The organ of the temperance reform. (Cincinnati, O. [Ohio]) 1852-1853, 1852-01-16


| SEC. 8. No person shall be allowed
to be a manufacturer Of any spiritu-
GUS or intoxicating liquor, or common
seller thereof, without being duly ap-
pointed as aforesaid, on the pain of
| iorfeilng on the first conviction, the
sum of one hundred dollars and costs
of prosecution, and in default Of the
payment thereof, the person so con-
victed shall be imprisoned sixty days
in the common Jail and on the sec
ond conviction, the person so con-
victed shall pay the sum of two hum
dred dollars and the costs Of prosecu-
ton, and in default of payments shall
be imprisoned four months in the COM
mon Jail; and ON the third and every
subsequent conviction, shall pay the
sum of TWO hundred dollars, and shall
be imprisoned four months in the com
mon Jail of the county, where the Of
fence was committed; said penalties
to be recovered before any court of
competent Jurisdiction, by indictment,
or by action Of debt in the name Of
the city or town where the offence
shall be committed. And whenever
default shall be had Of any recogni-
zance, arising undor this act, seire
facias shall be issued, returnable at
the next term, and the same shall not
be continued, unless for good cause
satisfactory TO the court.
SEC. 8. No person engaged in the
} unlawful traffic in intoxicating liquors
shall be competent to sit upon any ju-
ry in any case arising under this act
and when information shall be COM
municated to the court, that any mem
Der of any panel is engaged IN such
/ traffic. or that he is believed to BE esI
l gagged, the conrt shall inquire of the
t Iuryman of whom such belief is enter
f aimed; and no answer which he shal
l make shall be used against him in any
!, case arising under this act but if he
shall answer falsely, he shall be inca
/ pable of serving on any jury in thi'
| state: but he may decline to answer
+, in which case he shall be discharged
, by the court from all further attcn
dance as a juryman.
9 SEC. 10. All cases arising under thi
] act, whether by action, indictment, o
=. complaint, which shall come befor
0 the supreme court, either by appea
i or original entry, shall take proce
n dence in said court of all other busi
+ ness, except those criminal cases i
i which the parties are actually unde
= arrest, awaiting a trial and the coul
d and prosecuting officer shall not hay
c authority to enter a nolIe prosequi, c
S to grant a continuance in any cas-
d arising under this act, either before c
e after the verdict, except where tn
y purposes of justice shall require it.
+ SEC. II. If three persons, voters
n the town or city where the complain
y shall be made, shall before any jusllc
e of the peace or judge of any munlc
Il pil or police court, make complain
n under oath or affirmation, that the
of nave reason to believe and do b.
l. lieve that spIrituOu7 or intoxlcatln
II liquors are kept or deposited, an
Of intended for sale by any persd
Mt not authorized to sell the same
Or said city or town under the provi
al sions of this act, in any store, sho
Is warehouse, or other building, or plaC
'e in said city or town, said jndge sho
Or issue his warrant Of search TO al
d, sheriff, city marshal, or deputy, or
le any constable, who shall proceed
in search the premises described in sa
in warrant, and if any spirituous or i
It, toxicating liquors are found therei
10 he shall seize the same, and conv'
I'd them to some proper place of securit
where he shall keep them until fin
IN action is held thereon. But no DIVE
~ ing house in which or in part of whi,
be a shop is not kept, shall be searehe
le unless at least one of said complai
~ ants shall testify to some act of sale
as intoxicating liquors therein, by the o
r cupant thereof, or by his consent
a permission within at least one mon
p of the time of making said complaif
n And the owner or keeper of said
ke quors, seized as aforesaid, if he sht
n be known to the officer seizing Il
IN same, shall be summoned forthwi
Vn before the justice or Judge by who
ms warrant the liquors were seized, al
to if he fails to appear, or unless he G
It show by positive proof, that they a
to Of foreign production, that they ha
of been imported under the laws of i
he United States, and in accordan
he therewith--that they are contained
Irt the original packages in which tn
were imported, and in quantities II