Eastern times. [volume] (Bath, Me.) 1846-1857, 1851-06-12

than the laws Of the United States prescribe,
they shall he declared forfeited, and be de-
stroy.d by authority Of the written order TO
that effect, ot said justice or judge aud 10 his
presence, or IN the presence OF some person
appointed by him to witness the destruction
thereof, aud who shall join with the officer
in n,Iesuing that fsctj and the owner or
keeper of such liquors shall pay a fine of
twenty dollars and costs, or stand committed
for thirty days, in default Of payment, if in
the opinion of the court said liquors shall
have been kept or deposited for the purposes
oi sale. And if the owner or possessor of
any liquors so seized. shall ciaim that they
have been regularly imported. under the laws
oi the United States. and that they nre con-
tanned in the original packages, The custom
house certificates OF importation und proofs
OF marks OH the casks U: packages corres-
Ponding thereto, shall not he received as ev>
Idence that The liquors contained in said
packages are those actually imported therein.
IL. IL the owner, or possessor Of liquors
so seized, shall be unknown to the officer
seizing the sume, they shall not be condemn
ed until they are advertised, with the number
and description of the packages as near as
may be, Tor two weeks, by posting up writ
ten description of the same in some public
place, that it such liquors aci,ally the proper
~ o: any city or town in the state, and were
50 at the Time OF the seizure, purchased for
sale by the agent of said city or town, for
medicinal and mechanical purpose Only, they
may not be destroyed but upon satisfactory
proof for such ownership, said officer shall
deliver them TO said agent
l3. Ii any person claiming any liquors
seized, shall appeal to the district courl be-
fore his appeal shall be allowed, he SHALL
give bond 10 tue sum of TWO hundred dol
lars TO prosecute his appeal, aud 10 pay all
fines and costs that may be awarded /; and in
case of any appeal, where the quantity Of
liquors seized shall exceed five gallons, ii
the fiual decision snail be that such liquors
were intended by him for sale, he shall he
adJudged common seller, aud shall be sub
Ject TO the penalties provided for in section
eight of this act. But nothing contained in
this act shall be construed to prevent any
htmI>t, artist or manuiac; urer in whose art
or trade they may be necessary, for keeping
at his place of busIness surh reasonable aud
proper quantity Of distilled liquors as I've may
have occasion 10 use in his art or trade, but
not Tor sale.
IA 1t shall be the duty Of any mayor, al
derman, selecimtn, asse>sor, city marshal or
deputy or constable, il he shall have inforna.
ton that any intoxicating liquors are KEEP, or
sold, in any public place on or near the
ground OF any cattle show, agricultural exhi.
btlon, military muster, or public occasion
OF any kind, to search such suspected place,
and il he shall fiud any intoxicating drinks,
he shall seize them, and arrest the keeper
or keepers, and take them before some JUS
tice or Judge of municipal or police courI,
with the liquors SO found and seized, and
upon proper proof, he or they shall he sem
fenced 10 Imprisonment in the county jail
for thirty days, and the liquors 50 seized
shall be destroyed.
10. Ii any person arrested under the pre-
cedIng section and sentenced as aforesaid
shall claim an appeal, he shall give bond Of
one hundred hollars, that lie will prosecute
his appeal and pay all fines, costs aud pen.
Mites which may be awarded. And if the
verdict OF the jury shall be against him. he
shall, IN addition TO the penalty awarded
by the lower court, pay fine OF twenty dol
lars. lD all cases OF appeal under this acI to
the district court, except where the proceed
ing is by action Of debt, they shall be con-
Quoted by the prosecuting officer of the
governmeEt-and said officer shall be enti-
tied to receive all costs taxable to the Stare
in all criminal proceedings under this ac;.
in addition to the salary allowed to such Off
Ger by law-bul no costs in such cases shall
be remilted or reduced by the pro.ecuiing
officer OF the court.
10. All payments or compensations for
liquors sold in violatian of law, whether in
money, labor or other property, either real
or personal shall be held and considered to
lave been received in violation of law, and
without consideration, and against law, equi-
~ and good conscience, and all sales,
transfers aud conveyances, mortgages, liens,
Attachments, pledges and securities of every
kind, which either in whole or in pnrt, shall
have been for on account Of spiriIuous or in.
toxicaiIne liquors, shall be utterly null and
void against "A II persons and in all cases. and
no right OF any kind shall he acquired there
by and in real or personal estate, the per-
chaser OF such liquors may be witness for
either party. And no action OF any kind
shall I've maintained IN any court IN this
Sratr, either in whole or in part for inIox-
icating or spirituous liquors sold in any other
State or county whatever, nor shall any ac-
rion of any kind be had or main aimed in
any court in this State for the recovery or
possession of Intoxicating or spiriluous
liquors, or the value thereof.
IL. The provisions OF tins act relating to
towns shall be applicable to cities and plan
ta,ions and those relating to seiecimen
shal also be applied to the mayor and der
men of cities aud assessors Of plantations.
lo. The ACT entitled an ac, to restrict the
sale OF intoxicating drinks approved in 1876,
is repealed, except the thirteen sections from
section ten to section twenty-five inclusive,
saving and reserving all actions or other pro.
ceedings. which are already commenced by
au'horily of the same; and all other acts aud
parts of acrs inconsistent with this act are
repealed. This act to take effect from aud
after lis approval by the governor.
.a.fs.