992,B. Unlawful keeping for sale and for a search of the premises. [See F. 872.1 on divers days and times before that day, not being then and there an agent for said town of - for the purchase of spirituous and intoxicating liquors and for the sale thereof within said town of —, for any purpose whatever; did then and there willfully and knowingly keep for sale ten gallons of spirituous and intoxicating liquor, contrary to the provisions of an act of the Legislature of the State of New-Hampshire, passed at the June session thereof, in the year of our Lord one thousand eight hundred and fifty-five, and approved the fourteenth day of July, in the last year aforesaid, entitled "An act for the suppression of intemperance;" the keeping for sale of said intoxicating liquor so then and there kept as aforesaid, not being a keeping for sale of spirituous or intoxicating liquors or either of them, by one agent appointed for the sale of spirituous and intoxicating liquors, under the provisions of said act, to another agent appointed for the sale of spirituous and intoxicating liquors, under the provisions of said act; and said intoxicating liquor so then and there kept for sale as aforesaid, by him, the said --, not being domestic wine or cider; and the same not being foreign spirituous or intoxicating liquor, imported by him, the said --, under the authority of the laws of the United States, and kept for sale by said - in the original casks or packages in which the same was imported; all which he, the said -then and there well knew; contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State. And the said — further complains, that he has reason to believe, and does believe, that certain spirituous and intoxicating liquors, to wit,—, and certain vessels, implements, or fixtures, usually connected with such traffic, to wit., , are to be found in or upon the premises now occupied by the said --, situate, &c., in said- - in the county aforesaid; and that an examination of the said premises would, inhis belief, furnish evidence to sustain the allegations of this complaint; and further, that he, the said —, desires to have the said premises, the same not being a private dwelling, no part of which is occupied as a tavern public eating-house, shop, grocery, or other place of common resort - searched. Wherefore the said prays that the said justice may issue a warrant, authorizing search of the said premises, and that the said may be held to answer to this complaint, and that justice may be done in the premises. - 992,c. Warrant, as in form 824, inserting the following direction after the words "answer to said complaint:" And we further command you, in the day time, in the presence of the said- -the said complainant, to search the premises now occupied by the said --, situate in said town of, in the county aforesaid, for the purpose of finding certain spirituous and intoxicating liquors, to wit:--, and certain vessels, implements or fixtures, usually connected with the traffic in the same, to wit. ——, and if any of the objects of such search are found in or upon the said premises, to make an inventory of the same in the presence of the said - —, the said complainant, and return the same, with this warrant. to me, the said justice, or some other justice, before whom said shall be had for trial. 388 COMMON SELLER RECORD OF EXAMINATION. 992,D. For being a common seller. [See F. 872.] on divers days and times before that day, not being then and there an agent for said town of, for the purchase of spirituous and intoxicating liquors and for the sale thereof, within said town for any purpose whatever; was then and there willfully and knowingly an unlawful, criminal and common seller of spirituous and intoxicating li quor, contrary to the provisions of an act of the Legislature of the State of New-Hampshire, passed at the June session thereof, in the year of our Lord one thousand eight hundred and fifty-five, and approved the fourteenth day of July, in the year last aforesaid, entitled "An act for the suppression of intemperance," the sale of said intoxicating liquor so then and there sold as aforesaid, not being a sale of spirituous or intoxicating liquors or of either of them, by one agent appointed for the sale of spirituous and intoxicating liquors, under the provisions of said act, to another agent appointed for the sale of spirituous and intoxicating liquors, under the provisions of said act; and said intoxicating liquor, so then and there sold as aforesaid, by him, the said not being domestic wine or cider; and the same not being foreign spirituous or intoxicating liquor, imported by him, the said --, under the authority of the laws of the United States, and sold by said - in the original casks or packages in which the same was imported; all which he, the said --, then and there well knew; contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State. And the said further complains, that he has reason to believe, and does believe, that spirituous and intoxicating liquors, to wit, &c., and certain vessels, implements or fixtures usually connected with such traffic, to wit, - --, &c., are to be found in or upon the premises now occupied by the said -, situate in said -, in the county aforesaid; and that an examination of the said premises would, in his belief, furnish evidence to sustain the allegations of this complaint; and further, that he, the said ——, desires to have the said premises-the same not being a private dwelling, no part of which is occupied as a tavern, public eating-house, shop, grocery, or other place of common resort-searched. Wherefore the said 11 prays that the said justice may issue a warrant, authorizing search of the said premises, and that the said may be held to answer to this complaint, and that justice may be done the premises. 993. Record of examination. Follow usual form to the words, "it appears to me, the said justice," then say that the said J. R. is guilty of the said offense; it is, therefore, ordered by me, the said justice, that the said J. R. recognize with two sufficient sureties, in the sum of -hundred dollars, to appear at the trial term of the supreme judicial court, next to be holden at —, in and for said county of, on the - Tuesday of - next, then and there to answer to all such matters and things as may be objected against him in behalf of said State, and in the mean time to keep the peace and be of good behavior; and especially not to violate the provisions of an act of the Legislature of said State, approved July 14th, 1855, entitled "An Act for the Suppression of Intemperance," and stand committed till this sentence be performed. The recognizance follows the same form. [See F. 872.] -- 994. For nuisance in keeping bowling alley. that the legal voters of the town of C., in said county of M., at a legal town meeting duly warned and holden in said C., on the - day of -, 185-, in pursuance of an article in the warrant for calling the said town meeting for that purpose, did then and there vote to adopt an act, entitled an act to suppress bowling alleys, passed by the legisla ture of said State, and approved by the governor thereof on