ON page 335 of this volume, we have given a form of "complaint of three voters, that a certain person keeps liquors with intent to sell,” in violation of the Act of 1851, entitled "An Act for the suppression of drinking houses and tippling shops." On account, however, of certain rulings by the judge of the district court for the western district, since the above form was put to press, we present the following as preferable. Of course, the Warrant must follow the language of the complaint. Complaint of three voters that a certain person keeps liquors intended for sale. STATE OF MAINE. day of Cumberland, ss. To A. B., of Esq., one of the justices of the peace in and for said county of Cumberland: C. D., E. F. and G. H., being voters in said on the day of -, in the year eighteen hundred and fifty, in behalf of said State, on oath complain, that they have reason to believe, and do believe, that on the in said year, at said spirituous and intoxicating liquors were, and still are kept and deposited and intended for sale, by J. K., of ——, in said County, said J. K. not being authorized to sell the same in said under the provisions of the act entitled, " An Act for the suppression of drinking houses and tippling shops," in, in said; whereby said liquors have become forfeited to be destroyed, and said J. K., by reason of the premises, has incurred and become liable to pay a fine of twenty dollars to the use of said State, and costs of prosecution, or to be imprisoned thirty days in default of payment. We therefore pray that due process may be issued to search said - where said liquors are believed to be deposited, and if there found that the same may be seized and safely kept, until final action and decision be had hereon; and that said J. K. may be summoned forthwith to appear before the said justice at in said on the day of at- of the clock in the answer to this complaint, and to do and receive such be awarded against him. noon, to make sentence as may C. D., E. F., G. H. aforesaid, at said Cumberland, ss. On the day of the said C. D., E. F. and G. H., made oath, that the above complaint by them signed is true. Before me, A. B., justice of the peace. INDEX. ABATEMENT-distinction between pleas in, and motion to dismiss, 44. judgment, how for the plaintiff, 70. how for defendant, 70. refusal to receive plea in, cannot be appealed from, 76. plea in criminal proceedings to be verified by oath or other evidence, 207. ABORTION-forms of complaint, 337. ABSENT DEFENDANT-notice may be ordered to, 42. the form of such notice, 258. judgment against, 75. ACCESSORIES-in misdemeanors there are no accessories, 177. who is an accessory before the fact, 177. who after, 177. punishment of, 177, 178. forms of complaint against, 319, 320, 343. ACKNOWLEDGMENT. See Deeds. ACTIONS-how commenced, 26. what is the commencement of, 26. how to be entered, 41. by non resident plaintiff, 54. plaintiff in such action held to answer an action in favor of any defendant in when the cause of action survives, it may be prosecuted by or against the ex- executor or administrator may be summoned in, 56. when the citation may be made returnable, and how it shall be served, 56. who to prosecute or defend, on the death of joint plaintiff or defendant, 56. on the death of all of several joint plaintiffs or defendants, 58. on the marriage of feme sole plaintiff, husband may be joined, 58. who to prosecute or defend in case of insanity of a party, pendent elite, 58. in case of death or removal of a public officer or trustee, pendent elite, 57. ADJOURNMENT. See Continuance. form of complaint for, 305. may be suppressed on view, 165. AID—may be required by justices for quelling riots, 192. liability for refusing aid, 192, 199. arrest by aid no trespass, though officer not present, 199. AMENDMENT, in Civil Process-- APPEAL. of name of defendant, 46. after plea of non-joinder of co-defendant, 46. writ to issue in such case for co-defendant, 46. how by discontinuing as to a part of joint defendants on default of the rest, 47. on payment of costs, 46. amendment should not be granted on an exparte hearing, 47. amendment of substance of writ to be made on terms, 48. certificate of discharge of a poor debtor may be amended, 50. certificate of oaths also, by adding the words "justice of the peace," 50. material, not to be granted except on terms, 50. granted on motion in writing, 50. how to be made, 50. on death, marriage, or other disability of parties, 56. executor or administrator of deceased trustee may appear, 57. if he does not appear, judgment may be taken against him, 57. from judgment in civil actions to be made within twenty-four hours, 76. to produce at appellate court copies, &c. 76. is confined to cases of final judgment, 76, 77. a trustee can appeal, 77. order for dismissal may be appealed from, 76. an appeal vacates the judgment, 76. may be had in replevin, 77. in forcible entry, 77, 116. recognizance in such case, 77. the mode of claiming appeal, 77. duties of the magistrate, 77. In Criminal Cases- may be made from an order requiring sureties of the peace, 230. may be made from sentence of conviction, 230, 233. copy of whole process, to be sent up to D. C., 230. in cases of violation of act respecting intoxicating liquors, 231. un appeal properly taken