Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-04-09

An Act to amend Sections one, two and
fSSs 81 s.s,ins TO na
sscsioa !: Section On. ;. q .;,s.s
, a:s:ss s:nds "a WORD: pu s
ins In place thsrsfor the following: or
upon petition Of not less than seven
any sSa' Of S't she facts Contained herein 70
restrain, en5oin or abate the same and
an injunction for such purpose may bc
Issued by said SSnrs or . any r.
corded within thirty days IN the regis:
try Of deeds In the county whore Said
nuisance Is located and shall forever
or or" structure in which said nuisance is
committed. No dismissal Of such infor-
nation or complaint shall prevent &C.
ton upon any Information or &c. COMPANY sns
subject matter so that said section as
amended shall read. as follows:
Section 1. All places used as houses
Of NJ Saors or r
sorted to for lewdness or gambling; All
houses, shops or places where intoxicat-
ing liquors are sold for tipping pur-
fntoxicating liquors are kept, sold. CIV
en- away, drank or dispensed in any
manner not provided for by law. are
common nuisances, The supreme suu,,
equity. upon information filed by the
county attorney or upon petition OF not
less than seven legal voters OF ms
county, setting forth any or tne iacts
contained herein to restrain, en9oih OF
abate the same. and an injunction TOT
such purpose may be issued by salu
court or any justice thereof. Such m
days in the registry of deeds in the
county where said nuisance is located
and shall forever run against the puiiu
ing or other place or structure IN
which said nuisance is committed. NJ
dismissal of such information or COM
plant shall prevent action upon any IN
formation or complaint subsequently,
filed covering the same suslect mater.
Section g Section two OF said chap-
ter twenty-three is hereby amended by
striking out the whole of said section
and substituting therefor the following:
Section 2. Whoever keeps or main
tains such nuisance shall be fined not
less than two hundred nor more than
one thousand dollars and in addition
thereto be imprisoned not less than SIN
ty days nor more than one year, ana IN
default of payment of said fine shall
be imprisoned for an additional term OF
not less than sixty days and not more
than one year.
ter twenty-three is hereby amended by
striking out all of said section after the
words "to be so used in the iourih
line thereof and substituting tneTeioi
the following: or who. after being no
titled in writing of such Illegal use py
an officer or citizen OF the county In
which the building or tenement is To-
Gated. omitS to take all proper meas
ures either to abate said nuisance or,
failing therein. to eject therefrom the
person or persons maintaining such nui-
sance is guilty of aiding in the malnte-
nance of a nuisance and shall be fined
not less than two hundred nor more
than one thousand dollars and in addi-
ton thereto be imprisoned not less than
sixty days nor more than one year, and
in default of payment Of said hne
shall be imprisoned for an additional
term of not less than sixty days nor
more than one year. so that said section
as amended shall read as follows:
Section 4. Whoever knowingly lets
any building or tenement owned by him.
or under his control, for any purpose
named in section one, or knowingly per-
mits the same or part thereof to he 80
. used, or who, after being notified in writ
ing or such illegal use by an officer or
citizen of the county in which the build
ing or tenement is located, omitS to take
ali proper measures either to abate said
nuisance or, failing therein. to eject
therefrom the person or persons main
tanning such nuisance Is guilty of aid
ing in the maintenance OF n nuisance
and shall be fined not less than two
hundred nor more than one thousand
dollars and in addition thereto be i'm
prisoned not less than sixty days nor
more than one year. and in default of
payment of said fine shall be imprisoned
for an additional term of not less than
sixty days nor more than one year.
(Approved April 5, 1919
CHAPTER l5e.
An Act to repeal Section forty-two OF
Chapter one hundred twenty-seven
and to amend Section twenty-seven OF
Chapter one hundred thrty-siS and
Section one Of Chapter one hundred
thirty-seven of the Revised Statutes.
relating to imposing sentences.
Section /. Section forty-two OF chap
ter one hundred twenty-seven OF the Re-
vised Statutes is hereby repealed.
Section =. Section one of chapter one
hundred thirty-seven OF the Revised
Statutes is hereby amended by striking
out the third sentence of said section.
so that said section as amended shall
read follows:
Section l. No person shall be pun
ished for an offense until convicted
the person and case. When no punish
ment is provided by statute, person
convicted of an offense shall be impris-
oned for less than one year or fined not
exceeding five hundred dollars. In all
cases where a fine is imposed he may
be sentenced to pay the costs Of prose
cution; and for violations of sections
six to thirteen of chapter forty-two and
of sections twenty-five. twenty-three
twenty-four. twenty-nine and thirty
four of chapter one hundred and twenty
seven ne snail be sentenced to pay such
costs
Section 8. Section twenty-seven of
chapter one hundred thirty-six OF the
Revised Statutes is hereby amended by
adding after the word 'life" in the third
line thereof, the words, provided that
the court at the term Of conviction NAV
in Its discretion continue the matter for
sentence. suspend sentence or stay the
execution of sentence, so that said sec.
tion as amended shall read as follows:
Section 81. Sentence shall he i'm
posed upon conviction either by verdict
or upon demurrer, OF n crime which If
not punishable by Imprisonment for
life, provided that the court at the term
of conviction may in its discretion con.
tinue the matter for sentence, suspend
sentence or stay the execution of sen.
tence. although exceptions are alleged
Questions of law may be reserved on q
report signed by the presiding justice
and in such case, and where exceptions
are allowed. the defendant may, wher
the offenSe charged is bailable, recognize
with sureties, in such sum as the court
orders. with conditions substantially as
follows: THE condition of this recog
niZance is such that, whereas there Is
nGW pending and for in IT. the COUNTY court
an indictment against the said
for the offense of in the
course of the proceedings upon which
questions of law requiring the decision
of the justices of the supreme tudicia
court have arisen; now If said
shall personally appear before said
court to be held in and for said county
mt al,