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§2003-A
Title 17: CRIMES
Chapter 69: INTOXICATION
§2005

§2004. Forms

The forms set forth in this section, with such changes as adapt them for use in municipalities, are sufficient in law for all cases arising under the provisions to which they purport to be adapted; and the costs to be taxed and allowed for a libel must be 50¢; for entering the same, 30¢; for trying the same, $1; for a monition, 50¢; for posting notices and return, $1; for order to restore or deliver, 25¢; and for executing the order, 50¢.
Form of Complaint for Single Sale
STATE OF MAINE
Judge of District Court
............, ss. -- ToClerk
Justice of the Peace
A. B., of ........, in the county of ........, on the ....... day of ...., in the year of our Lord two thousand ........, on behalf of the State, on oath ....... complains, that ........, of ........., in the county of ........, on the ......... day of ...., 20..., at said ........, in the county of ........, did then and there sell a quantity of intoxicating liquors, to wit: one ......... of intoxicating liquor to one ........, (or if the individual is unknown, "to some person to the complainant unknown,") against the peace of the State, and contrary to the form of the statute in such case made and provided.
A. B.
On the .......... day of ....., 20...., said ......... makes oath, that the above complaint, by ........subscribed, is true.
District Court Judge
Before me,.....................................Clerk
Justice of the Peace.
[RR 2025, c. 2, Pt. E, §12 (COR).]
Form of Warrant upon Complaint for Single Sale
STATE OF MAINE
........., ss. -- To the sheriff of the county of .........., or either of the sheriff's deputies, or either of the constables of the town of ..........., or of any of the towns in the county. Greeting.
[L. S.] Whereas, A. B., of ............, on the ........... day of ...., in the year of our Lord two thousand ........., on behalf of the State, on oath .................. complained to me, the subscriber, one of the ...................... Judges of the District Court Clerks .................................., that ............ .........., Justices of the Peace .............. of ............, in the county of ........, on the .......... day of ...., 20...., at said .........., in the county of ..........., did sell a quantity of intoxicating liquors, to wit: one ......... of intoxicating liquor to one .........., against the peace of the 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 ..........., if that person may be found in your precinct, and bring that person before the court, the subscriber, to answer to the State upon the complaint.
Witness, my hand and seal at ........., this ........ day of ...., in the year of our Lord two thousand ......
Judge
............................. Clerk
Justice of the Peace.
[RR 2025, c. 2, Pt. E, §12 (COR).]
Form of Complaint in Case of Seizure
STATE OF MAINE
.........., ss ........... To A.B., Esquire,
District Court Judge
Clerk
Justice of the Peace
District .........., Division ........
A. B., of .........., in the county of ........, competent to be a witness in civil actions, on the ............ day of ...., in the year two thousand ............, on behalf of the State, on oath complains, that A. B. believes, that on the ............ day of ....., 20.... at said ..........., intoxicating liquors were, and still are kept and deposited by ......... of .........., in the county of ........, in ........, (here describe with precision the place to be searched) and that the liquors then and there were, and now are intended by .............. for sale in violation of law, against the peace of the State and contrary to the form of the statute in such case made and provided.
I therefore pray that due process be issued to search the premises described in this complaint where the liquors are believed to be deposited, and if there found, that the liquors and vessels be seized and safely kept until final action and decision is made on this complaint and that .... be forthwith apprehended and held to answer to this complaint and to do and receive such sentence as may be awarded against that person.
........., ss. -- On the ............ day of ...., 20...., A. B. made oath that the above complaint by A. B. signed is true.
Before me, .........................
District Court Judge
Clerk
Justice of the Peace.
[RR 2025, c. 2, Pt. E, §12 (COR).]
Form of Warrant in Case of Seizure
STATE OF MAINE
District .......
Division of ..................
.........., ss. ........ To the sheriff of our several counties or any of their deputies, or any of the constables or police officers of any municipality in the State or any State Police officer.
