in the complaint)

, of said B, in a certain

r other place, as in the complaint) said D. E. as a

and that said liquors were, and D. E., in this commonwealth, contrary to law-he, said authorized to sell or manufacture, or keep such liquors for any purpose under the provisions of chapter eightyhis commonwealth, or by any other legal authority whatbecome liable to be forfeited.

ched be a dwelling-house, and no tavern, store, grocery, -n resort, be kept therein, the warrant should contain the

omplainants, has duly made oath that he has reason to intoxicating liquors, such as are mentioned in the comin said house, within one month last past, by the occuermission and consent of the occupant thereof, or have for the purpose of being sold,) contrary to law, within t such liquors are kept and deposited in said house by sale in this commonwealth, contrary to law, and has, in wing facts and circumstances on which said belief was

And said

cumstances be repeated, as in the complaint.)
ed that due process may issue to search for said liquors,
ngs may be had in the premises as to law and justice in
nd whereas it appears to me, the subscriber, on the com-
e cause has been shown for the issuing of a warrant of

quire you in the name of the commonwealth, taking with
h to enter the herein above described, and make dili-
the liquors herein above described, and, if such liquors are
vey the same, and the vessels which contain such liquors,
afely keep the same, to await the final action and decision

ur county of M- or either of his deputies, or any constable
B-, in said county:-
a city, the warrant may be directed to the city marshal and
to serve it.)

ded to serve the annexed notice, by delivering an attested
of D. E. of B, in the county of M-, or leaving an
usual place of abode, and also by posting up another attested

ing in which the liquor was seized, if it be found in any
in any building, say in some public place in said town of
ing an attested copy thereof twice (or more times if thought
wspaper published in said B- ; and you are hereby com-
yon said D. E. and to post another copy as above directed,
I said notice the first time, at least fourteen days before the
year one thousand eight hundred and

e due return of this warrant, with your doings thereon.

Warrant to serve

notice return

able before a jus

tice.

al at B, this

day of

in the year one thousand

Justice of the Peace.

ns forty-six and forty-seven, to be annexed to the foregoing Warrant, Form of notice. and served as therein directed.

in the county of M-, and to any and all other persons (twenty gallons of rum in a barrel, two gallons of gin in a

452

INTOXICATING LIQUORS- - FORMS.

[CH

a warrant issued by me, have been seized (at the dwelling-house of said D. E
B, or as the case may be,) on the
in the year eight

day of

dred and
does not in my opinion exceed twenty dollars.
You are hereby required to appear at

the value of which rum and gin, with the vessels containin

(Here name the place appointed for the hearing)`

in said B-, at

o'clock

M., on the

day of

in the

thousand eight hundred and
to answer to the complaint against said
and the vessels containing them, and for trial, and to show cause, if any you ha
said liquors and the vessels containing them should not be forfeited for being
sale by said D. E., in violation of the laws of this commonwealth.
Witness my hand at B―, this

hundred and

day of

in the year one thousa

Warrant to serve notice returnable before superior court.

Form of notice.

To the sheriff of our county of M-, or either of his deputies, or any co of the town of B-, in said county:

(If the seizure be made in a city, the warrant may be directed to the city marsh other city officers authorized to serve it.)

You are hereby commanded to serve the annexed notice, by delivering an a copy thereof into the hands of D. E., of B, in the county of M, or by lea attested copy thereof at his usual place of abode, and also by posting up another a copy thereof on

(Here describe the building in which the liquor was seized, if it be found in any ing; but if not found in any building, add, in some public place in said town of and also by publishing an attested copy thereof twice (or more times if the mag thinks it necessary) in the a newspaper published in said B-; and y hereby commanded to serve said copy on said D. E., and to post another copy as directed, and to publish the copy of said notice the first time, at least fourteen days in the year eighteen hundred and

the

day of Hereof fail not, and make return of this warrant, with your doings thereon, bef justices of our superior court next to be holden at C, in and for our county of on the day of in the year eighteen hundred and Witness my hand and seal at said B- this " thousand eight hundred and

Form of Notice under section fifty-four, to be annexed to the foregoing Warrant. To D. E., of B-, in the county of M, and to any and all other persons ing any interest in (one hundred gallons of brandy in two hogsheads, and two galle gin in a demijohn, and in said hogsheads and demijohn, or as the case may be,) by virtue of a warrant issued by me, have been seized (at the dwelling-house of sa E., in said B-, or as the case may be) on the day of in the yea thousand eight hundred and the value of which brandy and gin, with th sels containing them, in my opinion, exceeds twenty dollars. You are hereby required to appear before the justices of the superior court to be holden at C, in said county of M, on the day of answer to the complaint against said liquors and vessels containing them, and for and to show cause, if any you have, why said liquors and vessels should not b feited for being kept for sale by said D. E., in violation of the laws of this com wealth.

