The mountain sentinel. [volume] (Ebensburg, Pa.) 1844-1853, 1852-02-26

him he must submit to the double amount OF
fines, penalties, and imprisonment imposed by
the first conviction.
MANUFACTURERS AND COMMON SELLERS.
ANY person conyivted of being manufactu-
rer or common sellers Of Intoxicating drinks,
shall forfeit
For the first offence One Hundred Dollars and
costs, and in default of payment, Sixty days
Imprisonment.
For the second offence, Two Hundred Dol
lars and costs Four months Imprisonment.
For the third and every succeeding offence,
both o fine of Two Hundred Dollars and also
Four months Imprisonment.
SEIZURE OF LIQUORS.
LoUoRs KEPT FOR SALE.
l. Any three voters in town or city may go
before a magistrate and make oath that they
believe liquors are kept for sale, contrary 10 law
in any store, shop, &c.
2. The magistrate shall mot mayl issue
search warrant for them.
3. The sheriff OF constable shall search the
premises, and if any liquors found shall take
them away TO place of security. lie shallnot
ho"S'S1 uHcLtUy HCHScp uUlSSS a SnOD
is kept in it, or un less one OF the complainants
shall testify to act Of sale in it, within one
month preceding
f. He shall also summons the owner or keeper
of the liquors, if he be known, to appear
forthwith before the magistrate.
D. The owner or keeper must then prove pos
itively-
(d) That said liquors are of foreign production
~ That they have been imported according
to the laws of the United States
(c) That they are in the original packages
(casks, bottles, &c, and are not less in quantity
than the U. S. law prescribe But in order to
prove this he shall adduce the custom house
certificates of importation, not the marks on the
casks or packages (all these being notcr:ously
often forged.)
6. If he cannot prove all this, OF if he fails
to appear then
(a) The liquor shall be Destroyed.
(b) The owner or keeper shall be fined TWEEN
ty dollars and costs, or in case of nonpayment
be imprisoned thirty days.
Z. If the owner the keeper of the LIQUORS
be unknown, the liquor shall be publicly qdver-
tised, two weeks after which, if no Town agent
proves that they are his according to Section ,,
they shall be destroyed.
s. Appeals from the magistrates order for
the destruction of the liquors shall not be allow
ed till the appellant has given bond of two
hundred dollars, with two surties to prosecute
his appeal by fin es, &C.
g. If the appeal should be decided against him
and the quantity of liquors exceed five gallons, !
he shall be Judged common seller of intoxica-
ting liquors and incur the penalties prescribed
for that offence. The liquor also shall be des-
troyed.
TO- Chemists, artists, and manufacturers who
use liquors in their business only, are exempt
from prosecution.
LIQUORS SOLD OR KEPT FOR SALE on PUBLIC
OCCASIONS
l. Liquors sold or kept, in any tent, shanty,
&C., at a cattle show, military muster, any
public occasion, may be searched for and seized
by tie authorities without warrant, and the
keeper arrested; the former to be destroyed, and
the latter imprisoned thirty days.
?. If the keeper appeal, he must first give a
bond of one hundred dollars, with two sureties
to prosecute, &c. If finally convicted on the ap-
peal he shall suffer the former sentence of i'm
prisonment thirty days and also pay fine of
twenty dollars
LIQUOR CONTRACTS VOID.
All bargains, notes, book accounts, deeds,
mortgages, &C., &C., in respect to liquors ille-
5ally sold are void andincapable of enforcement
n the courts.
MISCELLANEOUS PARTICULARS.
l. No liquor seller can sit on a jury in any
rial under this act. Sect. 9.
2. Prosecutions under this act shall be tried
n the courts before any other case, except when
criminals under arrest waiting trial. Sect. 10. /
8. Neither the court prosecuting officer
shall have power TO discon tinue suit once be-
yun, or postpone the trial from one court to an
,ther. Seets. 8 and 10.
4. In any appealed, if it be in the form
If criminal prosecution, the States Attorney |
shall conduct the case, and shall receive the !
costs which come to the State in addition to his
regular salary, and the costs shall in case be
-emtted or reduced in amount This provision
makes it for the interest of the Attorney to do |
MS duty faithfully
8. The law is made applicable to all the cites,
md the plantations as well as the various towns
Of the State.
Important Decisi on.
The Supreme Court of this State, Judge LEWIS
the opinion has decided an intereS-