Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-12-21

part of the penalty to be cancelled on
payment of the fine, if respondent
shall recognize with sufficient sureties
in the sum of $500 to keep the peace
and be of good behavior and especial
ly to violate no provisions of law for
the prevention of the traffic in intox
icating liquors for the term of two
years"
The fine was paid and the peace rec
ognizanee given, but subsequently vio-
lated.
Held:
/. voluntary engagement entered
into on hte part of citizen with the
State to keep the peace and be of good
behavior, and especially not to violate
a particular law Toes not create an
enIorctd ole contract.
,. The sentence in a criminal case
should be definite and certain, and not
dependent upon any contingency or
codition Accordingly, where no stat
ute is found to authorize it, sentence
in the alternative is Dad for uncer-
tainty.
3. There is no statutory provision in
this State for alternative sentence, ex-
cept that contained in Sec. 5, Chap.
1876, r. s, which is special and linn
tied in it's application.
4. After the judgment in criminal
case is rendered AMI the sentence pro-
nounced, the court has no power to
indefinitely postpone the execution of
that sentence. or commute the punish
ment and release the convict there
from in whole or in part
5. The power to pardon, to COM
mute penalties, to relieve from the
sentences of the law imposed as pun
ishment for offences against the State,
has not been given to the courts, but
is confided exclusively to the Cover
nor of the State with the advice and
consent of the Council.
|. 6. 1t is not to be understood, how
ever, that the court has not the power
to temporarily postpone the execution
of its sentence in order that the con-
Wet may exercise his legal rights to
Obtain " reversal or modification of
the Judgment against him, also in
cases where cumulative sentences are
imposed. and perhaps also in some
eases of great necessity and emer
gency. But when the court has pro-
nounced the sentence of the law
against one convicted of criminal Of
fence, it then has no power (unless so
authorized by statute) to make any
order. the effect of which would be to
indefinitely suspend the execution of
that sentences, or to nullify it upon the
happening of Il contingency or to rem
der it void upon the performance of
some condition by the defendant at
his option. and any such order is void
and recognizance given in pursu-
ance of such an order is also void.
/. The words. of the sentence: Fine
$1,000 and in addition Imprisonment at
hard labor in Jail for the term of six
months, and in default of payment of
fine so days additional in JAIL" was
an actual imposition of a sentence au-
thorizeo by statute for the offence of
which the defendant stood convicted !;
and the other stipulation or provision,
that the Imprisonment part of the pen
atty was to be cancelled on payment
of the fine if the peace recegniZance
was given. was without authority of
law and therefore null and void.
s. The recognizance to enforce which
this action is brought not having been
given in compliance with a lawful re-
quirement therefore, is not enforceable.
/ Judgment for defendants.