The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1917-04-12


the following and sentenced to
fine not less than one hundred nor
moro than Ave hundred dollars and
costs and In addition thereto be I'm
prlsoned not less than two nor more
than six months and In default of
payment of said fine and costs he
shall be imprisoned SIX months addi.
tional. The payment OF the United
States special tax as liquor seller.
or notice of any Kind In any place of
resort, indicating TINT intoxicating
liquors are there sold kept or given
away unlawfully. shall be held 10 be
prima faeie evidence that the person
or persons paying said tax. and the
party or parties displaying said no
tiees, are common sellers of intox-
leatiuS lev. and ths u ~dsH= -
* 49, by aT1mah distances. ~.
II hat said Ion a amended shall
read as follows
Section 20. II any person compo-
tent to be a witness IN civil suits.
makes sworn complaint before any
judge of municipal or police court
or trial justice. that he believes that
Intoxicating liquors are nnlawfaliy
kept or deposited in any place in the
state by any person, AMI That II"
same are intended for sale within
the state In violation of Jaw. such
magistrate shall issue his warrant
directed to any officer having power
to serve criminal process. command
ing MIN to search the premises de
seribed md specially designated In
such complaint ard warrant, and II
sAid liquors are there found. to seile
the same, with The vessels In Whlcn
they nre contained. and them saf L
keep until final action thereon. and
make immediate return of said var
rant. The name of The person 80
Keeping said liquors rs aforesaid, #
known to the complainant. shall be
stated I'm such complaint, md the Of
fierr Shall be commanded by said
warrant II he find said liquors Ia AZ
~ ff4,f Il i t.a11 Ii
answer rs keeping said liquors ia
tended for unlawful snle. Any per
son who may be suspected of selling
from, of keeping for Illegal sale In
his pockets, intoxicating liquors. may
be searched in the same manner and
by the same process As is provided
for the search of places. and If
liquors nre found upon his person.
liquors were kept and deposited by
him In any place. If fluids are
poured out or otherwise destroyed
by the tenant, assistant or other
person. when promises are about TO
be searched, manifcstly for The pur-
pose of preventing their seizure by
officers authorized to make such
search and seizure. such fluids may
and intended for unlaw ful sale. and the
penalties shall be the same as II said
liquors had been seized II tho name
or the person keeping such liquors
- w II u TIE complainant, he
shall SO allege In his complaint. and
the magistrate shall thereupon issue
his warrant as provided In the first
sentence of this section. II upon
trial. the court Is of the opinion that
the liquor was SO aforesaid kept and
intended for unlawful sale. by the
person named In said complaint, or
by any other person with his knowl-
guilty. thereof. and sentenced to
fine OF not less thnn one hundred nor
more than five hundred dollars and
costs and In addition thereto be
imprisoned not less than two nor
OF payment of said fine and costs he
shall be imprisoned six months ad-
ditional The payment OF the United
states special tax as a liquor seller
of resort, Indicating that intoxicat-
Ing liquors are there sold kept or
given away unlawfully shall be held
TO be prfma facie evidence that the
person or persons paying said tax.
and the party or parties displaying
said notices. are common sellers OF
intoxicating liquors, and the prem
ises so kept by them common nuts
ances.'
Section g. Section forty-fve Of
chapter one hundred twenty-seven OF
the revised statutes Is hereby amend
ed by striking out all the words after
tho word costs" In the twelfth line
.hoi CYL aud hubStllull1R tneTerOr tho
following: The mayor, aldermen. Sc
lectmon, assessors and constablea In
every clty, town and plantation. shall
make complaint and prosecute all vio-
lations and promptly enforce the laws
or this chapter; and the wllful or
corrupt neglect or refusal OF any OF
the said officials to enforce the said
laws shall be punished by a fine not
exceeding one thousand dollars or by
Imprisonment not exceeding one year
If municipal officer, after being fur
nished with written notice of q vio-
lation OF this chapter. signed by two
persons competent to be witnesses In
civil suits, and containing tho names
ana residences of the witnesses to
prove such offense. wilfully neglects
or refuses to institute proceedings
therefor, he shall be fined not less
than twenty. nor more than fifty dol
lars, to be recovered by Indictment.
The oath required OF any such officer
to tho complaint may be. In sub
stance, that from written notice
signed by two persons competent to
be witnesses in civil suits, he believes
tho complaint signed by him to be
true. II an execution or other final
process. Issued In any civil or Grim
lnal suit Instituted under this chapter
Is placed In the hands of any proper
officer to be by him executed. and he
unreasonably neglects or refuses so
to do, an action may be commenced
against him by any voter In the
county. and prosecuted 10 flnal jnde
ment which shall be for tho fun
amount OF the Judgment and interest
on such execution, and If II 10 pro-
cess that requires him 10 take and
commit an offender 10 prison. tho
damages shall not be ltss than nifty,
nor more than i've hundred dollars.
Selectmen of towns herein mentioned
include assessors of plantations In
suits complaints. Indictments or 9TH
er proceedings for n violation of any
Httf., IL.
intox icatinR liquors, other than for
the first offense. 1t Is not requisite
to set forth particularly The record
of n former conviction. but II is sufil-
eient to allege briefly, that such per
son has been conN icted of violation
OF amy particular prov ision. or as "A
common seller, AZ the ease may be,
and such allegation IN any criminal
process, legally anendable IN any
stage OF tho proceedings before final
Judgment may be amended, without
terms, aad a. matter Of right ANY
process civil or criminal. legally
amendable, may, I'm any stage Of the
proceedings, be amended in any mat
al any Tine before final Judgment 81
that said section az amended shall
read AZ follows:
Section As Whenever an unlaw ful
sale Is alleged. and II delivery proved,
II Is not necessary to prove pay
mont, but such delivery Is sufficient
eV violence OF sale. y partner In bust
ness is liable for the uniaH ful keep
lnB or selling of his eopariner. done
In The copartnership business. or by
any other person. In any shop, store
or other place Of business, Of such
ropartnership, With his knowledge or
assent principal aud his agent.
clerk and servant. mdS ali b. tnclud-
ed in The same complaint and process.
Tho mayor or aldermen seleetmen or
assessors. may Cause Il sui to be COM
D4HnF4I ~ hpnH ar "a