in this State, in vio-
lation of law" .... ....-. I'm, .-...g "a
Sect. Z. The eighteenth section of the act
aforesaid, to which this is additional, is hereby
repealed, and the following section shall be in
serted, and is hereby enacted in its place, so
that it shall read as follows:
"Sect. ID. All liquors declared forfeited by
virtue OF the provisions OF this act, shall, by
the court rendering final judgment thereon, be
ordered to be destroyed, by being poured upon
the ground, by any officer competent to serve
the warrant ON which the same was seized; and
all vessels forfeited under the provisions of this
act, shall, by said court, be ordered to be sold
by such officer, at pubhc or private sale, and
the proceeds thereof shall be disposed of in the
manner provided for the disposition of fines
in such cases." .. 4rU1 aliiIf in.a. ..lsd 81
Sect 8. The second section of the act afore-
said, to which this is additional, shall not au-
thorize the manufacture for sale of any intoxi-
eating liquors, except pure rum and alcohol
The manufacture Tor SALE of all other kinds of
Intoxicating liquors, except cider, is hereby
prohibited; and any person convicted of viO-
lating this section shall be punished the same
as is provided in section three of the act afore-
said, to which this is additional, for violation
thereof 5aaa sIst3 ID l6saf nI Ia 81
Sect 8. All prosecutions against persons for
manufacturing liquors in violation of law for
keeping drinking houses and hppling shops,
and for being common sellers of intoxicating
liquors, shall be by Indictment and in all 9TH
er prosecutions under this act, and the act
aforesaid to which this is additional, judges of
municipal and police courts, justices of the
peace and trial justices, in their several coun-
ties, shall have jurisdiction by complaint, orig
inal and concurrent with the Supreme Judi
cial Court. All prosecutions in the Supreme
Judicial Court shall be by Indictment. The
magistrates aforesaid, in cases not within their
jurisdiction, may examine and hold to bail, as
in case of other offenses punishable by indct-
inent. And in all appeals from any judgment
or sentence of any such magistrate, in any
proceedings under this act, and the act to which
this sadditlonal, the penal sum in every recOg-
nzance shall be two hundred dollars. No recog-
nizance, in proceedings under said acts before
any such magistrate, shall be less than two
hundred dollars; and no recognizance in the
Supreme Judicial Court, in proceedings under
said acts, shall be in penal sum less than five
hundred dollars. 1i1l'ii'" 9l4 " ga Il
: Sect III. .ltShall be the duty OF every Jus 1
tce of the peace, trial justice, recorder and |
judge of Municipal or Police Court, and ev-
cry county attorney, having knowledge of any |
previous conviction of any person accused OF |
violating this act, or the act aforesaid to which |
this is additional, in preparing complaints, |
warrants or indictments, to allege such preyi- |
Gus convictions therein; and after an indictl
ment in any such case is entered in court, no |
county attorney shall dismiss or fail to prose |
cute the same, except by special order of said |
court. ..-, ....i-t a
Q Sect H. Section twenty three of the, act |
aforesaid, to which this is additional, is hereby |
repealed; and section twenty-nine of chapter |
one hundred and twenty-fourr of the revised |
statutes of this State, is repealed a different |
penalty for the ofiense therein named being |
provided by section twenty-six of the act afore-
said. .... |
Sect ~. This act shall take effect on the fif-
teenth day of March, 1867; but none of it's
provisions shall apply to cases pending under
the act aforesaid to which this is additional, nor
to any violations thereof before this act shall
take effect; and all provisions of the act afore-
said shall be continued in force for the punish
ment of violations thereof prior to the time
when this act shall take effect. st