when claimed.

exceeding one thousand dollars, and it shall be a sufficient cause for Indemnity, removal or dismissal from office. For any loss or damage arising to him, without fault or negligence on his part, in consequence of obedience to any precept, process, or warrant aforesaid, duly served, indemnity, if claimed, shall be claimed of the commonwealth after the loss or damage sustained, and in no other manner.

FORMS OF PROCEEDINGS.

1855, 397, § 1.

SECT. 63. The following forms may be used in prosecutions under Forms of prothis chapter, and, if substantially followed, shall be deemed sufficient ceedings. to fully and plainly, substantially and formally, describe the several offences in each of them set forth, and to authorize the lawful doings of the officers acting by virtue of the warrants issued in substantial conformity therewith; but this shall not be so construed as to prohibit the use of other suitable forms.

Form of a Complaint for keeping intoxicating liquor for sale, under section thirty-four. Complaint for COMMONWEALTH OF MASSACHUSETTS.

M-
To N. C., Esquire, one of the justices of the peace within and for the county of
M-
J. S. of L, in the county of M, in behalf of the commonwealth of Massa-
chusetts, on oath complains that D. E., of said L-
on the
day of
in
the year eighteen hundred and
at said L did keep intoxicating liquor
with intent to sell the same in this commonwealth, he, the said D. E., not being au-
thorized to sell the same in said commonwealth for any purpose under the provisions
of chapter eighty-six of the General Statutes of this commonwealth or by any legal
authority whatever, against the peace and contrary to the form of the statute in such
cases made and provided. Wherefore the said J. S. prays that a warrant may be issued
for the arrest of said D. E., and that he be dealt with as to law and justice may apper-
tain.
J. S-

Received and sworn to, the

day of

in the year eighteen hundred and Before NC- Justice of the Peace.

Form of Warrant to arrest the party accused on the foregoing Complaint.

M-, ss.

COMMONWEALTH OF MASSACHUSETTS.

To the sheriff of any county in the state, or either of his deputies, or either

[L. S.] constable of any town in the county of M

Greeting:

In the name of the commonwealth of Massachusetts, you are hereby required forthwith to apprehend D. E. of L, in said county of M- (if he may be found within your precinct,) who stands charged by the complaint of J. S., upon oath, with the offence of keeping intoxicating liquors, with intent to sell the same in this commonwealth, contrary to law, and bring him before the subscriber, or some other justice of the peace in said county of M-, to be dealt with as to law and justice may appertain.

You are also required to summon (Here insert the names of the witnesses) and the complainant, to appear and give evidence of what they may know touching the matter of said complaint, at the time and place you have said D. E. before either of said justices for trial. Hereof fail not, and make due return of your doings herein. Witness my hand and seal, at said L-, in the year one thousand eight hundred NC- Justice of the Peace.

and

M

Form of Mittimus for keeping intoxicating liquors for sale under section thirty-four.
COMMONWEALTH OF MASSACHUSETTS.

88.

[L. S.] To the sheriff of the county of M-, his deputies, the constables of the

town of L-, and the keeper of the Jail in C, in said county. Whereas D. E. of L, in said county, now stands convicted before me, the subscriber, one of the justices of the peace in and for said county of M—, of keeping intoxicating liquor at said L, on the in the year eighteen hundred and , with intent 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

of

keeping liquor for sale.

Warrant to arrest.

Mittimus.

Complaint to search.

Search warrant.

General Statutes of this commonwealth, or by any lawful authority whatever; for which
offence he, the said D. E., is sentenced by me, the said justice, to pay a fine of ten
dollars to the use of the commonwealth, and costs of prosecution, taxed at
lar and

dol

cents, and to be imprisoned twenty days in the house of correction in C, in said county.

We therefore command you, said sheriff, deputies, and constables, and each of you, forthwith to convey the defendant, D. E., to the house of correction in C, in the county aforesaid, and to deliver him to said keeper. And you, the keeper, are, in like manner, commanded to receive the defendant, D. E., (whom we herewith send,) into your custody in said jail, there safely to keep him for twenty days, and to keep him twenty days longer unless said fine and costs are sooner paid, or until he be otherwise discharged by due course of law. , in the year NC, Justice of the Peace.

Witness my hand and seal at eighteen hundred and

aforesaid, the

day of

Form of Complaint to search for intoxicating liquor, under section forty-two.

M-, ss.

COMMONWEALTH OF MASSACHUSETTS.

