The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1852-12-08
NUMBER 33.

States. and in accordance herewith,
that il is contained in the original pack-
ages in which il was imported. in quan~
ties not less than The laws Of the United
States prescribe, such liquor shall be adj
Judged forfeited, and shall be destroyed
under a written order OF said Justice.
and IN his presence. or in the presence
Of some person appointed by him, aud
named in said order for that purpose.
who shall join with the rfiicef executing
such order in certifying. upon the back
thereof, the execution Of the same and
the owner or keeper Of snch liquor shall
pay ,u said town fine oi twenty dollars
aud costs, if, in the opinion Of sad JUS
tice said liquor was kept or deposited
for the purpose of sale, contrary to the
provisions Of this act. Aud the custom
house certificate Of Importation, and
proof of marks on The CASKS or packages.
IN which such liquor is contained cor
responding ,hereto. shall not be rcceit.
ed as evidence that the liquor contained
in such packages is that actual, import
ed therein.
Sac. 10. If the owner, keeper or
possessor of any liquor 30 seized shall
be unknown to the officer scizng the
same, it shall, before being dcstroycd,bo
advertised, with he number and dcscrip
tion of the casks or packages, by posting
up in some public place, for two weeks,
a written notice of the proceeding And
if it shall be made to appear, within the
space of two weeks as aforesaid, that
said liquor is actually the property of
any town in this state, and was so when
seized, and had been purchased for sale
by the agent Of such town, for medici.
nal, chemical aud mechanical purposes
only, the officer having the custody OF
such liquor shall. upon the order of such
justice, deliver said liquor to the agent
Of the town whose property it is, taking
his receipt for the same, upon the back
of said order, which he shall thercupon
return to said justice ; and if not so
made to appear, such liquor shall DO
proceeded with as provided in the last
preceding section
SEC. IA. Any person claiming such
liquor may appeal from the judgment OF
said justice but his appeal shall not bo
allowed until he give, with good and SUIT
ficent sureties, bond in the sum OF
two hundred dollars. conditioned that he
prosecute his appeal to effect, and pay
all fines. forfeitures, and costs which may
be finally awarded against him ; and If
the final decision be against him. AID
the liauor seized as aforesaid exceed i'll
quantity five gallons, he shall be adjudg-
ed BY the court a common SELLER Of in
toxicating liquor, and shall be subject to
the penalties provided in section nine Of
this act, and said liquor shall be dcs-
troyed, as provided in section twelve.
Nothing in this act contained shall be
so construed as to prevent any chemist,
artist or manufacturer. in whose art or
trade it may be necessary, from keeping
at his place of business, such reasonable
and proper quantity of distilled liquor
as he may have occasion to use in his
art or trade, but not for sale.
SEC. 10. 1t shall be the duty Of any
sheriff, sheriff's deputy, constable. select
man or grand juror, if he shall have in
formation that any intoxicating liquor is
kept or sold in any tent, shanty, hut or
place of any kind for selling refreshmcnt
in any public place. except dwelling
houses Oil or near the ground Of any cat
tie show, agricultural exhibition. militia.
ry muster or public occasion fany kind,
to search such suspected place without
warrant, and if such officer shall find
upon the premises any intoxicating liz
uor, he shall seize and apprehend tbs
keeper or keepers of such place.and tako
them, with the liquor so found and seis-
ed, forthwith, or as soon as conveniently
may be, before some justice of the peace
of the town in which the same was
found and thereupon such officer shall
make a written complaint under oath,
and subscribed by him. to such justice
and upon proof that such liquor is intox-
icating, that the same was found in the
possession of the accused in tent, or
shanty, or other place as aforesaid. hs
or they shall be sentenced to imprison-
ment in the county jail Of the county
where such offence was committed. for
thirty days, and the liquor so seized shall
be destroyed by order of said justice, as
provided in the twelfth section Of this
act a; and if any person, apprehended un-
der this section and sentenced as atore
said. shall claim an appeal, bofore his ap.
peal is allowed, he shall recognize with
good and sufficient sureties, in the sum
of one hundred dollars, that he viii
prosecute his said appeal to effect and
pay all fines and costs, and suffer such
penalty as may be awarded against lin.
And if he is convicted upon such appeal,
he shall, in addition to the peualty i'm
posed by such justice pay fine of ten
dollars to the town where said liquor
was seized as aforesaid. And any per.
son resisting an officer in the execution
of his duties under this or any other
section of this act, shall be liable TO the
same penalties as are provided by law
for resisting sheriff in the execution Of
legal process
Sec l6 Whenever the appellant in
any case arising under this act shall
fail to enter and prosecute his appeal, OF
shall be convicted, the county court, or
court in which such appeal is finally dc
cided, shall order all liquor seized upon
the original complaint, or complaint ard
warrant. to be destroyed forthwith, un-
der the order of such court, as in case
of liquor destroyed under an order of a
justice Of the peace as herein before FRO
vided
SEC. II. 1t shall be the duty Of the
justice of the peace or county court, be