State v. Maher
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Rice, J., presiding. [Memo. — The Act of J851, c. 211, entitled an “Act for the suppression of drinking houses and tippling shops,” <§> 4, provides that, on a second conviction for selling any spirituous or intoxicating liquor, the offender shall forfeit twenty dollars with costs of prosecution, & § 5, provides that such forfeiture may be recovered before a justice of the peace or Judge of a Municipal or Police Court.
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On Exceptions from Nisi Prius, Rice, J., presiding. [Memo. — The Act of J851, c. 211, entitled an “Act for the suppression of drinking houses and tippling shops,” <§> 4, provides that, on a second conviction for selling any spirituous or intoxicating liquor, the offender shall forfeit twenty dollars with costs of prosecution, & § 5, provides that such forfeiture may be recovered before a justice of the peace or Judge of a Municipal or Police Court. The statute of 1849, c. 281, $ 11, provides that “ a Police • Court shall be established in and for the city of Gardiner” with jurisdiction in…
1Opinion of the CourtWells, J.
— The Judge of the Police Court of Gardiner had authority to impose the fine of twenty dollars, by virtue of the “ Act for the suppression of drinking houses and tippling shops,” approved June 2, 1851, c. 211, § 5. It is therefore unnecessary to determine whether the Act incorporating the city of Gardiner conferred the same power.
It was the duty of the Judge of the Police Court to amend his record, and the act appears to have been sufficiently described by its title.
The indictment and conviction of the defendant as a common seller, embracing the time in which this offence is charged, are no…
2Cited by4 opinions
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- State v. MoreheadSupreme Court of Rhode Island · 1900