The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1852-03-18


description Of the packages near may be,
for two weeks, by posting up written description
Of the same in some public place, that if such IT.
quors actually the property Of any County in
the Territory, aud were al the time Of the sell
zurc, pIrchased for sale by the Agent Of said
county, for medicinal and mechanica t1purposes
only, IA pursuance Of the provisions Of this act
they nay not be destroyed, bat upon satisfactory
proof o. such ownership, within said tao weeks
before ne Judge or Justice by whose authority said
tqnofs we're seized, said justice judge shall de-
live SO &c Agent Of said county, order TO the
officer having said liquors ia custody, whereupon
sand oifcer shall deliver them to s,d Agent, taking
his receipt therefor, upon the back Of said order
whict shall be returned 10 SAID justice or Judge
SIG 10. IL any person claiming any liquors
seized aforesaid, shall appeal from the Juds-
lnent u any justice or Judge, by whose authority
she seizure was made, to the District or Supreme
Court, before his appeal shal be allowed. he shall
give bond in the Of two hundred doars,
with two good aud sufficient sure,ies, TO prosecute
bis appeal, and to pay all fines and costs whibh
may be awarded against him, and in the case Of
any such appeal, where the quantity of liquors
seized snail exceed FIVE gallons If the final deci-
sion shall be agains, the appellant, that such IL
Puors were intended by him FOR sale, he shall be
ain lse1 by the court commol seller Of intoxi-
il; islu'rs, AMI shtl BE su5lact 10 the penalties
qnors shili be destroyed provided Tor in section
eleven. BIT nothing cont linc1 IN this act shall
b; construed 10 prevent any chemist, artist or
~ inuiI in whose art or trade they may be
nee ass ifv, from keeping at his place Of business
saeh re isa11bc and proper quantity of distilled
liGacFs - lie may hive OCCASION TO use in his art
trade.
Src J T. II shall be the duty Of any sheriff or con-
stable IL Ne shall have rfnr nation tn Intoxicating
liquors Kept or sold on boat raft canoe,
% within the limts OF this Territory, IN
any sblnty hut other place of an, kind sell
hne rrfr,-hments in any public place near the
goin1 OF any cattle show agricultural exhibition mill
tts muster, public occasion Of any kind search
s.h ted place, and If such officer shall fnd upon
60 premises any intoxicating drinks, he shall seize them
M arrest ne the keeper or keepers or sach place, and
rae Them iorhwiIh, soon hay he before
i-ir- jndse Of a District Court, with the liquors
f,und sclzed, and upon proof such liquors are
ini'oS sting that they were found in possession Of the
acr IA boat, teut, shinty or pace, aioreresaid
5se O. thes hall be sentenced tn Imprisonment in the
rvuriN JF Tor thirty days, and the liquors seized
sn' ~ Destroyed by order Of sad Justice Judge.
sac. y. Ii any person arrested under the preceding
and sentenced aforesaid, shall claim ap-
peal before appea! shall be allowed, he shall give
horc . sc Of ore hundred dollars with good
a. sri'e"f snre,ics that he will prosecute his appeal
-nt p''s al fines, costs and penalties which my be
. sast him; aud if on appeal the verdict of the
.urt 81 te against him, he shall ia addition to the PEN
rl-y 'Hur+l by TIE lower court pay fine Of twenty
d,lr ,. Il cases of appeal under this from the
iuagf"' If justice Judge of any District Court
fe LiSrrf supreme Court, where the proceeding is
hy ci they shall be coduc ted in said District
frrn' ourt ~ the District Attorney Of The
a.. I'd acer shall be entitled To receive al!
a. A@ q" W county IN al, criminal proceedings under
I'll. 49, iu iton tn the salary compensation al
.rHei 81 officer by iaw-bIt costs in such
fhl Ie ed or reduced b. the prosecuting officer
cr tte IA any slt ,iaint .iadict other
proceeding inst any person for violation of any of
he prDY, Of this other than for the first offence,
- IA na D requisite TO set forth partic uarl the
coft o. u.er conviction fbut il shall be sufficient
e fr eref. nat such person has been convicted Of
ol'oH oi hs fourth section of this act, 4
a3a sci The case may be, AID such allegation in
tnN Nf W nna process IN any stage OF The proceed
3. bticr al ind gment, may be amended without
!r.:1s, 1D| matter OF right.