the third day of July, in the year by force whereof the said act, and every portion thereof, then and there was adopted, and became and has ever since been and still is the law of the said State of New-Hampshire within the said town of C., and that T. R., of &c., well knowing that the said law was legally adopted as aforesaid in and by the town aforesaid, did thereafterwards, on the day of, 185-, at said C., open and let to use and for use a bowling alley, situated within twenty-five rods of divers dwelling-houses, stores, shops and meeting-houses, to wit., dwelling-houses, stores, and meeting-house, all situate and being within twenty-five rods of said bowling alley so erected and kept in and for said use by the said T. R. as aforesaid, in said C., and that he, the said T. R., has used, and let to others to use for hire, for bowling in and upon the same, by day and in the night time, from the said day of last past, to the day of making this complaint; to the common nuisance of all the good citizens of this State living near thereunto and passing the same, to the evil and pernicious example of all others in like case to offend, contrary to the statute, &c. 995. Peddling without license. [See F. 872.] at that A. B., of -, on the day of, in the year of our Lord [1856,] - aforesaid, in the county of aforesaid, unlawfully did exercise the business of a peddler, going from place to place exposing for sale wares and merchandise, not having presented to the clerk of the court of common pleas for said county a certificate from the selectmen of the town in which he then resided, of his inability to earn a subsistence by manual labor, by reason of ill health or decrepitude; said goods, wares and merchandise not being fish, breadstuffs, meat or animals, nor any articles the growth, produce or manufacture of this State, without a license therefor from the clerk of the court of common pleas for said county, nor from the clerk of the court of common pleas for any county in this State; contrary, &c. 996. Taking a store for less than a year. [See F. 872.] that A. B. and C. D., of, &c., at, &c., on, &c., did unlawfully go from place to place, and did take a store at H., in said county, for a less time than one year, for the purpose of exposing for sale goods, wares and merchandise; they, the said A. B. and C. D., nor either of them, having presented to the clerk of the court of common pleas for said county a certificate from the selectmen of the town in which they then resided, of their inability to earn a subsistence by manual labor by reason of ill health or decrepitude; and said goods, wares and merchandise, not being fish, breadstuffs, meat or animals, nor articles of the growth, produce or manufacture of this State, without license therefor from the clerk of the court of common pleas for said county, or from the clerk of the court of common pleas for any county in this State; contrary, &c., against, &c. 997. Peddler refusing to show his license. [See F. 872.] being a person having a license to exercise the business of a peddler, from the clerk of the court of common pleas for said county of M., while pursuing his said business of a peddler in this State, unlawfully did refuse to show his said license to one M. N., to whom he, the said J. R., then and there offered to sell some of his said goods, wares and merchandise, he, the said J. R., being thereto lawfully requested then and there by the said M. N. CHAPTER 48. OFFENSES RELATING TO ELECTIONS. 1. Penalty for treating at elections. 2. For voting illegally. 3. For neglect or fraud of selectmen. 4. For fraud of moderator or selectmen. § 1. If any person shall directly or indirectly give spirituous liquor to any voter at any time, with a view to influence any election, or as a treat for his vote, or for the honors bestowed on any candidate at such election, he shall be punished by fine not exceeding twenty dollars for each offense. R. S. 84, ch. 25, § 19; C. S. 88, § 19. §2. If any person, at any meeting for the choice of officers, shall give in more than one vote for any officer voted for at such meeting; or if any person under the age of twenty-one years, or any alien not naturalized, or any person who is not a legal voter, shall give in any vote for any officer at such meeting; or if any person, being under examination as to his qualifications as a voter before the board of selectmen, shall give any false name or answer, he shall be punished by fine not exceeding thirty dollars for each offense, or may be imprisoned in the common jail not exceeding three months. Ib. § 20; C. S. 89, § 21. §3. If any selectman, at any session holden for the correction of the list of voters, on receiving satisfactory evidence that any person whose name is on said list is not a legal voter, shall neglect or refuse to erase such name from said list, or shall neglect or refuse to insert on said list the name of any person who is a legal voter, having satisfactory evidence thereof; or shall neglect or refuse to hear or examine any evidence offered for such purpose in either of the cases aforesaid; or shall at any time insert on said list the name of any person not a legal voter, knowing such to be the case, or shall knowingly erase therefrom or omit to insert the name of any legal voter, he shall be punished by fine not exceeding fifty dollars for each offense. R. S. 85, § 21; C. S. 90, § 22. § 4. If any moderator or selectmen at any such meeting shall fraudulently receive and count any illegal vote, or shall fraudulently omit to receive and count any legal vote, or shall fraudulently embezzle any vote from the number of legal votes cast, or add any vote thereto, or shall receive and count any vote given at such meeting by proxy, and without the personal delivery of such vote by the person entitled to give the same, he shall for each offense be punished by fine not exceeding fifty dollars. Ib. § 22; C. S. 90, § 23. § 5. If any person shall be guilty of any offense against any provision of this act, the penalty for which is not herein specified, he shall be punished by fine not exceeding thirty dollars for each offense. Ib. § 23; C. S. 90, § 24. § 6. If any person shall directly or indirectly hire or procure, by payment, promises, threats or intimidations, any other person to stay away from any town meeting, or to avoid voting at any meeting, or to vote for or against any particular ticket or candidate for office, or [to] procure him to ask the abatcment of his taxes, or to be excused from paying taxes, in order to prevent him from voting at any election, such person shall be punished by a fine not exceeding fifty dollars or by imprisonment not exceeding thirty days. Laws, 1847, ch. 492, §1; C. S. 89, § 20. FORMS OF COMPLAINTS. 998. Not putting name of a voter on the check-list. [See F. 872.] that J. V., of, &c., from to the time of making this complaint, was a native born citizen of the United States, of twenty-one years of age and upwards, and during all the time aforesaid was never a pauper, nor excused from paying taxes at his own request, and had resided within the State of New-Hampshire more than six months, and within said town of L. more |