The Minnesotian. [volume] (St. Paul, Minn. Territory) 1851-1852, 1852-03-27

anu Tie owner, or keeper OF Sucn liquors,
shall pay a fine of twenty dollars and
costs, or stand committed for thirty days
in default of payment, if in the opinion of
the Court, said liquors shall have been
kept or deposited for the purposes of
sale.
Sec. IL. If the owner, keeper or pos
SCISSOR of liquors seized under the provis-
ions of this act, shall be unknown to the
| officer seiZing the same, they shall not be
condemned and destroyed until they have
! been advertized, with the number and
description of the packages as near as may
be, for two weeks, by posting up writ
ten description of the same in some pub
lie place, that if such liquors are actually
the property of any County in the Terri
tory, and were so at the time of the seiz-
ure, purchased for sale by the agent of
said county, for medicinal and mechanical
purposes only, in pursuance Of the pro-
visions of this act, they may not be des-
troyed, but upon satisfactory proof of
such ownership, within said two weeks,
before the judge or justice by whose au-
thorlty said liquors were seized, said JUS
tice or judge shall deliver to the agent of
said county, an order to the officer having
said liquors in custody, whereupon said
officer shall deliver them to said agent,
taking his receipt therefor, upon the back
of said order, which shall be returned to
said justice or judge.
SEC. l3. If any person claiming any
liquors seized as aforesaid, shall appeal
from the judgment of any justice or Judge,
by whose authority the seizure was made,
to the District or Supreme Court, before
his appeal shall be allowed, he shall give
bond in the sum of two hundred dollars,
with two good and sufficient sureties, to
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, and if the final
decision shall be against the appellant,
that such liquors were intended by him
for sale, he shall be adjudged by the court
a common seller Of Intoxicating liquors,
and shall be subject to the penalties pro-
vided in section eighth, of this act and
said liquors shall be destroyed provid-
ed for in section eleven. But nothing
in this act shall be 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 proper quantity Of
distilled liquors as he may have occasion
to use in his art or trade.
SEC. Ia. 1t shall be the duty of any
sheriff or constable, if he shall have in
formation that any intoxicating liquors
are kept or sold on any boat, scow, raft
or canoe, on any river within the limits
of this Territory, or in any tent, shanty,
hut or other place of any kind for selling
refreshments in any public place on or
near the ground of any cattle show, agri-
cultural exhibition, military muster, or
public occasion of any kind, to search
such suspected place, and if such officer
shall find upon the premises any intoxica-
ting drinks, he shall seize them and ar
rest the keeper or keepers Of such place,
and take them forthwith, or as soon as
may be, before some justice or Judge of a
district court, with the liquors so found
and seized, and upon proof that such IL
quors are intoxicating, that they were
found in possession of the accused in a
boat, tent, shanty or place, as aforesaid,
he or they shall be sentenced to impris-
onment in the county Jail for thirty days,
and the liquors so seized, shall be destroy
ed by order Of said justice or judge.
Sec. l5. If any person arrested under
the preceding section and sentenced as
aforesaid, shall claim an appeal, before
his appeal shall be allowed, he shall give
a 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 that may be
awarded against him; and if on appeal
the verdict of the jury shall be against
him, he shall in addition to the penalty
awarded by the lower court, pay fine Of
twenty dollars. In all cases of appeal
under this act, from the judgment of JUS
tice or judge of any District Court to the
District or Supreme Court, where the
proceeding is by civil action, they shall
be conducted in said District or Supreme
Court by the District Attorney Of the
county, and said officer shall be entitled to
receive all costs taxable to the county in all
criminal proceedings under this act, in
addition to the salary or compensation al
lowed to such officer by law-but no
costs in such cases shall be remitted or
reduced by the prosecuting officer or the
court. In any suit, complaint, indictment,
or other proceeding against any person
| for n viOIation Of ouy of tho provisiope of
this act, other than for the first offence,
it shall not be requisite TO set forth par
ticularly the record of former convic-
ton, but it shall be sufficient to allege
briefly that such person has been convic-
ted of violation of the fourth section Of
this act, or as common seller, or as the
case may be, and such allegation in any
civil or criminal process in any stage Of
the proceedings before final judgment
IL