$50. 20. Az payments corporations for hqGors
sold o. t4''sffn " law, whether in money, labor
otDc- p'Ht ether real personal shall be held and
consider awe be received in violation Of law and
Ni-hos- ta1.iiera,ion and against law, equity, and
600 -"Hs,;Ace pad al sales, transfers and convey
Ances mortgages. liens, attach meats, re :es and
-,c.s Kind, which either ia whole OF in part
si.1. ave h n for account of srrtuous liquors.
nal hc urly Yll aud void against ali fersoAs and in
al cas's an9 no rights of Kind shall he acquired
ihefr'' aid in ANY action, either at law or equity,
iGnhrs such real personal estate he purchaser of
srcf liquors nay he n witness for either party.
&c. ~ Ech person appointed to sell iil'srs, pro-
'ac ga sCc-un second shall. Keep accurate account
u vrI!il al ali the liquors boUgit manufactured by
luu, e i.g the quantity of each kind purchased
nanuI'red the price of that purchased the names OF
81 ef-a.s rom whom il was purchased, and the date
o tse M aae, the quantity OF each hind sold aud the
este o. ne sae, its price, the name, residence and
cuprfloa The per son whom il sold, and the
purpose l"r which II was purchased by him.
~ sAaL vnce IN each quarter, on day and 1T
4 p,ce % Re appointed by said county couinis-
sionirs, ,reOf public notice shall be given in
one or more newspapers printed 10 the Terri
Tory, rNhioii upon his oath or solemn affirmation,
me- bo>Ss u which said account and specifica-
hons axe pit, to said county commissioners, To-
ge.hsr VIII, Il balance sheet showing the guam
,i.y Of ce1h kind of liquor bought aud sold by
MIN durins ne quarter, and sthe aggregate cost
and proceeds thereof. If IT shall appear to the
ssii count commissioners that he profits Of said
Business amount To more than woad be fair
and just % ppensation TO such person for trans
acting the 81 me, they shalt FIX the amount TO be
relainedby IN for such compensation, and shall
require him 10 pay the surplus TO the treasurer Of
the cona1Y oi the support of schools, as herein
before provided
SEC. 4 ANY PERSON who shall oppose an
oiicer or 10Y body acting under the direction of
an Officer wieu endeavoring to carry out the
provisions ot his act, either by threats, the ex-
hiisiiICa az 49, %! weapons, or any ether way,
shai b. . 3iity Of high misleneanor; and upo1
crDVtc' oa hereof before any court having juris-
dic.i,s % crDnal cases in this territory, shall
fur TIE Is, oi.ence, be fined not less than FIVE
dollars ~ niere ,hln twenty dollars and costa.
and shlil BE Imprisoned not less than five days;
or more than twenty days; and for the second
aud all sAbscquen, offences, shall, be fined not less
do.n,s, sui ,s,s, and imprisoned not less than
as el,y days. or more than hundred days;
2na an a4i ca..s to stand committed until all fines
an4 c.sts paid.
Snc 20 All he provisions of Ills act rea-
IA. 10 e. mites, shall be applicable in cities and
town and hose relating 10 county Commission
ere, snail, also be applied to the Mayor and Alder
n.ea Of cities aud the President and council of
sltgns. This act take effect from and after the
FIST Monday Of May next, Prouided, That a
special election be held throughout the Territory,
ga ,hs .rsi Monday Of April next, at which cleo
i.cr, ire pro, isions Of this act shall be submitted
90 The voters of The Territory; which election
shall he held 1t the places, aud by the officers
provided by law for holding genaral elections
fne voters ut said election shall vote by ballot,
and al Inc ballots at said eieation having the
7>otd yes written or printed thereon, shall be
court I'd as voting Cor the adoption of this act, ana
those M wing written printed thereon, the word
''ao shail DO counted voting ags inst the adop-
lion OF this act. The returns of said election shall
he mad, q, the REGISTER of Deeds of the Seyerai