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THE LIQUOR LAWS OF AMERICA,

MAINE.

CHAPTER 27 of the Revised Statutes refers to inn-holders, victuallers, and intoxicating liquors. Sections 14 to 22 refer to a State Agency for the sale of intoxicating liquors. The Governor appointed a commissioner to furnish municipal officers of towns with pure, unadulterated liquors for medicinal, mechanical, and manufacturing purposes. Section 22 commences with what is termed the "Maine Law." We give the law as amended Feb. 29, 1872.

SEC. 22. 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.

SEC. 23. 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 pur chase 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 o. another, in any mode adulterate 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 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.

SEC. 24. 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.

SEC. 25. The provision of this chapter shall not extend to the manufacture and sale of unadulterated cider by the manufacturer, nor to the sale, by agents appointed under the provisions of this chapter, of pure wine for sacramental and medicinal uses.

SEC. 26. The selectmen of any town, and mayor and aldermen of any city, shall, 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 shall 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 medicinál, 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 agent may sell to such municipal officers intoxicating liquors, to be by said officers disposed of in accordance with the provision: of this chapter.

SEC. 27. 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 of (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 those presents.

Sealed with our seals, and dated this

A.D.

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 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.

SEC. 28. 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 fines 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.

SEC. 29. 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 prosecu tion, 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 jail three months. On a second conviction and every subsequent conviction he shall be punished by a fine of two hundred dollars and costs of prosecution and imprisonment four months in the county jail, and, in default of the payment of the fine and costs, he shall be punished by four months' additional imprisonment.

SEC. 30. Persons selling by authority and according to the provisions of the twenty-third and twenty-sixth sections are not common sellers.

SEC. 31. No person shall keep a drinking-house and tipplingshop within this State. If any person shall sell any intoxicating liquors in any building, vessel, or boat in this State contrary to the provisions of law, and the same are there drunk, he shall be leemed and held to be guilty of keeping a drinking-house and tippling-shop. Any person convicted of keeping a drinkinghouse and tippling-shop within this State shall be punished by a fine of one hundred dollars and costs of prosecution, and, in default of payment thereof, by imprisonment in the county jail three months, or, instead of such fine, shall be imprisoned in the county jail three months on the first conviction, and on every subsequent conviction he shall be imprisoned six months in addi tion to the fine and costs.

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