To N. C., Esquire, a justice of the peace within and for the county of M—. J. S., and L. P., both of B- in said county of M, and both being of full age, and competent to testify, in behalf of the commonwealth of Massachusetts, on oath, complain that they have reason to believe, and do believe, that intoxicating liquors, to wit:

(Here describe the liquors, as a certain quantity of rum, being about, and not exceeding, gallons; a certain quantity of gin, being about, and not exceeding, gallons, &c., according to the facts) on the day of , in the year one thousand eight hundred and , were, and still are kept and deposited by D. E., of said B- in a certain situate

(Here describe the building or other place, with particulars of its location, sufficiently to identify it)

in said B, and occupied by said D. E., and which liquors are intended by said
D. E. for sale in this commonwealth, said D. E. not being authorized to sell the same
in this commonwealth, or to manufacture or keep the same for sale, for any purpose
under the provisions of chapter eighty-six of the General Statutes of this common-
wealth, or by any other legal authority whatever, against the peace of the common-
wealth and the form of the statute in such case made and provided; and said com-
plainants pray for a warrant to search said described as aforesaid, for said
liquors, and that the same may be declared to be forfeited, and that said D. E., and all
other persons claiming an interest in said liquors, may be summoned to appear before
said justice, or some other justice of the peace or court having jurisdiction of the case,
to show cause, if any they have, why said liquors should not be declared forfeited.
(If the place intended to be searched be a dwelling-house, and no tavern, store,
grocery, eating-room, or place of common resort be kept therein, the complaint should
conclude as follows:-)

And I, J. S., one of the above-named complainants, on oath, say that I have reason
to believe, and do believe, that intoxicating liquor, such as is above mentioned, has
been sold in the house above mentioned, (or has been taken from the house above
mentioned for the purpose of being sold,) by the occupant of said house, or with the
consent and permission of the occupant of said house, contrary to law, within one
month next before this day, and that said liquor above mentioned is now kept in said
house for sale by said D. E., contrary to law; and my belief aforesaid is founded on
the following facts and circumstances:
(Here let such facts and circumstances be stated.)

Received and sworn to at said B

before me, this

J-
L

P

day of

in the year

one thousand eight hundred and ; and it appears to me that there is probable cause to believe the foregoing complaint to be true.

M

NC, Justice of the Peace.

Form of Warrant to search a dwelling-house and seize liquors therein unlawfully kept

[L. 8.]

SS.

for sale.

COMMONWEALTH OF MASSACHUSETTS.

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

Whereas J. S. and L. P., both of said B—, and both of full age, and competent to testify, on the day of in the year one thousand eight hundred and at said B, in behalf of the commonwealth aforesaid, on oath, complained to the undersigned, one of the justices of the peace within and for said county of M, that

day of , in the year

they have reason to believe, and do believe, that on the
one thousand eight hundred and , at said B-, intoxicating liquors, to wit:-
(Here describe the liquors, as in the complaint)
are kept and deposited by D. E., of said B, in a certain
(Here describe the building or other place, as in the complaint)
in said B——, and occupied by said D. E. as a

situate

and that said liquors were, and are, intended for sale by said D. E., in this commonwealth, contrary to law-he, said D. E., not being then and there authorized to sell or manufacture, or keep such liquors for sale in this commonwealth for any purpose under the provisions of chapter eightysix of the General Statutes of this commonwealth, or by any other legal authority whatever, whereby said liquors have become liable to be forfeited.

(In case the place to be searched be a dwelling-house, and no tavern, store, grocery, eating-room, or place of common resort, be kept therein, the warrant should contain the following clause :-)

(And J. S., one of the said complainants, has duly made oath that he has reason to believe, and doth believe, that intoxicating liquors, such as are mentioned in the complaint, have been illegally sold in said house, within one month last past, by the occupant thereof, (or with the permission and consent of the occupant thereof, or have been taken from said house for the purpose of being sold,) contrary to law, within one month last past, and that such liquors are kept and deposited in said house by said D. E., and intended for sale in this commonwealth, contrary to law, and has, in his said oath, stated the following facts and circumstances on which said belief was founded.)

(Here let the facts and circumstances be repeated, as in the complaint.) And said complainants have also prayed that due process may issue to search for said liquors, and that such further proceedings may be had in the premises as to law and justice in that behalf may appertain; and whereas it appears to me, the subscriber, on the complaint aforesaid, that probable cause has been shown for the issuing of a warrant of search thereupon:

These, therefore, are to require you in the name of the commonwealth, taking with you proper assistants, forthwith to enter the herein above described, and make diligent and careful search for all the liquors herein above described, and, if such liquors are found therein, to seize and convey the same, and the vessels which contain such liquors, to some place of safety, and safely keep the same, to await the final action and decision of the court upon said complaint.

