Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1852-02-24
AN ACT
IAN HUI
Concerning the Manufacture and sale of
Spirituous or Intoxicating Liquors.
Conclusion.


shall, before Justice oil the Peaces OF Judge oil
any Police Court, make complaint under oath or at-
firmaton, that they have reason to believe and do
believe that spirituouS or intoxicating liquors
kent or deposited, and intended for sale, 10y any per-
son not authorized TO sell the same IN said city or
town, under the provisions Of hs act, IN any store,
shop, warehouse, any steamboat or other vessel,
or in any vehicle Of any kind, in any building
place in said city town. said Justice or udge shall
issue his warrant Of search any Sheriff or Deputy
Sheriff, or CITY Marshal Deputy Marshal, or TO
any Constable Svho shall proceed to search the pre-
misses described IL such warrant; and il any spirit
uons intoxicating liquors are found therein, he
shall seize the same, aud convey hem TO pro-
per place of security, where he shall keep them until
some final action he had thereon; anal such liquors
so serEed together with the implements OF the n,Ec,
may be used in evidence against amy person charged
with the unlawful manufacture OF spIrIuous inlox-
icating liquors; but no dwelling house in which,
in part oil which, shop inn Is not kept, shall be
searched, unless ol the compainants shall make
oath o, affirmation that they have believe,
and do believe, that such liquors have been sold
therein, by the occupant thereof, or by his consent
or permission, within the time of one month Of max.
ing such complaint, aud are then kept therein for
sale, and shall, IN their oath or animation, stale the
facts or circumstances which such belief is found
ed, which facts aad circumstances shall be sufficient,
in the judgment Of the Magistrate before whom COM
plant is made, reasonably induce said belief.
And the owner on keeper of said liquors seized as
aforesaid il he shall be known to the officer seizng
the same, shall be summoned forthwith before the
Justice or Judge, by whose warrant the hqours were
seized, and It he fail to appear, or unless he can
show by positive proof that said lqnors OF for
eign productions that they have been imported under
the laws of the United States, and accordance
therewth-that they are contained in the original
packages in which they imported, and in guam
titles not less than the laws Of the United States pre-
SCRIBE or are kept for sale by authority derived under
,fbor l1.tsf Ia, oil H..
declared forfeited, and shall be destroyed by the au-
thority Of the written order TO that effect OF said
Justice Judge, and in his presence, in the pres
of some person appointed by him witness the
destruction thereof, and who shall join with the Off
Ger, by whom they shall have been destroyed, in
attestng that fact upon the back OF the order by au-
thority Of which il was done; and the owner or
keeper of said liquors shall pay fine of twenty dol
lars and costs, stand committed for thirty days. in
default Of payment, il the opinion of said Court,
said liquors shall have been kept or deposited for
sale contrary the provisions Of said act And if
the owner possessor OF any liquors seized in pur-
suance oil the provisions OF this secIlon shall up
the claim that they have been regularly imported
under the laws Of the United States, aud that they
are contained in the original packages, the Custom
House certificates Of iGnporation and proofs of
marks on the casks OF packages corresponding there
10, shall not be received evidence that the liquors
contained in said packages those actually import
ed therein.
Liquors Of unltRowa owaes
Sec. 16 Ii the owner Keeper or possessor of
liquors seized under the provisions of this Act, shall
be unknown TO the officer Selling the same, they shall
not be condemned and DESTROYED until they shall have
been advertised, with the number and description of
the packages, as near as may be, for two weeks by
posting up written description Of the same,
public place, that if such liquors are actually the
property OF any city or town IN the Stale, and
at the time Of their seizure, purchased and for
sale by the agent OF said city town. for medicinal,
chemical, or mechanical purposes only, except wine
for sacramento purposes, in pursuance Of the pro.
visions OF this act, the properly OF some person
duly authorized TO manufacture and sell such liquors
under this act and were lawfully in his possession
at the time OF such seizure, or were otherwise law
fully kept, they may not be destroyed; but upon sat
Isiactory proof OF such ownership or lawful posses
sion within said two weeks, before the Justice OF
Judges by whose authority said liquors SEIZED
said Justice or Judge shall deliver the agent of
SAID city or town, person authorised or possessed
as aforesaid, an order TO the officer having said
liquors in custody, whereupon said officer shall de-
liver them to SAID agent or person, taking his
ceipt therefor the back Of said order, which shall
be returned to said Justice or Judge
Liquors may be Kept for the arts, &c.
Sec. A. II any owner or keeper of liquors seized
as aforesaid, shall appeal from the judgment Of any
Justice or Judge, by whose authority the seizure was
Hdut3 DtioIe MS appeal SnhN De allowed, he shall
give bond in not less than two hundred dollars
with good and sufficient suretes to prosecute his ap
peal, and to pay all fines and COSTS which may be
awarded against hun; and in Of any such ap
peal, if the final decision shall against any such
appellant, that such liquors intended by him
for sale, contrary 10 the provisions of this act he
shall he adjadged by the Court common seller of
Intoxicating liquors, and shall be subject TO the pen
allies provided in section IL of this act, and such
liquors shall be destroyed, provided in section 5.
But nothing Contained ia THIS act, shall be construed
to prevent amy CHEMIST, artist, manufacturer,
in whose art trade they may be necessary, from
keeping at his place OF business such reasonable and
proper quantity of distilled liquors he may have
occasion to in his art trade, but not for sale
Liquors seizabIe on nnste. fields, &C.
Sec. is. It shall be the duty Of any Mayor All.
derman, Seeciman, City Marshal, or Deputy Mar.
shall, Sheriff, Deputy Sheriff. OF Constable if be
shall have information that any Intoxicating liquors
are kept or sold in any tent, shany, hut, place OIL
any kind for selling Refreshments in any public place
on near the grounds Of any cattle show, agricul.
tura exhibition, military muster, or any public occa.
sion of any kind, to search such suspected place. and
If such officer shall fad upon the premises any intox
icating drinks be shall seize them, and arrest the
keepers Of such place, and take them forthwith, OF
may be, before some Justice Of the Peace
or Judge Of some Police Court, with the liquors So
found and seized, and upon proof that such liquors
intoxicating, that they found in che posses.
sion of the accused, in tent, shanty, other place
aforesaid, he they shall be sentenced impris-
onment in the County Jail, House of Correction,
thirty days, and the liquors seized shall be de-
stroyed by order ofsaid Justice or Judge.
Allegation Of former conviction, &c.
Sec. 10. Ifany person arrested under the prece
ding section, and sentenced aforesaid, shall claim
appeal, before his appeal shall be allowed he
shall give bond I'M sum not less than one hundred
dollars with two good and sufficient suretes, that