such allegation in any criminal process, legally amendable in any stage of the proceedings, before final judgment, may be amended without terms, and as a matter of right. Any process, civil or criminal, legally amendable, may, in any stage of the proceedings, be amended in any matter of form, without costs, on motion at any time before final judgment.71 (b) So much of this section as provides that proof of a “delivery shall be sufficient evidence of sale," is constitutional.72 (c) The party is not estopped by the fact of delivery; but the fact of delivery alone is to be deemed sufficient, if not explained by the circumstances accompanying the delivery, or if the inference is not negatived by disproof.72 35. No person engaged in the unlawful traffic in intoxicating liquors shall be competent to sit upon any jury in any case arising under this chapter; and when informa tion shall be communicated to the court that any member of any panel is engaged in such traffic, or that he is believed to be so engaged, the court shall inquire of the juryman of whom such belief is entertained; and no answer which he shall make shall be used against him in any case arising under this chapter; but if he shall answer falsely, he shall be incapable of serving on any jury in this State; but he may decline to answer, in which case he shall be discharged by the court from all further attendance as a juryman.7 73 36. The forms herein set forth, with such changes as will adapt them for use in cities, towns, and plantations, shall be deemed sufficient in law, for all the cases arising under the foregoing provisions, to which they purport to be adapted; and the costs to be taxed and allowed for the libel, shall be fifty cents; for entering the same, thirty cents; for trying the same, one dollar; for monition, fifty cents; for posting notices and return, one dollár; order to restore or deliver, twenty-five cents; executing the order, fifty cents. 71 R. S. c. 27, § 55.-72 State v. Hurley, 54 Me. 562.-73 R. S. c. 27, § 56. Form of indictment in case of common seller. - within in the year day of [Name of county], ss. At the supreme judicial court begun and holden at and for the county of, on the Tuesday of of our Lord one thousand eight hundred and : The jurors for said State, upon their oath present, that A. B., of, in said county, at -, in said county of, on the , in the year of our Lord one thousand eight hundred and and on divers other days and times between said day of aforesaid, and the day of the finding of this indictment, without any lawful authority, license, or permission, was a common seller of intoxicating liquors, against the peace of said State, and contrary to the form of the statute in such case made and provided; [in case of a former conviction add], and the jurors aforesaid, upon their oaths aforesaid, do further present, that the said has been before convicted as a common seller under the laws for the suppression of drinking-houses and tippling-shops, in said county of - A true bill, -- Foreman. To --, County Attorney. Form of complaint for single sale. STATE OF MAINE. [Name of county], ss. esquire, a trial justice within and for the county of A: B., of, in said county, on the day of, in the year of our Lord one thousand eight hundred and, in behalf of said State, on oath complains, that —, of, in said county, on the day of aforesaid, at said in said county of , without any lawful authority, license, or permission therefor, did then and there sell a quantity of intoxicating liquors, to wit, one — intoxicating liquor to one-, [or if the individual be unknown, to some person to said complainant unknown], against the peace of said State, and contrary to the form of the statute in such case made and provided. A. B. of On the day of -, aforesaid, the said - makes oath, that the above complaint, by subscribed, is true. Before me, Form of warrant upon the same. STATE OF MAINE. Trial Justice. [Name of county], ss. To the sheriff of our said county of, or either of his deputies, or either of the constables of the town of —, or either of the towns in said county. GREETING. [L. S.] Whereas A. B., of -, on the day of, in the year of our Lord one thousand eight hundred and —, in behalf of said State, on oath complained to me, the subscriber, one of the trial justices within and for said county of, that, of, in said county, on the day of ―, at said, in said county of -, with out any lawful authority, license, or permission therefor, did sell a quantity of intoxicating liquors, to wit, one of intoxicating liquor to one, against the peace of said State, and contrary to the form of the statute in such case made and provided. Therefore, in the name of the State of Maine, you are commanded forthwith to apprehend the said, if he may be found in your precinct, and bring - before me, the subscriber, or some other trial justice within and for said county, to answer to said State upon the complaint aforesaid. ; Witness my hand and seal at aforesaid, this — day of ―, in the year of our Lord one thousand eight hundred and - Trial Justice. Form of a recognizance in case of a single sale. Be it remembered, that at a justice court held by me, the subscriber, one of the trial justices within and for the county of at my office in —, in said county, on the day of, in the year of our Lord one thousand eight hundred and -, personally appeared — and -, and severally acknowledged themselves to be indebted to the State of Maine, in the respective sums following, to wit: The said, as principal, in the sum of dollars, and the said and as sureties, in the sum of dollars each, to be levied of their respective goods, chattels, lands, or tenements, and in want thereof of their bodies, to the use of the State, if default be made in the condition following: The condition of this recognizance is such, that whereas the said- has been brought before said court, by virtue of a warrant duly issued upon the complaint on oath of -, charging him, the said with having sold at said, one of intoxicating liquors to one , without any lawful authority, license, or permission therefor, against the peace of said State, and contrary to the form of the statute in such case made and provided. And said having