Form of Warrant to deliver liquor, suitable for chemical, medicinal, or mechanical purpos town agent, and to destroy liquor unsuitable for such purposes.

M

[L. S.]

SS.

COMMONWEALTH OF MASSACHUSETTS.

To L. M., deputy-sheriff, (here name the officer having the liquor in custo and S. T., a person appointed by NC, a justice of the peace for county, to witness the destruction of certain intoxicating liquors. Greeting Whereas certain intoxicating liquors, to wit, (ten gallons of gin in a barrel, four gallons of port wine in a demijohn, or as the case may be,) have been decl forfeited by me, the subscriber, one of the justices of the peace in and for the cou

:

to sell the same in this commonwealth, he not being then and there authorized so to sell the same, under the provisions of chapter eighty-six of the General Statutes of this commonwealth, or by any lawful authority whatever whereupon I declared and adjudged among other things, that said liquors, with the vessels in which they are contained, were forfeited to the commonwealth: and whereas, after hearing the evidence in the case, and examining said liquors, I was of opinion that a part of said liquors, to wit, said (ten gallons of gin,) are suitable for medicinal purposes, and that the rest of said liquors, to wit, said (four gallons of port wine,) are not suitable for chemical, medicinal, or mechanical purposes:

Now, I hereby command you, said L. M., to deliver said (ten gallons of gin) to U. T., agent of said town of B- (or such agent as may be appointed,) for the sale of spirituous liquors, to be by him sold according to law, and the net proceeds paid over to the treasurer of the commonwealth; and I further order you, said L. M., to destroy said (four gallons of port wine,) in the presence of S. T., a person appointed by me to witness the destruction thereof, and make return of your doings on this precept. And we command you, said S. T., to attend and witness the destruction thereof, and to join said L. M., in attesting the fact of the destruction of said liquor, in the return on the back of this precept.

And make return of this precept, with your doings thereon. Witness my hand and
seal, at said B————, the
in the year eighteen hundred and

day of

N

C, Justice of the Peace.]

Burnt or danger

ous buildings ad-
judged nuisances,

how disposed of.
Gray, 290, 292,
22620 89.
14 Gray, 21.

1855, 469, §§ 1, 6.

SECTION 1. In any city or town which has adopted chapter four hundred and sixty-nine of the statutes of eighteen hundred and fiftyfive, or which shall adopt this and the four following sections, at a legal meeting of the city council or inhabitants of the town, if the mayor and 9 aldermen or selectmen, after due notice in writing to the owner of any burnt, dilapidated, or dangerous building, and a hearing of the matter, adjudge the same to be a nuisance to the neighborhood, or dangerous, they may make and record an order prescribing such disposition, alteration, or regulation, thereof as they deem necessary; and thereupon the city or town clerk shall deliver a copy of the order to a constable, who shall forthwith serve an attested copy thereof upon such owner, and make return of his doings thereon to said clerk.

296, 298.

97 Mass. 122,593,

1859, 196.

SECT. 2. Any owner aggrieved by such order may within three days Owner aggrieved of the service thereof upon him apply for a jury to the superior court, if jury apply for sitting in the county, or to any justice thereof in vacation. The court 1855, 469, § 3. or justice shall issue a warrant for a jury, to be empanelled by the sheriff within fourteen days from the date of the warrant in the manner provided in chapter forty-three relating to highways.

&c.

SECT. 3. The jury may affirm, annul, or alter, such order; and the Verdict of jury, sheriff shall return the verdict to the next term of the court for accept- 1855, 469, § 4. ance, and, being accepted, it shall take effect as an original order.

SECT. 4. If the order is affirmed, costs shall be taxed against the Costs. applicant; if it is annulled, the applicant shall recover damages and costs 1855, 409, § 5. against the city or town; if it is altered in part, the court may render such judgment as to costs as justice shall require.