[L. S.] Whereas A. B., of .........., in the county of ........, competent to be a witness in civil actions, on the ........... day of ....., in the year two thousand .........., on behalf of the State, on oath complained to the subscriber, an officer of the District Court, that A. B. believes that on the ........... day of ...., 20...., at said .........., intoxicating liquors were and still are deposited and kept by ........., of ..........., in the county of ........, in ..........., (here follows a precise description of the place to be searched) and that .......... then and there intended and now intends that the liquors be sold, in violation of law as fully appears by the attached complaint, and prayed that due process be issued to search the premises described in this warrant, where the liquors are believed to be deposited, and, if there found, that the liquors and vessels be seized and safely kept until final action and decision is made on the attached complaint and that .......... be apprehended and held to answer to the complaint and to do and receive such sentence as may be awarded against that person: --
You are therefore required in the name of the State to enter the ............ before named and to search for the liquors, and, if there found, to seize and safely keep the liquors, with the vessels in which they are contained, until final action and decision is had on the complaint; and to apprehend ............ forthwith, if that person may be found in your precinct, and bring that person before the court, to do and receive such sentence as may be awarded against that person.
Witness, ........., at ..........., this ......... day of ...., in the year of our Lord two thousand .........
District Court Judge
............ Clerk
Justice of the Peace
[RR 2025, c. 2, Pt. E, §12 (COR).]
Form of Libel
STATE OF MAINE
District ...........
Division of ........
County of ...., ss. -- To A.B., District Court Judge
Clerk
Justice of the Peace
The libel of C.D., of ..........., shows that the libelant had, by lawful seizure, seized certain intoxicating liquors and the vessels in which the liquors were contained, described as follows: .......... (here follows a description of the liquors) because the liquors were kept and deposited at ............. (describing the place) in the county of .........., and were intended for sale, in violation of law. Therefore the libelant prays for a decree of forfeiture of the liquors and vessels, according to the provisions of law in such case made and provided.
Dated at .........., in the county of ........, this ........ day of ......, in the year of our Lord two thousand ........
(Signed.) ............
[RR 2025, c. 2, Pt. E, §12 (COR).]
Form of Monition and Notice
STATE OF MAINE
District ...........
Division of ........
County of ..............., ss.
[L. S.] To all persons interested in ......... (here insert the description of the liquors, as in the libel).
The libel of C. D., here attached, this day filed in District Court, shows that the libelant has seized the liquors and vessels because (insert as in the libel), and prays for a decree of forfeiture of the liquors and vessels according to the provisions of law in such case made and provided.
You are, therefore, hereby notified that you may appear before this court on the ......... day of ....., 20...., and then and there show cause why the liquors and the vessels in which they are contained should not be declared forfeited.
Given under my hand and seal at ............, on the ........ day of ...., in the year of our Lord two thousand ........
District Court Judge
............ Clerk
Justice of the Peace.
[RR 2025, c. 2, Pt. E, §12 (COR).]
Form of Complaint in Case of Seizure of Automobile
STATE OF MAINE
District.................................
Division of................................
Judge
...., ss. -- To the Clerk
Justice of the Peace
of the District Court:
A. B., of ............, in the county of ........, competent to be a witness in civil actions, on the ......... day of ......, A. D., 20.., on behalf of the State, on oath complains that the complainant believes that on the .......... day of .... in the year 20.., at .........., in the county of ........, a certain automobile, described in this complaint, was knowingly used for the illegal transportation of intoxicating liquors and intoxicating liquors were kept and deposited by persons unknown in that automobile, situated on ......... street, in .........., in the county of ........, near number ............ on that street in ............, and occupied by those persons unknown, the persons unknown not being then and there authorized by law to transport liquors within the State, and that the liquors were then and there knowingly being transported within the 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; and that the liquors were then and there intended by the persons unknown for sale in violation of law, against the peace of the State and contrary to the form of the statute in such case made and provided.
The complainant on oath further complains that the complainant, ......... at ......... on the ........... day of ...., A. D., 20...., being then and there an officer, to wit, a deputy sheriff, within and for the county, duly qualified and authorized by law to seize automobiles used for the illegal transportation of intoxicating liquors and intoxicating liquors kept and deposited for unlawful sale and the vessels containing them, by virtue of a warrant issued in conformity with the provisions of the law, did find upon the premises described in this complaint one ..........., bearing engine number .........., and the 20.... license plates numbered .............., and the automobile then and there contained ........, the automobile was not then and there a common carrier and the automobile was not then and there engaged in the business of a common carrier; and the automobile was then and there in the possession, care and control of ............ and the automobile was then and there knowingly used by ............ for the illegal transportation of intoxicating liquors from place to place in ............ with intent that the intoxicating liquors should be sold in violation of law; and the intoxicating liquors, and the vessels containing the liquors, were then and there kept, deposited and intended for unlawful sale, and the automobile was then and there being used for the illegal transportation of the liquors, within the State by the persons unknown, and did then and there by virtue of this authority as a deputy sheriff seize the automobile, the intoxicating liquors and the vessels containing the liquors, to be kept in some safe place for a reasonable time, and has since kept and does still keep the automobile, liquors and vessels to procure a warrant to seize them.
