117 Me. 232 | Me. | 1918
This case is reported for the determination of this court upon an agreed statement of facts of which the complaint and warrant, the officer’s return thereon, and the libel and monition are made part.
From the agreed statement of facts, it-appears that on the seventh day of September, 1917, a deputy of the Sheriff of Oxford, without warrant, seized at Itumford, a Ford -Automobile, described substantially as in the title of this case, belonging to one John Karakus of Itumford, and also certain intoxicating liquors belonging to other parties. On the following day the deputy made complaint before a magistrate and procured a warrant upon which he made return that he had seized an automobile desciibed substantially as above and as in the complaint. No arrest was made upon the warrant nor any return of the seizure of liquors. On the same day the deputy filed his libel with the magistrate issuing the complaint on which the latter
Upon hearing the magistrate decreed the forfeiture of the automobile and the claimant appealed, claiming that the complaint, warrant and libel are defective and insufficient in law, because the complaint alleges that intoxicating liquors were kept, deposited and transported by John Karakus; because in neither complaint nor libel is it alleged that John Karakus was not at the time of the seizure of said automobile a common carrier and that said automobile was not then and there being used in the business of a common carrier; because the libel does not allege that at the time of seizure the automobile contained intoxicating liquors intended for illegal sale in this State and because the libel, if otherwise sufficient in form and substance, is void, because founded “upon a complaint and warrant which are defective and insufficient in law.”
It is agreed in the statement of the parties that this proceeding in rem is instituted under Chap. 294 of the Public Laws of 1917, the part of which here material is as follows: “All automobiles, trucks, wagons, boats or vessels, and vehicles of every kind, not common carriers, containing intoxicating liquors intended for illegal sale within the state, found within the state in the possession or in the control of any person using them for the transportation' of intoxicating liquors intended for illegal sale within the state, shall be seized by any officer seizing the liquors transported therein, shall be libeled as is provided for the libeling of intoxicating liquors and the vessels in which they are contained under chapter one hundred and twenty-seven of the revised statutes, and shall be declared forfeited by the court and sold in the same maimer as is provided for the sale of vessels containing intoxicating liquors.”
Evidently this provision of statute is in aid of R. S., Chap. 127, Sec. 20 (amended Chap. 291, Sec. 2, Public Laws 1917) forbidding the transportation knowingly from place to place in the State of intoxicating liquors intended for unlawful sale within the State.
Libel dismissed.
Automobile ordered returned to claimant.