Page:Harvard Law Review Volume 2.djvu/144

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126 HARVARD LAW REVIEW,

Common carriers must obtain a certificate from the county auditor that the liquors are in transport to a town agent,^ and must not deliver to one intending to violate the law.* Moreover, any traveller bringing liquors to a person with knowledge of his intent to sell,^ or taking orders for purchase,^ is guilty of a misde- meanor.

Any person selling liquors three times within six months is a common seller.^ No person shall keep a drinking shop,^ or adver- tise the sale of liquors.*

Enforcement. — To execute these laws local special constables are appointed,^ the existing officers are enjoined to make extra efforts.' and, if the local force in a county be lax, thirty or more tax-payers therein may petition the governor to appoint State constables for such district.^

The officers may enter and search suspected premises by war- rant, issued under written information on oath of any citizen, male or female,^^ or without a warrant on reasonable cause to suspect a sale.^^ They may arrest, without a warrant, a person found in the act of sale or transportation, and may seize all liquors and all ap- pliances for sale.^

Prosecutions. — It shall be the duty of the district attorney,^ the attorney-general,** or the selectmen ^ to prosecute under this law. But in those States where buildings kept for illegal sale are declared common nuisances a private citizen may get an injunction,** or may abate the nuisance."

Evidence. — The finding of intoxicating liquors in a place other than a dwelling-house,*® the exposure of signs, bottles, or United States coupon receipts,*® the delivery from stores, steamers, or wagons used as places of common resort,*^ are all prima facie evi- dence of sale or intent to sell.

1 Laws of lo. 1886, ch. 66, s. 10. • Comp. Laws Kans. 1885, ch. 35, s. 2317.

» Laws of N. H. 1887, ch. 53. * Acts of Me. 1885, ch. 366, s. i.

  • Laws of R. I. 1886, ch. 596, s. 14. • Acts of Me. 1887, ch. 140, s. 7.

f Acts of Me. 1885, ch. 366, s.8. » Laws of R. L 1886, ch. 596, s. 36.

» Acts of Me. 1885. ch. 366, s. 7. ^^ Laws of Vermont, 1886, No. 38, s. i.

i> Laws of R. L, Jan'y Session, 1887, ch. 639. s. i. " Laws of R. I., Jan'y Session, 1887, ch. 634, s. 10. w Laws of lo. 1886, ch. 66, s. I. M Laws of R. L, Jan'y Session, 1887, c. 634, 8. 4.

1* GenT Laws of N. H. i878,ch. 109, s. 27. " Comp. Laws of Kans. 1885, 8. 2299. 1" Laws of lo. 1886^ ch. 66, s. i. " Laws of lo. 1886, ch. 66, s. 8.

w Genl Laws of N. H. 1878, s. 25. » Gen'l Laws of N. H. 1878, ch. 109, s. 24.