The Literary echo, and Pawcatuck advertiser. [volume] (Westerly, R.I.) 1851-1854, 1852-05-20
WHOLE NUMBER 60.

ly to or through the agents appointed
under the second section of this act.
SEC. 9. No person engaged in the
unlawful traffic in intoxicating liquors,
shall be competent to sit upon any jury,
in any case arising under this act; and
when any juror shall be challenged for
such cause, the court shall inquire Of
the juror so challenged and no answer
which he shall make shall be used
against him in any cause arising under
this act, but if he shall answer falsely,
he shall be incapable of serving on any
jury in this State but he may decline
to answer, in which case, he shall not
be allowed to sit as juror in the trial OF
any case arising under this act, during
the term of the court for which he was
drawn.
SEC. 10. All cases arising under this
act, whether by action, complaint or in
dictment, which shall come before the
court of common pleas, or supreme
court, shall take precedence of all other
business, except those criminal cases, in
which the parties are actually confined
in Jail, awaiting trial.
SEC. IL. Ifany three persons, voters
in the town or city where the complaint
shall be made, shall, before any justice
of the peace, or court exercising the
jurisdiction of justice Of the peace in
said town or city, make complaint under
oath or affirmation, that they have rea-
son to believe, and do believe that spir-
ituous or intoxicating liquors are kept or
deposited, and intended for sale, by any
person not authorized to sell the same,
in said city or town, under the provisions
of this act, in any store, shop, warehouse
or other building, vessel, craft or place,
in said city, or town, or upon any of the
waters of Narragansett Bay, or any other
public waters of this State, said justice
or court shall issue warrant of search,
directed to the sheriff his deputy, or to
either of the town sergeants or consta-
bles in the county in which said city or
town is, who shall proceed to search the
premises described in said warrant, and
if any spirituous or intoxicating liquors
are found therein, he shall seize the
same, and convey them to some proper
place of security, where he shall keep
them until final action is had thereon
but, no dwelling-house, in which or in
part of which, shop is not kept, shall
be searched, unless at least one of said
complainants shall testify to some act Of
sale of intoxicating liquors therein, by
the occupant thereof, or by his consent
or permission, within at least one month
of the time of making said complaint (;
and the owner or keeper of said liquors
seized as aforesaid, if he shall be known
to the officer seizing the same, shall be
summoned to appear forthwith before
the justice, or at the next regular session
of the court upon whose warrant the
liquors were seiz,d: and if he fails to
appear, or unless he can show by salts
factory proof, that said liquors are of
foreign production, that they have been
imported under the laws of the United
States, and in accordance Herewith,
that they are contained in the original
package in which they were imported,
and in quantities not less than the laws
of the United States prescribe, they shall
be adjudged forfeited, and shall be de-
stroyed by authority o. the written order
to that effect, of said justice or court,
and in his presence, or in the presence
of some person appointed by said justice
or court, to witness the destruction
thereof, and who shall join with the
officer, by whom they shall have been
destroyed, in attesting that fact upon
the back of the order by authority Of
which it was done and the owner or
keeper of such liquors, shall pay fine
of twenty dollars or stand committed for
thirty days in default Of payment, If in
the opinion of such justice or court said
liquors shall have been kept so deposited
for the purposes of sale, contrary to the
of this act. And if the owner
or posscssor of any liquors seized in pur-
suance 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
,i,e o.-:sinal packages, the Custom House
certificate of importation and proof OF
marks on the casks or packages cores.
ponding thereto, shall not be received
as conclusive, evidence, that the liquors
contained in said packages are those
actually imported therein.
SEC. IL. If the owner, keeper or
possessor, of liquors, seized under the
provisions Of this Act, shall be unknown
to the officer seizing the same, sad