SECT. 5. The mayor and aldermen or selectmen of any city or town Nuisance may

557 Buildings resort

ed to

tion, &c.,

sances;

46 1855, 405, § 1.

shall have the same power and authority to abate and remove an nuisance, as are given to the board of health in sections eight, nir ten, of chapter twenty-six.

SECT. 7.

SECT. 6. All buildings, places, or tenements, resorted to for pr set, for prostitution, lewdness, or illegal gaming, or used for the illegal keeping of intoxicating liquors, shall be deemed common nuisances. 7 Gray, 328. 13 Gray, 26. See 1863, 78. Whoever keeps or maintains such common nuisanc by fine not exceeding one thousand dollars, or imp county jail not exceeding one year. 10 Gray, 9, 464, 465. 11 Gray, 48, 454, 456. 14 Gray, 21, 23, 24, 26, 386, 390, 406, 411. 1 Allen, 1, 592. 4 Allen, 589, 591. 6 Allen, 370. 9 Allen, 486. 102 Mass. 144, 148, 154.

4424penalty for
keeping.
1855, 405, § 2.
See 1863, 78.
1865, 269, 281.

17 182

1866, 280, § 3.
1112.425
426
"

Such use of prem

be punished
ment in the

8 Gray, 459.

13 Allen, 563, 581.

99 Mass. 442.

7 Allen, 109, 304.

105 Mass. 185, 187, 465, 467. 117 m. 140

12 Gray, 89, 175, 177, 17 2 Allen, 169, 299, 51 12 Allen, 17

103 Mas

3 SECT. 8. If a tenant or occupant, under a lawful title, of any

ises by tenant to ing or tenement, uses such premises, or any part thereof, for any

avoid lease, &c.

4. 1855, 405, § 3.

15 Gray, 312.

3646 Allen, 370. 7 Allen, 109.

259

-82

14 Allen, 289.

purposes enumerated in section six, such use shall annul and make the lease or other title under which he holds, and, without any a the owner, shall cause the right of possession to revert and vest in owner; and the owner may, without process of law, make imme entry upon the premises, or he may avail himself of the remedy vided in chapter one hundred and thirty-seven.

SECT. 9. Whoever knowingly lets a building or tenement own him, or under his control, for any purpose enumerated in section s knowingly permits such building or tenement, or any part thereof, under his control, to be used for such purpose, or after due notice of See 1866, 280, § 3. such use omits to take all reasonable measures to eject therefrom 1876, 162/persons occupying the same as soon as it can lawfully be done, sh deemed guilty of aiding in the maintenance of such nuisance, and ished by fine of not less than one hundred nor more than one thou dollars, or imprisonment in the jail not less than thirty days, nor

SECT. 10. The mayor and aldermen or selectmen of any place, complaint made to them under oath, that the complainant has reas believe, and does believe, that any booth, shed, or other temporary tion, situated within one mile of any muster-field, cattle-show gro or other place of public gathering, is used and occupied for the sal spirituous or fermented liquors, or for the purpose of gaming, ma they consider the complaint well founded, order the owner or occu thereof to vacate and close the same forthwith. If the owner or o pant refuses or neglects so to do, the mayor and aldermen or select may forthwith abate such booth, shed, or erection, as a nuisance, pull down or otherwise destroy the same, in any manner they choos through the agency of any force, civil or military.

INNHOLDERS AND COMMON VICTUALLERS.

SECTION 1. Whoever presumes to be an innholder or common victualler, without being licensed as such according to the provisions of this chapter, shall forfeit one hundred dollars.

Penalty on inn-
older without

license.
R. S. 47, § 1.
6 Greenl. 412.

County commis

specifying place,

SECT. 2. The county commissioners may grant licenses to as many 24 Pick. 352. persons to be innholders or common victuallers in the several towns 101 Mass. 214. within their respective jurisdictions as they think the public good re- sioners, &c., may quires; and the mayor and aldermen of the several cities may in like grant licenses, manner grant licenses to innholders and common victuallers in their &c. respective cities. Every such license shall specify the street, lane, alley, 180, 2 or other place, and the number of the building, or some other particular 3 Pick. 281. description thereof, where such person shall exercise his employment; and the license shall not protect a person exercising his employment in any other place than that specified in the license,

R. S. 47, §§ 17, 18.

See 1862, 222.