The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-01-04

The exact provisions of the statutes O Maine
in relation to the sale of Intoxicating liquors
may become matter of great interest to
large number ofpersons, in possible and rather
probable contingencies We therefore publish
the following s7nupss of the various laws on
this subject, given by the Lewiston Journal
The act OF 1853, entitled " An act for the sup
preston of drinking houses and tipping shops."
as amended in 1864, 1867 and 1868, provides that
No person shall be allowed at any time to
sell by himself, his clerk, servant or agent d.
rectly or indirectly, any intoxicating LIQUORS {"
Ale, porter, strong beer, lager beer and all
other malt liquors shall be considered intoxi-
eating liquors, as we'll as distilled spirits.'' The
question as to what other dripks are intoxicat
instructions of the judge.
Exceptions. ~ One agent in each town or
city, appointed by municipal authority is per
mitted to sell Intoxicating liquors solely for
medicinal and mechaaical purposes. (2) Wine
made from fruit grown in this State may be
sold by the manufacturer or by apothecaries
solely for medicinal and sacramental purposes.
lS) Pure cider may be manufactured and sold.
In all other cases the seller of intoxicating
liquors, either clear or mixed, is liable. Even
an agent is liable for knowingly selling impure
liquors.
Proof When an unlawful sale is alleged
and delivery proved, it Is not necessary 10
pr1ve payment The discovery ION SEARCH
VI HQuOES III sDOr6, SGuTe-uOuSc, StOp or dwell
ling house partly used as a shop is evidence of
unlawful sale. A search warrant issues On
complaint of three persons that they believe
Intoxicating liquors are in any place deposited
intended for unlawful sale. When liquors are
poured out while search is going on the
keeper is arrested and the fact of pouring out
is evidence of his keeping liquors for unlawful
sale
Penalties ~ For single illegal sale of
liquor on the first conviction fine of $50 or
m snnmnnf pfU do saf fha
the judge. On each subsequent conviction a
fine of $40 and Imprisonment three months.
W For being common seller (Which is
proved by three sales, on the first conviction
me OF Sloo or imprisonment three months at
the discretion of the Judge; on the second and
each subsequent conviction a fine of 5000 and
imprisonment four mouths
~ For keeping tippling shop a. e. for
selling liquors in any place Illegally and allow
ing it to be drunk on the premises. ON the first
conviction 800 fine or three months impris
onment at the discretion OF the court and on
each subsequent conviction 500 fine and six
months imprisonment
az On search and seizure ii. e. where IL
quors are discovered on search and seizure)
forfeiture of the liquors and vessels and, on
first conviction, fine of $50 or imprisonment
three months at the discretion of the Judge; ON
the second aud every subsequent conviction q
hne of $50 and Imprisonment three months.
~ In addition to the above, the nuisance
act of 1853 declares all places used for the ile-
gal sale of intoxicating liquors, las well as
houses of i'll fame) common nuisances, and
Furnishes ~ the keeper of such nuisance by
fine not exceeding one thousand dollars or BY
Imprisonment not more than one gear; (2) the
use of any leased premises for the illegal sale
of liquors, annuls the lease and allows the
owner to take possession at once; and (3) any
person who knowingly leases any premises tor
the illegal sale of liquors or who knowingly
allows any part of bis leased buildings to be SO
used, shall be deemed guilty of aiding in the
maintenance of such nuisance and be punish.
ed by fine of not less than one hundred nor
more than one thousand dollars, or by i'm
prisonment in the county jail not less than
thirty days nor more than six months,
Decisions. The Supreme Court of this State,
and the United States Courts on appeal have
repeatedly held these provisions constitutional
The Supreme Court of this State has also de-
cided that person may be indicted for sim
gle sale, for keeping a tippling shop and for
maintaining nuisance, and be convicted and
punished on each indictment, on the same
testimony and at the same term of court
The execution, Of these lars: An act approved
March 7th 1868, makes it the special duty of
the Mayor, Aldermen, City Marshal and po-
lice officers of cities, and the selectmen and
constables of towns to make complaints.
against volators OF the laws which prohibit
the Illegal sale of intoxicating liquors, and to
enforce these laws. County ATTORNEYS are
prohibited from disseminating prosecutions
except with the consent of the presiding
Judge. aud in cases where parties indicted
have been previously convicted of liquor SELL
ing. this fact County Attorneys are required
to state in the indictment