Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1851-12-26

city or town in pursuance of any of the pro-
visions of this act shall be made known to the
mayor and aldermen, or selectmen, or shall in
any manner come to their knowledge, they or
some of them SHALL at the expense, and for
the use of said city or town cause the bond to be
put in suit 10 any court properto try the same.
Makers and common sellers
SECT 8. No person shall be allowed to be a
manufacturer OF any spirituous or intoxicating Ii
quOr, common seller thereof without being du-
ly appointed aforesaid, pain of FORGETTING on
the first conviction, the sun Of one hundred dol
lars and the costs Of prosecution. and in default
OF the payment thereof, the person so convicted
shall be imprisoned sixty days in the common
convicted shall pay the 81 two hundred dol
lars and costs of prosecution; and~in default of
payment shall be imprisoned tps months in the
common Jail; and on the tha<9 lind every suisse
queat Convection shall pa'ne sum Of two hun
area dollars and shall boF-mpnsoned tour months
in the common Jail of the county where the offence
was committed said penalties to be recovered
before any court of competent jurisdiction, by IN
dIctment, or by action of debt in the name of the
city or town where the offence shall be commit.
ted. And whenever default shall be had Of any
recognizancc arising under this act, scire acias
shall be issued, returnable at the next term, and
the same shall not be cuntinued unless for good
cause satisfactory to the court.
No lGacleSS rtmscliers to be jurors
SECT. 9. No person engaged in the unlawful
to sit upon any jury in any arising under this
act and when information shall be communica-
ted to the court, that any member oi any pannel
is engaged in such traffic. or that he is believed to
be SO engaged, the court shall inquire of the jury
man OF whom such belief is entertained and no
answer which he shall make shall be used against
him in any case arising under this act but if he
shall answer falsely, he shall be incapable Of ser
wing on any jury in this State; but he may decline
TO answer, in which case he shall be discharged by
fhop F.... C. l.
man.
These cases to stand first for trial. DC
SECT. 10. All cases arising under this act,
whether by action, indictment complaint,
which shall come before a superior court either
by appeal or original entry, shall take precedence
in said court of all other business, except those
criminal cases in which the parties are actually
under arrest, awaiting trial and the court and
prosecuting officer shall not have authority to en-
ter nole prosequi, or TO grant a continuance in
any case arising under this act either before OF af
tel the verdict. except where the purposes of
justice shall require it
Liquors may be searched for and seized.
SECT. III. If any three persons. voters in the
town or city where the complaint shall be made,
shall before any justice of the peace or Judge of
any municipal OF police court, make complaint un-
der oath or affirmation that they have reason TO be-
lieVe, and do believe that spirituous or intoxicating
liquors are Kept or deposited, and intended for
sale, oy any person not authorized to sell the same
IN sad city or town under the provisions of this
act, IN any store, shop, warehouse or other build.
ing or place In said city or town. said Justice or
Judge shall issue his warrant of search to any sher-
III, city marshal or deputy, or to AIRY constable
VINO snail proceed to SET rcb the premises described
IN said warrant, and if any spirituous or intoxica
ting liquors are found therein he shall seize the
same, ana convey them TO some proper place of
security, where he shall keep them until final ac-
uon is had thereon But no dwelling house in
n nf hiof, IT, n
De searched unless at least of said complain
ants shall testify to some of sale of intoxica-
ing liquors therein, by the occupant thereof or BIZ
his consent or permission, within at least one
month OF the time of making said complaint And
the owner or keeper OF said liquors seized as A.
ioresad II he shall be known to the officer seiznp
the same, shall be summoned forthwith before the
justice or Judge by whose warrant the liquors were
seized, and IT he fails to appear or unless he can
show by positive proof that said liquors are of for
egn production, that they have been imported un.
Del the laws of the United States and IN accord.
ance therewith-that they are contaiaed IN the o.
ngnal packages in which they were imported and
IN quantities not less than the laws of the United
States prescribe, they snail be declared forfeited.
and shall be destroyed by authority of the written
order to that effect Of said Justice or Judge and in
ms presence, or in the presence of some person
appointed by him 10 witness the destruction there
OF, and who shall join with the officer BY whom
they shall have been destroyed in attesting that
fact upon the back of the order by authority Of
which it was done; and The owner or keeper OF
such liquors shall pay fine of twenty dollars and
cost, or stand committed for thirty DAYS, in default
of payment, if IN the opinion of the court said H.
quors shall have been kept or deposited for the
purposes Of sale. And ifthe owner or possessor of
any liquors seized in pursuance of this section.
shall set up the claim that they have been regularly
imported under the laws Of the United States, and
that they are contained in the original packages,
the custom house certificates of importation and
proofs OF marks on the casks or packages CORES.
ponding thereto shall not be received as evidence
that the liquors contained in said packages act
uallv imported therein.
Seized liquors, ho'p disposed Of &C.
SECT. II. If the owner, keeper or possessor Of
Liquors seized under the provisions Of this act
shall be unknown 10 the officer Selling the same
they shall not be condemned and destroyed unit
they shall have been advertised, with the number
and description of the packages may be
for two weeks by posting up written description
of the in some public place, that if such Ii
quors actually the property Of any city or town
in the state and were at the time of the seizure
purchased tor sale by the agent of said city OF
town for medicinal and mechanical purposes only
in pursuance Of the provisions of this act they
may not be destroyed but upon satisfactory proc
of such ownership within said two weeks before
the justice Judge by whose authority said uuors
were seized, said justice or judge shall deliver tc
the agent of said city or town an order to the
officer having said liquors in custody; where
upon said officer shall deliver them to said
agent. taking his receipt therefor upon the bach
of said order, which shall be returned to said Jus
tice or Judge.
appeal Of claimants Of seized liquors.
SECT Is. If any person claiming any liquors
seized as aforesaid, SHALL appeal from the ludg-
ment Of any justice or judge by whose authority
the seizure was made TO the district court before
his appeal shall be allowed, he shall give bond in
the sum Of two hundred dollars with two good and
sufficient suretes TO prosecute his appeal and to
pay all fines and costs which may be awarded a.
gainst him and in the case of any such appeal
where the quantity Of liquors SO seized shall exceed
i've gallons, il the final decision shall be against
the appellant, that such liquors we're intended by
him for sale, he shall be adjudged by the court a
common seller of Intoxicating liquors, and shall be
subject to the penalties provided for in section
eight oil this act and said lluuors shall be DESTROYED