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75 Mass. 3

Commonwealth v. Gilland

Massachusetts Supreme Judicial Court

Decided September 15, 1857

Massachusetts Supreme Judicial Court · decided 1857-09-15

’ Complaint to the police court of Milford, under St. 1855, c. 215, § 24, averring that the defendant, on the 4th of August 1856, at Milford, “ did keep intoxicating liquor with intent to sell the same in this commonwealth, he the said Charles Gil-land not being authorized to sell the same in said commonwealth for any purpose under the provisions of” St. 1855, c. 215, “ or by any legal authority whatever; against the peace of the Commonwealth, and contrary to the form of the…

Decided 1857-09-15

By the Court.

¶11. This complaint is in the form prescribed by St. 1855, c. 397, and sufficiently avers that the defendant kept the liquors with intent to sell them contrary to law, by alleging that the defendant was not authorized to sell them in this commonwealth for any purpose whatever under the statute of 1855, c. 315. This excludes any possible legal authority in the defendant to sell liquors in this commonwealth, inasmuch as any authority to sell liquors could be derived only from that statute.

¶23. The second section of St. 1838, c. 147, authorizing the justice of “ any police court,” except in Boston, to appoint a clerk, is a general provision, intended to enable the justices of such courts, then or thereafter to be established, to appoint a clerk whenever the amount of their business should require it

¶3Exceptions overruled.

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