Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-09-01

shall appear by competent testimony
that such liquors so poured out OF
destroyed, and that the liquors SC
poured out or destroyed were such as
were described in the warrant, and that
they were so kept or deposited intended
for unlawful sale, and if the person SO
arrested shall be found to be the owner
or keeper thereof he shall be fined and
sentenced in the same manner as he
would. be if the liquors described in the
warrant and in the return had been seized
on the warrant and brought before the
magistrate by the officer.
Sec. 4. If any person shall appeal
from any sentence of such judge or
Justice, as set forth in the preceding
section, the judge or justice shall grant
his appeal and order him to recognize
in the sum of two hundred dollars with
sufficient sureties for his appearance
and for prosecuting his appeal, and he
shall stand committed till the order is
complied with. And the judge or JUS
tice whose judgment is appealed from
shall furnish full copy of all the pa
pers and proceedings in the case at the
expense of the appellant. And if judg-
ment is rendered against the appellant
in the appellate court, he shall be pun
ished and the liquor seized, with the
vessels in which they are contained,
shall be dealt with, and disposed of, as
before is provided. And if said appel
liant shall fail to appear and prosecute
his appeal, or to abide and perform the
order and judgment of the appellate
court, the reeognizance shall be for
feited and the liquor shall be disposed
of as aforesaid by order of said court.
Sec. 5. 1t shall be the duty of any
mayor, alderman, selectman, assessor,
city marshal, or deputy. or constable, or
police officer, if he shall have informa-
ton 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, or near the
ground of any camp-meeting, cattle
show, agricultural exhibition, military
muster or public occasion of any kind,
and shall believe said information to be
true, forthwith to enter a complaint, be-
fore some Judge of municipal or po-
lice court or justice of the peace,
against the keeper or keepers of such
place, alleging in said complaint that
he has reason to believe, and does be-
lieve, that such liquors are so kept in
such place describing the same) by
such keeper or keepers, contrary to law.
And upon such complaint, the said
judge or justice shall issue his warrant,
commanding the officer who may serve
the same to search the place described
in said complaint, and which shall be
described in said warrant.
if he shall find upon said premi
ses any such liquors, to seize the same
with the vessels in which they may be
contained, and to arrest the keeper or
keepers thereof, and have said keeper
or keepers with the liquors, and vessels
so seized, as soon as may be, before
said Judge or justice, to be dealt with
according to law.
And the officer to whom said warrant
may be committed, shall forthwith
execute the same, and said keeper or
keepers when arrested shall be tried
thereon, in due course of law, and upon
proof that said liquors are intoxicating,
that they were found in the possession
of the accused, in a tent, shanty, hut,
or other place, as aforesaid, he or they
shall be found guilty, and sentenced to
be punished by Imprisonment in the
county jail for thirty days, and to pay
all costs of such proceedings and the
liquors and vessels so seized shall be
destroyed by order of the court, in the
manner before provided in this act
ANY mayor or alderman, selectman, as
SCISSOR, city marshal or his deputy, con-
stable, police officer, or watchman, in
his city or town, may take into custody
any such liquors, and the vessels in
which they are contained, which he shall
find at any place, by day or night, if he
have reason to believe they are kept or
deposited and intended for unlawful
sale, at the place of seizure, and detain
the same, until warrant can be pro-
cured under which proceedings shall be
had against such liquors, and the owner
or keeper, in like manner as is provided
in case of such liquors taken in tent,
shanty, hut, or other place. If any
person arrested, tried and sentenced, as
set forth in this section, shall appeal
from such sentence, the judge or JUS
tice shall grant the appeal and order
him to recognize in the sum of one hun
dred dollars, with sufficient sureties for
his appearance, and for prosecuting his
appeal, and he shall stand committed
till the order is complied with; and the
Judge or justice, whose judgment is
appealed from, shall furnish full copies
Of all the proceedings in the case, at
the expense of the appellant. And if
Judgment is rendered against the ap-
pellant, in the appellate court, he shall
be punished and the liquors seized and
vessels dealt with as is above provided
in this section; and if said appellant
shall fail to appear and prosecute his ap-
peal, or to abide and perform the judg- |
ment of the appellate court, the re-
cognizance shall be forfeited and the
LIQUORS and vessels shall be disposed of
as aforesaid by order the court.
Go q In all cases of aDDeal under