pleaded not guilty to said complaint, but having been by said court found guilty of the same, and been sentenced to -; and the said having appealed from said sentence to the supreme judicial court, next to be holden at -. within and for said county of, on the Tuesday of, in the year of our Lord one thousand eight hundred and Now, therefore, if the said - shall appear at the court aforesaid, and prosecute his said appeal with effect, and abide the order and judgment of said court, and not depart without li cense, then this recognizance shall be void, otherwise remain in full force and virtue. Witness, Form of mittimus. [Name of county], ss. STATE OF MAINE. -, Trial Justice. To the sheriff of the county of, or his deputies, or the constables of the town of -, or to the keeper of the jail in —, in our said county. GREETING. [L. S.] Whereas E. F., of —, in our county of, now stands convicted before me, A. B., one of the trial justices in and for the county of -, on the complaint of, who, on his (or their), oath complain that - [here insert the substance of the complaint], against the peace of the State, and contrary to the form of the statute in such case made and provided; for which offense, he, the said E. F., is sentenced to pay a fine to the use of the State of- dollars, and costs of prosecution, taxed at — (and to stand committed until the sentence be performed, all which sentence the said E. F., now before me, the said justice, fails and refuses to comply with and perform). These are, therefore, in the name of the State of Maine, to command you, the said sheriff, deputies, and constables, and each of you, forthwith to convey the said E. F. to the common jail in, in the county aforesaid, and to deliver him to the keeper thereof, together with this precept. And you the keeper of the said jail in aforesaid, are hereby in like manner commanded, in the name of the State of Maine, to receive the said E. F. into your custody, in said jail, and him there safely to keep until he shall comply with said sentence, or be otherwise discharged by due course of law. day of - A. D. —. Form of complaint in case of seizure. STATE OF MAINE. [Name of county], ss. To A. B., esquire, one of the trial justices within and for the county of A. B., C. D., and E. F., of -, in said county, and competent to be witnesses in civil suits, on the day of in the year eighteen hundred and, in behalf of said State, on oath complain, that they believe, that on the day of —, in said year, at said intoxicating liquors were, and still are kept and deposited byof, in said county, in [here describe with precision the place to be searched], said — not being then and there authorized by law to sell said liquors within said —; and that said liquors then and there were, and now are intended by the said - for sale in this State in violation of law, against the peace of the State and contrary to the form of the statute in such case made and provided. We therefore pray, that due process be issued to search the premises hereinbefore mentioned, where said liquors are believed to be deposited, and if there found, that the said liquors and vessels be seized and safely kept until final action and decision be had thereon, and that said be forthwith apprehended and held to answer to said complaint, and to do and receive such sentence as may be awarded against him.1 A. B. C. D. E. F. 1 The complaint may be made by one person, as by § 35. See also, State ▾ Kaler, supra. [Name of county), ss. them signed is true. A. B., C. D., and E. F. made oath that the above complaint by Before me, - Trial Justice. Form of warrant in case of seizure. day of aforesaid, the said STATE OF MAINE. [Name of county], ss. To the sheriff of our said county of, or either of his deputies, or the constables of the town of or either of the towns within said county. [L. S.] Whereas, A. B., C. D., and E. F., of —, in said county, and competent to be witnesses in civil suits, on the day of in the year eighteen hundred and, in behalf of said State, on oath, complained to the subscriber, one of the trial justices within and for said county, that they believe, that on the day of -, in said year, at said intoxicating liquors were and still are deposited and kept by —, of, in said county, in [here follows a precise description of the place to be searched], and that said then and there intended and now intends to sell the same in this State, in violation of law as fully appears by the complaint hereunto annexed, and prayed that due process be issued to search the premises hereinbefore mentioned, where said liquors are believed to be deposited, and, if there found, that the said liquors and vessels be seized and safely kept until final action and decision be had thereon, and that said — be apprehended and held · to answer to said complaint, and to do and receive such sentence as may be awarded against him. You are, therefore, required, in the name of the State, to enter the - before named, and therein search for said liquors, and, if there found, to seize and safely keep the same, with the vessels in which they are contained, until final action and decision be had on the same; and to apprehend the said - forthwith, if he may be found in your precinct, and bring him before me, the subscriber, or some other trial justice within and for said county, to answer to said complaint, and to do and receive such sentence as may be awarded against him. Witness esquire, at year eighteen hundred and aforesaid, this Form of recognizance in case of seizure. day of, in the Trial Justice. Be it remembered, that at a justice court held by me, the subscriber, one of the trial justices within and for the county of —, at my office in said, on the day of, in the year of our Lord one thousand eight hundred and, personally appeared A. B., C. D., and E. F., and severally acknowledged themselves to be indebted to the State of Maine, in the respective sums following, to wit: dollars, and the said dollars each, to be levied The said as principal, in the sum of and as sureties, in the sum of of their respective goods, chattels, lands, or tenements, and in want thereof, of their bodies, to the use of the State, if default be made in the condition following: |