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


shall, before any Justice oil the feaces OF Judge oil
any Police Court, make complaint under oath or af-
fnmatiOn, that they have reason 10 believe and do
believe, that spiriu0uS or intoxicating liquors
kept or depusiteo and intended for sale, by any per.
son not authorized TO sell the IN said CITY or
town, under the provisions Of thus act, IN any store,
shop, warehouse any steamboat other vessel,
or in any vehicle Of any kind, or in amy building or
place in said city town, said Justice or Judge shall
issue his warrant OF search TO any Sheriff or Deputy
Sheriff, or City Marshal OF Deputy Marshal, or 10
any Constable, who shall proceed to search the pre-
misses described e such warrant; and il any spirit
or intoxicating liquors are found therein, he
shall seize the same aud convey them 10 some pro.
per place of security, where he shall keep them until
6nai action he had thereon; and such liquors
seIEed together with the implements oil the llilGc,
may be used in evidence against any person charged
with the unlawful manufacture Of spirituous or inox-
icating liquors; bur no dwelling house in which, or
in part oil which, shop or inn is not kept shall be
searched unless two ol che complainants shall make
oath OF affirmation that they have reason to believe
and do believe, that such liquors have been sold
therein, by the occupant thereof, by his consent
permission, within the time OF one month of max.
ing such complaint, aud are then kept therein for
sale, and shall, their oath afflmalon state the
facts or circumstances on 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, TO reasonably induce said belief.
And the owner or keeper of said liquors seized as
aforesaid, il he shall be known to the officer Selling
the same, shall be summoned forthwith before the
Justice or 5udge, by whose warrant the qours were
SEIZED and If he fail to appear, OF unless he can
show by positive proof that said liquors of for
eign production, that they have been imported under
the laws Of the United States, and IN accordance
therewth-that they contained 10 the original
packages in which they were imported, and in guam
titles not less than the laws Of the United States pre-.
scribe kept for sale by authority derived under
this act, or otherwise lawfully kept they shall be
declared forfeited, and shall be destroyed by the
thority Of the written order to that effect OF said
Justice or Judge, and in his presence in the pres
ence OF some person appointed by him to 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 done and the owner or
keeper OF said liquors shall pay fine of twenty dol
lars and costs, or stand committed for thirty DAYS in
default OF payment il IN the opinion of said Court,
sasr' liquors shall have been kept or deposited for
sale contrary TO the provisions of said act. And if
the owner possessor of any liquors seized in pur-
suance oil the provisions OF this section shall set 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, inc Custom
House certificates m importation, and proofs Of
marks the casks OF packages corresponding there
TO, shall not be received evidence that the liquors
contained in said packages are those actually import
ed therein.
Liquors Of amknown
Sec. IT, 1.-THE owner, keeper. or possessor of
liquors seized under the provisions Of this Act, shall
be unknown the officer seizng the same they shall
not be condemned and destroyed until they shall have
been advertised with the number aud description Of
the packages, may be, for two weeks, by
posting up written description Of the same, in some
public place, that if such liquors are actually the
property OF any city or town in the Stale and were
SO at the time Of their seizure, purchased and for
sale by the agent Of said city or town, for medicinal
chemical, or mechanical purposes only, except wine
Tor sacramento purposes, IN pursuance Of the pro-
VISIONS OF this act, the properly Of some person
duly authorized manufacture aud sell such liquors
under this act, and lawfully in his possession
at the time OF such seizure, or 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 or
Judges by whose authority said liquors were seized,
said Justice or Judge shall deliver to the agent Of
said city or town, person authorised OF possessed
as aforesaid, an order to the officer having said
liquors in custody, whereup1n said officer shall de.
liver them to SAID agent or person, taking his re-
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 Judge, by whose authority the seizure was
made, before his appeal shall be allowed, he shall
give bond in not less than two hundred dollars,
with good and sufficient sretes prosecute his APP
peal, and to pay all fines and costs, which may be
awarded against him.; and in case Of any such ap.
peal, il the hnal decision shall be against any such
appellant, thai such liquors were intended BY him
for sale, contrary TO the provisions of this act he
shall be adt9dged by the Court common seller OF
intoxicating liquors, and shall be subject TO the pen
aties provided in section IL of this act, and such
liquors shall be destroyed, provided in section ID.
But nothing contained ia this act shall be Construed
to prevent any chemist. or artist on 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 use in his or trade, but not for sale
Liquors seiza6te on muster fields, &C.
Sec. is. 1t shall be the duty Of any Mayor, All.
derman, Selectman, City Marshal, or Deputy Mar.
shal, Sheriff, Deputy Sheriff, or Constable, if he
shall have information that any Intoxicating liquors
kept sold in any tent, shanty, hut, or place o.
any kind for selling Refreshments in any public place
near the grounds Of any cattle show, agricul.
tural exhibition, military muster, or any public occa.
sion Of any kind, search such suspected place. and
if such officer shall fad upon the premises any intox
icatng drinks, be shall seize Them and arrest the
keepers of such place, and take them forthwith, OF
soon as may be- before some Justice Of the Peace
or Judge of some Police Court, with the liquors 50
found and seized, and upon proof that such liquors
intoxicating, that they found in che posses
sion ofthe accused, in tent, shanty, other place
aforesaid, he they shall be sentenced to imprs-
onment in the County Jail or 1ouse of Correction.
thirty days, and the liquors seized shall be de-
stroyed by order ofsaid Justice Judge.
Allegation Of former conviction, &c.
Sec 10. Ifany person arrested under the prece
ding section and sentenced as aforesaid shall claim
an 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
he will prosecute his appeal and pay all fines costs