rant in due form issued under the hand and seal of me, the said justice, on the complaint on oath of J. B., of -, &c., wherein said J. B. complained that [here insert the substantive allegations in the complaint]; and whereas, said A. B., after arraignment and due trial and hearing of his defense by me, the said justice, was duly convicted of the offense set out in said complaint, and thereupon the said A. B. was ordered by me, the said justice, to recognize to the State in the sum of dollars, with sufficient sureties in a like sum, to keep the peace towards all persons, and especially towards the said J. B., for the space of -— months, and to pay the costs of prosecution, taxed at · dollars.

Now if the said A. B. shall keep the peace towards all persons, and especially towards said J. B. for the space of — months, then the above recognizance shall be void; otherwise shall abide in full force. J. S. H., Trial Justice.

4. Mittimus for not recognizing.

STATE OF MAINE.

[Name of county], ss.

To the sheriff of the county of -, his deputies. or the constables of the town of —, in said county, and to the keeper of the jail in said county. GREETING. [L. S.] Whereas, A. B., of —, &c., now after due arraignment and trial, stands convicted before me, J. S. H., esquire, a trial justice in and for said county of, at-- in said county, on the complaint on oath of J. B., of, &c., who therein complained that‍[here insert the substantive allegations of the complaint], against the peace of the State, and contrary to the form of the statute in such case made and provided, for the commission of which offense he, the said J. B., was ordered to recognize to the State in the sum of dollars, with sufficient sureties in the like sum, to keep the peace towards all persons, and especially towards the said J. B., and to pay the costs of prosecution taxed at dollars, and stand committed until this sentence be performed; all which the said A. B., now before me, the said justice, neglects and refuses to comply with and perform.

Therefore, you the said sheriff, deputies, and constables, are hereby commanded, in the name of the State of Maine, forthwith to convey the said A. B. to the jail in -, in said county of -, and deliver him to the keeper thereof, together with this precept; and you, the said keeper of said jail, are hereby in like manner commanded to receive the said A. B. into your custody in said jail, and him there safely keep until he shall comply with said sentence, or be otherwise discharged by due course of law. Given under my hand and seal, at, in said county of -, day of J. S. H., Trial Justice.

-

in the year, &c.

this

CHAPTER XLIII.

DRINKING-HOUSES AND TIPPLING-SHOPS.

1. No person shall be allowed, at any time, to sell, by himself, his clerk, servant, or agent, directly or indirectly, any intoxicating liquors, except as hereafter provided. Ale, porter, strong beer, lager beer and all other malt liquors, wine and cider, shall be considered intoxicating liquors within the meaning of this chapter, as well as all distilled spirits; but this enumeration shall not prevent any other pure or mixed liquors from being regarded as intoxicating.

(a) The payment of the U. S. revenue tax upon intoxicating liquors of domestic manufacture, together with a license from the U. S. collector, will not justify the sale of such liquors in this State, in violation of the laws thereof.2

(b) A mortgage of an apothecary's stock, consisting in part of intoxicating liquors, is a sale upon condition of such liquors, and a violation both of the spirit and letter of § 22.3

(c) The recovery in trespass of the value of intoxicating liquors held in this State, and intended for illegal sale in this or another State, and the consequent transfer of the title to them to the defendant (who took them unlawfully) by the mere operation of law, do not constitute a sale within § 22.1

2. No person shall manufacture any intoxicating liquor, for unlawful sale. Any manufacturer of intoxicating liquors shall be allowed to sell intoxicating liquors manufactured by him within this State, to municipal officers authorized by law to purchase the same, provided he shall first give a bond in the sum of five thousand dollars, with good and sufficient sureties resident in this State, payable to the treasurer of the city or town within which the manufactory shall be established, or his successors, and shall file the same with such treasurer, and to the satisfaction and approval of the aldermen of such city, or the selectmen of such town, conditioned that he will not sell any intoxicating liquors except of his own manufacture; that he will not, by himself or another, in any mode adul

1 R. S. c. § 22, and Public Laws of 1872, c. 63.-2 State v. Delano, 54 Me. 501.Hay v. Parker, 55 Me. 355.-4 Hamilton v. Goding, 55 Me. 419.

terate such liquors, either by coloring matter, or any other drug or ingredient; nor mix the same with other liquor of different kind or quality, nor with liquor of any kind not manufactured by himself, nor with water; that all casks and vessels containing liquors sold by him shall at the time of sale be plainly and conspicuously marked with the name of the manufacturer, the place of manufacture, and the name, quality, and strength of the liquor; that he will not sell any intoxicating liquors in quantities less than thirty gallons delivered in a single vessel, and carried away at one time, and that he will not sell any intoxicating liquors to any person except to such persons as are authorized by this chapter to purchase the same. The foregoing provisions shall not authorize the manufacture, for sale, of any intoxicating liquors except pure rum and alcohol. The manufacture for sale, of all other kinds of intoxicating liquors, except cider, is hereby prohibited; and any person convicted thereof shall be punished the same as is provided in the following section.