The complainant therefore prays that due process be issued to seize the automobile, liquors and vessels and to safely keep them until final action and decision be had on this complaint and that the persons unknown be forthwith apprehended and held to answer to the complaint and to do and receive such sentence as may be awarded against them.
On the ......... day of ...., the complainant makes oath that the above complaint signed by the complainant is true.
District Court Judge
Before me, .........................................., Clerk
Justice of the Peace.
[RR 2025, c. 2, Pt. E, §12 (COR).]
Form of Warrant in Case of Seizure of Automobile
STATE OF MAINE
.........., ss. -- To the sheriff of the county of .........., or either of the sheriff's deputies, or either of the constables or police officers of any city or town within the county:
[L. S.]
In the name of the State you are commanded to seize the automobile, liquors and vessels containing the liquors, named in the attached complaint of .......... and now in the complainant's custody as set forth in the complaint, which is expressly referred to as a part of this warrant, and safely keep the automobile, liquors and vessels, until final action and decision is made on the attached complaint, and to apprehend the persons unknown forthwith, if they may be found in your precinct, and them bring before the court, held at the District Court in .........., to answer to the complaint and to do and receive such sentence as may be awarded against them.
Witness, .........., .......... Esquire, Judge at .........., this .......... day of ...., A. D., 20....
.......... Judge
[RR 2025, c. 2, Pt. E, §12 (COR).]
Form of Libel for Automobile
STATE OF MAINE
District ...........
Division of ........
.........., ss. -- To the Judge of the District Court:
The libel of .......... shows that the libelant has by virtue of a warrant duly issued by the Judge of the District Court seized on the .......... day of ...., A. D., 20.... a certain automobile, intoxicating liquors and the vessels in which the liquors were contained, described as follows:
One .......... bearing engine number .......... and the 20.... license plates numbered .........., and the automobile then and there contained .........., the automobile was not then and there a common carrier and the automobile was not then and there engaged in the business of a common carrier; and the automobile was then and there in the possession, care and control of .........., and the automobile was then and there knowingly used by .......... for the illegal transportation of intoxicating liquors from place to place in .........., and because the liquors were then and there kept and deposited on the .......... day of ...., A. D., 20...., on .......... street, in .........., in the county of ........, near number .......... on that street, in .........., and because the automobile was being knowingly used for the illegal transportation of the liquors, within the State in violation of law. Therefore the libelant prays for a decree of forfeiture of the automobile, liquors and vessels, according to the provisions of law in such case made and provided.
Dated at .........., in the county of ........, the .......... day of ...., A. D. 20....
(Signed.) .........., Deputy Sheriff.
[RR 2025, c. 2, Pt. E, §12 (COR).]
Form of Monition and Notice in Case of Automobile
STATE OF MAINE
.........., ss.
[L. S.] To all persons interested in the automobile, liquors and vessels described in the attached libel:
The libel of .......... here attached, this day filed with the District Court, shows that the libelant has seized the automobile, liquors and vessels because the automobile, liquors and vessels were used, kept and deposited as set forth in the libel, and the automobile was then and there knowingly used for the illegal transportation of intoxicating liquors, and prays for a decree of forfeiture of the automobile, liquors and vessels, according to the provisions of law in such case made and provided.
You are, therefore, hereby notified that you may appear before the court in .........., on the .......... day of ...., A. D., 20...., at .... o'clock, A.M. and then and there show cause why the automobile, liquors and vessels in which they are contained should not be declared forfeited.
Witness, .........., .........., Esquire, Judge at .........., this .......... day of ...., A. D., 20....
.......... Judge
  [RR 2025, c. 2, Pt. E, §12 (COR).]
SECTION HISTORY
PL 1965, c. 431, §§15,15-A (AMD). PL 1987, c. 736, §§29-35 (AMD). RR 2025, c. 2, Pt. E, §12 (COR).
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