The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, 1852-02-11

of this section, shall set up the claim that
they have been regularly imported under the
laws of the United States, and that they are
contained in the original packages, the Gus
tom House certificate Of importation and
proofs of marks on the casks or packages
corresponding thereto, shall not be received
as evidence that the liquors contained in
said packages are those actually imported
therein.
SEC, 70. Ifthe owner. keeper or posses
or of liquors seized under the provisions of
this Act, shall be unknown to the officer sci
zing the same, they shall not be condemn
ed and destroyed until they shall have been
advertised, with the number and description
of the packages as near as may be for two
weeks, by posting up written description
Iofthe same in some pubic place, that if such
liquors are actually the property ofany city
or town in the State, and were so at the time
of the seizure, purchased for sale by the
agent of said city or town, for medical and
mechanical purposes only, in pursuance of
the provisions of this Act, they may be de-
stroyed; but upon satisfactory proof of such
ownership, within said two weeks, before
the justice Or judge by whose authority said
liquors were seized, said justice or Judge
shall deliver to the agent of said city or
town and order to the officer having said Ii
.quors in sustody, whereupon said officer
shall deliver them to said agent, taking his
receipt therefore upon the back OF said order,
which shall be returned 10 said justice or
Judge.
Sec. l3. If any person claiming any IL
,quors, seized as Aforesaid, shall appeal from
the judgement of any justice Or Judge by
whose authority the seizureiwas made to the
district court, before his appeal shall be al
lowed he shall give bond in the sum of
two hundred dollars with two good and suf-
fciant sureties 10 prosecute his appeal, and
to pay all fines and costs which may be
awarded against him; and in the case of any
such appeal, where the quantity of liquors
so seized shall exceed five gallons, if the H.
nal decision shall be against the APPELLANT,
that such liquors were intended by him for
sale, he shall be adjudged by the court Il
common seller Of intoxicating liquors, and
shall be subject to the penalties provided for
in section eight OF this Act, and said liquors,
shall be destroyed as provided for in section
II Bu: nothing contained in this Act shall
be so construed to prevent any chemist, artist
or manufacturer in whose art or trade they
may be necessary, from keeping at his
/. place of business such reasonable and prop
per quantity Of distilled liquors as he may
, have occasion to-llse at his art or trade, but
not for sale.
h., Sec. IA. Itshall be the duty ofany May
teEs Alderman, Sclectman, Assessor, City
! Marshall or Deputy or Constable, ifhe shall
have information that any in,exicating L.
quors are kept or sold in any tcnt, shanty,
but or place of any kind for selling refresh
ments in any public place or near the ground
of any cattle show, agricultural exhibition,
military muster, or public occasion o. any
kind to search such suspected place, and
such officer shall find upon the premises
any intoxi eating drinks, he shall seize them
and arrest the keeper or keepers of such
place, and take them forthwith, or as soon
as may be, before some justice or Judge of a
municipal or police court, with the liquors
so found and seized, and upon proof that
said liquors are intoxicating, that they were
found in possession of the accused, in a tent.
shanty or other place as aforesaid, he or
they shall be sentenced to imprisonment
in the county Jail for thirty days and the
liquors 50 seized shall be destroyed by order
of said justice or Judge
! Sec. Is, lfany person arrested unber The
preceding section and sentenced as afore-
said, shall claim an appeal, before his appeal
shall be 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 against
him, And if on such appeal the verdict
of the jury shall be against him, he shall
in addition to the penalty awarded by the
lower court, pay afne of twenty dollars. In
all cases of appeal under this Act from the
judgment of a justice or judge Of any mu-
.nicipal or police court, except where the
proceeding is by action of debt, they shall
be conducted in said district court by the
prosecuting officer Of the government and
said officer shall be entitled to receive all
costs taxable to the State in all criminal
proceedings under this Act, in addition to
the salary allowed such officer BY law=-but
no costs in such cases shall be rcmitted or
reduced by the prosecuting officer or the
court In any suit, omplaint, indictment
or other preceding against any person for a
violation of any of the provisions of this Act,
other than for the first offence, tshaIl not
be requisite to set forth particularly the rec
ord OF former conviction, but it shall bq
sufficient to allege briefly that such person
has been sonyicted of violation of the fourth
section of this Act, as a common sellar, as
the case may be, and such allegation in any
civil or criminal process, in any stage of the
proceedings, before final judgment, may be
j amended, without terms as a matter of right.
i Sec. 16. All payments or compensation
f for liquors sold in violation of law, whether
|, III money, labor or other property, either rea
!, or personal, shall be held and considered tc
have been received in violation of law, and
|, without consideration, and against law, equi
.tty and good conscience, and all sales
, transfers and conveyanceS, mortgages, liens
/, attachments, pledges and securities of ever,
/, kind, which either in whole or in part shal
7 have been for or on account ofspirituous OF
, intoxicating liquors, shall be utterly null and
|, void against all persons and in all cases, anc
!, no right Of any kind shall be acquired there
!, by, and in any action either at law or squi
rtty, touching such real or personal estate. Tho
i purchaser Of such liquors may be, a witness
: for either party And no action Of any kline
| shall be maintained in any court III this State
! either in wholeor IN part for intoxicating d
spirituous liquors sold in any other State d
county whatever, nor shall any action Of AM
!. kind Be had or maintained in any cotrt Il