Herein fail not, and make due return of this warrant, with your doings thereon. Witness my hand and seal at said B- this day of thousand eight hundred and

in the year one

N▬▬▬▬▬▬▬▬ C▬▬▬▬▬▬▬▬, Justice of the Peace.

(In a warrant for searching any other place besides a dwelling-house, that part in the foregoing form which relates to the means of knowledge of the complainant that a sale had been made in the building should be omitted.)

M

[L. 8.]

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

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

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

(Here describe the building in which the liquor was seized, if it be found in any building; but if not found in any building, say in some public place in said town of B-,) and also by publishing an attested copy thereof twice (or more times if thought advisable) in the a newspaper published in said B- ; and you are hereby commanded to serve said copy on said D. E. and to post another copy as above directed, and to publish the copy of said notice the first time, at least fourteen days before the day of , in the year one thousand eight hundred and

Hereof fail not, and make due return of this warrant, with your doings thereon.
Witness my hand and seal at B―, this
, in the year one thou-

sand eight hundred and

day of N

Justice of the Peace.

Warrant to serve notice returnable before a justice.

Form of Notice under sections forty-six and forty-seven, to be annexed to the foregoing Form of notice.

Warrant, and served as therein directed.

To D. E., of B, in the county of M——, and to any and all other persons claiming any interest in (twenty gallons of rum in a barrel, two gallons of gin in a demijohn, and in said barrel and demijohn, or as the case may be,) which, by virtue of

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

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 containing them,

(Here name the place appointed for the hearing)

at

o'clock

in said B-
thousand eight hundred and

9

M., on the

day of in the year one

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

hundred and

Warrant to

serve notice returnable before

superior court.

M

[L. 8.]

Form of notice.

SS.

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

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

You are hereby commanded to serve the annexed notice, by delivering an attested copy thereof into the hands of D. E., of B- in the county of M

-, or by leav. ing an attested copy thereof at his usual place of abode, and also by posting up another attested copy thereof on

(Here describe the building in which the liquor was seized, if it be found in any building; but if not found in any building, add, in some public place in said town of B-,) and also by publishing an attested copy thereof twice (or more times if the magistrate thinks it necessary) in the a newspaper published in said B—; and you are hereby commanded to serve said copy on said D. E., and to post another copy as above directed, and to publish the copy of said notice the first time, at least fourteen days before the in the year eighteen hundred and Hereof fail not, and make return of this warrant, with your doings thereon, before the justices of our superior court next to be holden at C, in and for our county of M, 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 claiming any interest in (one hundred gallons of brandy in two hogsheads, and two gallons of gin in a demijohn, and in said hogsheads and demijohn, or as the case may be,) which, by virtue of a warrant issued by me, have been seized (at the dwellinghouse of said D. E., in said B-, or as the case may be) on the day of in the year one thousand eight hundred and the value of which brandy and gin, with the vessels containing them, in my opinion, exceeds twenty dollars. You are hereby required to appear before the justices of the superior court next to be holden at C, in said county of M-, on the next, to answer to the complaint against said liquors and vessels containing them, and for trial, and to show cause, if any you have, why said liquors and vessels should not be forfeited for being kept for sale by said D. E., in violation of the laws of this commonwealth.

Witness my hand and seal at B- this sand eight hundred and

Warrant for de- Form of Warrant to deliver liquor, suitable for chemical, medicinal or mechanical purposez,

to town agent, and to destroy liquor unsuitable for such purposes.
COMMONWEALTH OF MASSACHUSETTS.

To L. M., deputy-sheriff, (here name the officer having the liquor in custody,)
and S. T., a person appointed by NC, a justice of the peace for
said county, to witness the destruction of certain intoxicating liquors.
Greeting:
Whereas certain intoxicating liquors, to wit, (ten gallons of gin in a barrel, and
four gallons of port wine in a demijohn, or as the case may be,) have been declared
forfeited by me, the subscriber, one of the justices of the peace in and for the county
of M-, for having been kept by D. E., of B-, in said county of M, at said
B-, on the
in the year eighteen hundred and

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 forefeited 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 NC

day of

Justice of the Peace.

gerous build

how disposed

SECTION 1. In any city or town which has adopted chapter four Burnt or danhundred and sixty-nine of the statutes of eighteen hundred and fifty-ngs adjudged five, or which shall adopt this and the four following sections, at a legal nuisances, meeting of the city council or inhabitants of the town, if the mayor and of. aldermen or selectmen, after due notice in writing to the owner of any 1855, 469, §§ 1, 6, 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.

ply for jury.

SECT. 2. Any owner aggrieved by such order may within three days Owner agof the service thereof upon him apply for a jury to the superior court, if grieved may apsitting 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 1859, 196. 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