The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-08-03
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SEzED LIQUORS. now DIsPosED OF, EeT. 7
/ Sec. le, 1.-THE owaer. Keeper or pos
sessor Of liquors seized under ihe provisions
Of Ibis act, shah be unknown to lhe officer
seiying 'the same. they shall not be con- .
deihned and destroyed until they shall have 4
been advertised. with the number and de-
scriPtion OF the packages as near as may be,
for two weeks, BY posting up a written de-
seription OF the same in some public place, /
that if such liquors are actuAdy the property |,
/ of any city or'lown in tie State, and were
20 al The time of the seizure, purchased for |
( sale bt the agent OF said city or town. for
medicinal and mechanical purposes only, in /
pursuance OF the provisions Of this act, they
NAV not be destroyed, but upon satisfactory
proof of such ownership, within said two
weeks, before the Justice or Judge by whose
authority said liquors were seized, said JUS
tee or Judge shall detivtr to tAe agent Of
said city or town an order TO the officer
having said liquors m custody, whereupon
said officer shall deliver them 10 said agent
taking his receipt therefor upon the back
OF sail order. which shall be returend to
said justice or Judge.
AprEAI CT CLAIMANTS or SEIZED LIQuoEs.
Sec. l3, If any person claiming any
liquors, seized as aforesaid. shall appeal from
thu judgment Of any justice or Judge by
whose authority the seizure was made to the
/. district court, before his appeal shall be
allowed, be shall give bond ia the sum OF
Two hundred dollars with two good and
sufficient >uretts 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
50 seized shall exceed five gallons, ii tie
final decision shall be against the appellant,
that such liquors were intended by him for
, sale, he shall be adjuIged by the court a
common seller Of intoxicating liquors, and
shall be altbject 10 the penalties provided for
in section eight, Of this act; and said liquors
. shall be destroyed as provided for in section
eleven. But nothing contained 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 bis art or trade,
r but rot for sale.
OFFICERS TO SEIZE liquors IN CERTAIN
PLACES. tft,
: Sec. II. 1t shall be the duty of any
mayor, alderman, selectmen, assessors, city
marshal or deputy or constable, ii he shall
: have information that any intoxicating
liquors are kept or sold in any tent, shanty,
hut or place of any kind for selling refresh
ments in any public place on or near the
!. ground of any cattle show, agricultural eXhi-
Dilion, military muster or public occasion Of
, any kind, to search such suspected place,
: ana if alch officer shall find UPON the prem
ises any intoxicating 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 OF Judge
e of municipal or police court, wth the
; liquors so found and siezed, aid upon proof
4 that said liquors are intoxicating, that Chey
: were found in possession of the accused, i'll u
! 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 so selzed shall be destroyed by order
OF said justice or ju tge.
AppeALs, FEES, FORMER CONVICTIONS, Ecr
SCI. To- If any person arrested under
the preceding section and sentenced as aforc
sald,, shall claim an appeal, before his appeal
shall be allowed, he shall give bond III the
sum OF one hundred dollars, with two good
sureties, that he will prosecute his appeal
, and pay all fines, costs and penalties which
) may be warled against him. And if OIL
such an appeal the verdict of the jury shall
+ be against him, he shall in addition to the
penalty awarded by the lower court, pay a
| fine OF twenty dollars, lnall cases Of appeal
S under this act from the jadgmentof justice
r or jndge Of any municipal or police court, to
| the district court except where the proceed
ings is by action of debt, thcy shall be con
: Quoted in said district court by the prose-
cutting officer of the goyernment,-a said
[ officer shall be entitled to receive all costs
. taxable to the State in all csimnal proceed
ings under this act, in addition to the salary
allowed 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 proceed
ing against any person for a 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 former
conviction, but it shall be sufficient to allege
briefly that such person has been convicted
of violation Of the urtksection OF this act
or as a common seller, as the case may be,
; and such allegations in any civil or criminal
process in any stage of the proceedings, be-
fore final Judgment may be amended with
; ont terms and as a matter ofright.
CoNTRAcTs FOR LIQUOR NULL AND VOID.
Sec. 16. All payments Or compensations
for,liquors sold in violation of law, whether
, in money labor or other property, either real
or personal, shall be Held and considered to
have been received il violation Of law, and
without consideration, and against law,
| equity and good conscience; and oil sales.
transfers and conveyances, mortgages, liens,
I attachments, pledges and securities OF every
kind, which either in whole or in part, shall
have been for or on account Of spirltuous or
f intoxicating liquors, sbaIl be atterly null and
void against all persons and in all cases, and
no rights of any kind shall be acquired
thereby; andin any action either at law or
equity, touching such real or personal
estate, the purchasers Of such liquors may
=