The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-20

SCISSOR Of any liquors seized in pursuance OF this
e ss
States, and that they contained in the original
packsges, the Custom House certificate of importa-
ton, and proofs of marks on the casks packages
corresponding thereto, shall not be received as ey-
dence that the liquors contained in said packages
are those actually imported therein.
SEIZED LIQUoRs-How DISPOSED OF, sc.
Section Eff the owner, keeper, or possessor OF
liquors, seized under the provisions Of this aot shall
be unknown to the officer seizing the same, they
shall not be condemned and destroyed until they
shall have been advertised, with the number and
description Of the packages, as noar as may be, for
two weeks, by posting up written description OF
the same in some public place, that if such liquors
actually the property of any city or town IN the
State, and were at the time of the seizure, pur-
chased for sale by tho agent of the said city ortown,
for medicinal and mechanical purposes only, IN pur-
suance Of the provisions of this act, they may not
be destroyed; but upon satisfactory proof of such
ownership, within said two weeks before the justice
or judge by whose authority such liquors were
seized said justice or judge shall deliver to the
agent Of said city or town an order to the officer
having said liquors in custody; whereupon said oi-
Ger shall deliver them to said agent taking bis
receipt therefor on the back Of said order, which
shall be returned to said justice or judge
APPRAL OF CLAIMANTS OF SEIZED LIQUORS.
Section l3-If any person claiming any liquors
seized IS aforesaid, shall appeal from tae Judg-
nent of any Justice or judge, by whose authority
the seizure was made, to the District Court before
in the sum of two hundred dollars, with 70 good
and sufficient suret'es, to prosecute his AL and
to pay all fines and costs which may be awarded
against him; ard in the case OF any such appeal,
where the quantity Of liquors so seized shall exceed
Eve gallons, if The irai decision shall be against
the appellant, that such liquors were intended by
him tor sale, he shall be adjudgsd by the court
common seller OF intoSi Eating lqnors and shall be
subject to the penalties provided for IN section
eight OF this act; and said liquors Shall be de-
stroyed, as provided tor in section G even. Bat
nothing contained in this act shall be construed 70
prevent any chemist, artist. or manufacturer, in
whose art or trade they may be necessary, from
keeping at his place of business surD reasonable
and proper quantity of distilled liquors as be may
have occasion to use in his art or trade, but not
for sale.
OFFICERS TO SEIZE LIQUORS IN CERTAIN PLACES.
Section Ii. It shall he the duty ofany mayor, al
dermap sclec man, assessor, city marshal deputy
constable, he shall have Information that any in
toxicang liquors are he orsold IN any tent shanty,
hut place Of any kind for selling refreshments 10
any public place, or nesr the ground Of any cat
tie show agricultural exhibition, military muster,
public occasion of any kind, to search such sus-
pected place; and il such officer shall find upon the
premises any Intoxicating drinks, he shall seize
them, and arrest the keeper or keepers Of such
place, ard take them forth with, soon as may
be, before some justice or judge OF municipal or
police court, with the liquors so found and seized
andupon proof that said liquors are intoxicating,
that they were found in possession Of the accused
in tent. shanty, other place as aforesaid, he
they shall by sentenced to imprisonment in the
county jail for thirty days. and the liquor seized
shall be destroyed by order OF the said justice or
judge.
NEUTRALITY-SUSPICIOUS. CONVICTIONS, &c.
Section l5.-If any person arrested under the pre-
cediDg section, and sentenced as aforesaid, shall
claim an appeal, before his appeal snail pc allowed
he shall give bond in the sum Of one hundred
dollars with two good and sufficient sureties, that
he will prosecute his appeal, and pay all fines,
costs, and penalties which may be awarded
Awl svo In
diet Of the jury be against him, he shall, in add-
tion to the penalty awarded by the lower
court, pay fine Of twenty dollars; In all cases
Of appeal under this act, from the Judgment
court, to the district court, except where the
proceeding is by action Of debt, they shall be
conducted in said district court by the prose-
cutting officers of the government---and said Off
Ger shall be entitled to receive all costs
taxable to the State, in all criminal proceedings
undor this act, addition to the salary allowed to
such officers by law-but no costs in such cases
shall be RENTED reduced By the prosecuting
officer or the court In any salt, complaint, in
dctment or other proceeding against any person for
violation Of any Of the provisions Of this act,
other than for the first offence, IT shall not be
requisite TO set forth particularly the record of
form CT vcton, but it shall be sufficient to allege
briefly that such person has been convicted OF
violation OF the fourth section OF this aot or as
common seller, as the case may be, and such
allegation in any civic or criminal process in any
stage Of the proceedings, before final judgment,
may be amended without terms and as 10 after
OF right.
CONTRACTS FOR LIQUOR NULL AND VOID
Section l6-All payments or compensations for
liquor sold in violation of the law, whether In
money, labor, other property either real or per-
senal shall be held and considered to have been re-
ceived in violation Of law, and without consdera-
ton, and against law, equity, and good con.
science; and all sales, attachments, pledges and
securities Of every kind which, either in whole or in
part, shall have been for or account OF sprituous
or intoxicating liquors, shall be utterly null and
void against all persons and in all cases, and no
rights of any kind shall be acquired thereby and in
any action, either at law or equity, touching such
real personal estate the purchaser OF such liquors
may be a witness for either party And no action
ofany kind shall be maintained in any court in this
State, either in whole or in part for intoxicating or
spirituous liquors sold in any othor State country
whatever, nor shall any action Of any kind be had
or maintained In any court in this State for the re-
coveIy or possession of Intoxicating or spir.uous
liquors, or Of the value thereof.
APPLIES TO CITIES, TOWNS AND PLANTATIONS.
Section T.-All the provisions OF this act re.
atipg to towns, shall be applicable to cities and
plantations; and those relating to selectmen shall
also be applied to the mayor and aldermen of
cities and assessors of plantations.
EFrEAL OF CERTAIN ACTS, ETC.
Section Is repeals certain acts in relation to
the same subject, AID provides that this act take
effect from and after the approval thereof by the
Governor. Approved June z, 1851.
MAINE LIQUOR LAW:
From the Buffalo Express Jan, IL.
AT the request of a number OF subscribers, we
publish, to- day, the fame Gus law enacted by the
Legislature OF the State of Maine, in June last.
We give it entire, with the exception OF some ur-
important sections; of which sections we give tie
substance There is ger era disposition among
the people to petition our Legislature to enact
similar law. 1t is therefore proper that they be
fully advised Of the terms and conditions Of the
law prayed for in their retitions
The dreadful mschiefs which arise from the ex-
cessve use OF ardent spirits are not denied by q
single person in the nation. All will admit that
this huge and appalling evil ought to be remedied
or mitigated, il 1t can be- Whether it can be, ia
the first questi0n--and how il can be, is tho next
1t is ubeot surrounded with difficulties. Weare
not sure but they intrinsic and insurmountable,
in the present state OF civilization and intellectual
and moral culture, in this State.
So long Tie evil is admitted by all, it will not
be denied by any, that If there is hope of success
the efforts should be continued. For moro than
twenty years the public attention has been directed
towards this complicated question-the best heads