3. Any person who shall sell within this State any intoxicating liquors manufactured by him within this State, without first giving the bond provided in the preceding section, shall be punished by imprisonment two months in the county jail, and by fine of one thousand dollars; and if any person who has given such bond shall commit any breach of the conditions thereof, it shall be the duty of the aldermen and selectmen, respectively, of the city or town within which such manufactory shall be established, to cause the same to be put in suit and prosecuted to final judgment and satisfaction."

4. The provisions of this chapter shall not extend to the manufacture and sale of unadulterated cider in any case, nor to wine made from fruit grown in this State, nor to the sale by agents appointed under the provisions of this chapter, of pure wine for sacramental and medicinal uses."

5. The selectmen of any town, and mayor and aldermen of any city, may, on the first Monday of May, annually, or as soon thereafter as may be convenient, purchase such quantity of intoxicating liquors as may be necessary to be sold under the provisions of this chapter, and may

5 R. S. o. 27, § 23.- R. S. c. 27, § 24.-7 R. S. c. 27, § 25.

appoint some suitable person as the agent of said town or city to sell the same at some convenient place within said town or city, to be used for medicinal, mechanical, and manufacturing purposes, and no other; and such agent shall receive such compensation for his services, and in the sale of such liquors shall conform to such regulations, not inconsistent with the provisions of law, as the board appointing him shall prescribe, and he shall hold his situation one year, unless sooner removed by them or their successors in office. Vacancies occurring during the year are to be filled in the same manner as original appointments are made. No such agent shall have any interest in such liquors, or in the profits of the sale thereof. Such agents may sell to such municipal officers, intoxicating liquors, to be by said officers disposed of in accordance with the provisions of this chapter. If any such agent shall be convicted of violating any of the provisions of c. 27, R. S., he shall forever thereafter be disqualified from holding such office.

of

6. Such agent shall receive a certificate from the board by which he is appointed, authorizing him as the agent of such town or city to sell intoxicating liquors for medicinal, mechanical, and manufacturing purposes only; but such certificate shall not be delivered to the person so appointed until he shall have executed and delivered to said board a bond, with two good and sufficient sureties, in the sum of six hundred dollars, in substance, as follows: Know all men, that we,, as principal, and as sureties, are holden and stand firmly bound to the inhabitants of the town (or city as the case may be), in the sum of six hundred dollars, to be paid them, to which payment we bind ourselves, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals, and dated this day of -, A. D. —. The condition of this obligation is such, that whereas the above bounden -, has been duly appointed an agent for the town (or city) to sell intoxicating liquors for medicinal, mechanical, and manufacturing purposes and no other, until the of A. D., unless removed from said agency. Now if the said shall in all respects conform to the provisions of the law relating to the business for which he is appointed, and to such regulations as now are or shall be from time to time established by the board making the appointment, then this obligation to be void; otherwise to remain in full force.9

(d) In a suit upon a promissory note, given for intoxicating liquors sold, it appearing from the plaintiff's bond (put in as evidence by the defendant), that it had been approved, the recital

R. S. c. 27, § 26, and Public Laws of 1872, c. 59 and c. 73.-R. S. c. 27, § 27.

therein, that the plaintiff had been licensed to sell, is sufficient evidence, in the absence of any proof to the contrary, to warrant the inference of authority to sell.10

7. If any person, by himself, clerk, servant, or agent, shall at any time sell any intoxicating liquors in violation of the provisions of this chapter, he shall forfeit and pay on the first conviction a fine of thirty dollars and the costs of prosecution, or instead of such fine, in the discretion of the court imposing sentence, shall be imprisoned in the county jail thirty days; on the second conviction he shall pay twenty dollars and the costs of prosecution, and in addition thereto shall be imprisoned in the county jail sixty days; on the third and every subsequent conviction, he shall pay twenty dollars and the costs of prosecution, and shall be imprisoned in the county jail three months, and in default of the payment of the fines and costs prescribed by this section for the first conviction, the convict shall not be entitled to the benefit of chapter one hundred and thirty-five until he shall have been imprisoned two months; in default of fines and costs provided for the second conviction, he shall not be entitled to the benefit of said chapter until he shall have been imprisoned three months; and in default of payment of fine and costs provided for the third and every subsequent conviction, he shall not be entitled to the benefit of said chapter until he shall have been imprisoned four months. And if any clerk, servant, agent, or other person in the employment or on the premises of another, shall violate the provisions of this section, or aid and assist therein, he shall be held equally guilty with the principal, and, on conviction, shall suffer like penalty.11

(e) An allegation that a glass of liquor sold was "the second glass sold by the respondent to the same person on the same day, is not descriptive, and it may be rejected as surplusage.12

8. No person shall be a common seller of intoxicating liquors. Any person convicted of a violation of this section, shall be punished by fine of one hundred dollars and costs of prosecution, and in default of the payment thereof, he shall be imprisoned sixty days in the county jail, or instead of such fine, he may be imprisoned in the county

10 Wills v. Greeley, 50 Me. 78.-11 R. S. c. 27, § 28.-12 State v. Staples, 45 Me.