vacates a judgment, 232. when recognizance should be furnished, 233. APPEARANCE OF THE PARTIES-defendant not appearing, his default to be recorded, 41. plaintiff not prosecuting, &c. defendant to have judgment for his costs, 41. to note whether general or special, 43. APPRAISERS-of estates of persons deceased, appointment of, 157. form of justice's order to appraise, 157. to be sworn, 157. of lost goods and stray beasts, how appointed, 157. of cattle impounded, when damage done by them is not paid, 158. AQUEDUCT--calling meeting of proprietors of, 161. ARBITRATION-submission by agreement before a justice, 153. parties to, shall sign and acknowledge agreement of, 153. ARRAIGNMENT-what it is, 205. how to be made, 205. how if prisoner stands mute, 205. ARREST-what is an arrest, 188. person arrested must be taken into custody, 188. defendant must be liable to arrest, 37. who are exempt from arrest, 37, 38. of offenders, 188. without warrant, 188. by whom may be made, 189. when a private person may arrest without warrant, 189. what are reasonable grounds of suspicion, 189, 190. must be of the person making the arrest, 190. proceedings after an arrest by a private person, 190. when arrests may be made by officers without warrant, 190. may arrest on suspicion of another, though there were no felony, 190. may command an arrest, 191. of refusal to assist, 192, 193. not to proceed to judgment without regular process, 191. may arrest for certain affrays on view, 192. neglect of magistrate to do his duty, 192. may quel! riots, &c. and arrest rioters, 192. armed force called out, 192. may be made for wilful disturbance of courts, 193. an officer may use force necessary to make the arrest, 194. how far a private person may justify breaking doors, 194. how far an officer may justify the same, 194. under warrants, 195. should be made immediately, 195. officer not a trespasser for acting under a legal warrant, 195, 196, 197. when doors may be broken, 197. the doors of houses of third persons may be broken, 197. may be made in night time, 197. and on the Lord's day, 197. cannot be made after the return day of the warrant, 198. may be made in any county, 198. may command aid, 198. See Aid. after arrest for certain offences, prisoner to be taken before magistrate for bail, out of the county where the offence was committed, 198. if not bailed, or if the offence be punishable by death or imprisonment in the state when the officer may delay bringing up the prisoner, 199. arrest may be made after escape, or rescue, 200. what is rescue, 200. how to be made when the defendant is in custody on another charge, 201. ASSIGNMENTS-forms for, 369, 370. of claim against trustee by principal defendant, 106. ASSAULT-forms of complaint for, 297-300. how punished, 228. what is an, 297. what are aggravated, 297. ASSAULT AND BATTERY-is but one crime, 296. intention with which the act is done is material, 296. what will justify forcible injuries, 296. ATTESTATION-of papers filed in judicial proceedings, to be made in all cases, 43. ATTORNEY FEE-amount taxed for in bills of costs, 90, 91. AUGUSTA-municipal court of, 170. BAIL, in civil actions- costs on in scire facias, 89. See Costs. what bail bond is, 111. what will discharge bail, 112. In Criminal Proceedings, what it is, 235. what are bailable offences, 235. to be taken on habeas corpus, 236. to be taken by two justices of the quorum, when persons are committed for of admitting prisoners to bail, under act of 1850, 163, 164. form of the condition of the recognizance, 172. how sureties of the peace may surrender the principal, 185. to be taken by magistrates in bailable cases, when there is cause to believe to be taken by recognizance, 236. by whom to be taken, when persons are committed for bailable offences, 236. to be taken, if offered, in all cases not capital, for appearance at adjourned by magistrate, after examination, in all cases bailable by him, 235. of persons committing crimes in other states, and demanded by the executive all offences bailable except capital, 239. not to be granted after conviction, when absconding, 239. although party apprehended on a new warrant, 239. not to be refused or delayed, 240. to require parties to appear the first day of the term, 242. original recognizance of a party to be sent up with the papers where he is and where he recognizes for further examination, 242. and the like of a witness' recognizance, 242. and also a recognizance of one accused of a crime committed in and recognizance for good behavior, 239. a recognizance taken by a magistrate before whom the proceedings were not BANKRUPTCY-of parties to actions, 58. BANS―reasons for forbidding, to be left with town clerk,158. application to two justices to determine, 158. BARRETRY-form of Complaint, 339. BASTARD-mother may institute complaint, 139. bond, and commitment for want of, 139. form of complaint, 140. form of warrant, 140. how to be served, 140. form of bond, 141. form of mittimus, 141. complaint may be made by married woman, the husband joining, 140. statute of limitations no bar, 140. BATH-municipal court of, 170. BILL OF PARTICULARS-in civil cases, what it is, 50. when it may be ordered, 51. may be ordered in criminal process, 206. BILLS OF SALE-forms of, 370. BLASPHEMY-form of complaint, 339. |