The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-08-05


Sec. u. II shall be the duty Of any mayor,
alderman, or selectman, assessor city marshal
or deputy, or constable, il he shall have in
formation that any intoxicating liquors are
kept or sold In any tent, shanty, hut, or place
OF any kind for selling refreshments in any
public place. on or near the ground of any
cattle show, agricultural exhibition, military
muster or public occasion Of any kind, to
search such supecsed place, and if such officer
shall find upon the premises 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 or Judge of municipal or police
court, with the liquors so found and seized,
and upon proof that said liquors are intoxica-
ting, that they were found in the possession
ofthe accused, in tent, shanty, or other
place as Aforesaid, he or they shall be SEN
fenced to imprisonment in the county Jail for
thirty days, and the liquors so seized shall be
destroyed by order Of said justice or Judge.
Sec. ID. IL any person arrested under the
preceding section, and sentenced as aforesaid,
shall claim an appeal before his appeal be
allowed, he shall give bond in the sum of
one hundred dollars, with two good and suf-
ficient sureties, that he will prosecute his
appeal and pay all fines, cost 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 a
fine of twenty dollars. In all cases of appeal
under this act from the judgmen. of Justice
or Judge of any municipal or police court TO
the district court, except where the proceed
ing is by action of debt they shall be conduct
ed 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 und-
er this act, in addition to the salary allowed
to such officer by Iaw-but no costs shall be
RENTED or reduced by the prosecuting officer
or the court. In any suit, complaint, ndict-
ment, or other proceeding against any person
for 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 alledge briefly, that such person
was convicted of violation of the fourth
section of this act, or as common seller. as
the case may be; and such allegation in any
civil or criminal process in any stage of the
proceedings, before final judgment, NAV b,
amended without terms and as a matter @
right.
Sec. l6. All payments of compensation
for liquors sold in violation of law, whethe
in money, labor or other property, either rea
or personal, shall be held and considered 4
have been received in violation of law, an
without consideration, and against law, eaui.,
ard good conscience; and all sales, transfers
conveyances, mortgages liens, attachments
pledges, and securities of every kind, whc
either in whole or part, shall have been fo
or on account Of spirtuous or intoxicating Ii
quors, shall be utterly null and void apains
all persons and in all cases, and no rights O
any kind shall be acquired thereby; and i,
any action either at law or equity, touchin,
such real or personal estate, the purchaser O
such liquors moy be a witness for either pnrty
And no action of any kind shall be maintain
ed in any court in this State, either in Who'll
or in part for intoxicating or spirituous Ii
quors sold in any other State or country what
ever, nor shall any action of any kind be ha
or maintained in any court in this State, fo
the recovery or possession of intoxicating O
spirituous liquors, or the value thereof.
Sec. IL. All the provisions of this act rc
lating to towns shall be applicable to cite
and plantations; ond those relating to selec,
men shall also be applied to the mayor an
aldermen of cities. and assessors of plantu
tons.
Sec. Is. The act entitled "an act to re
strict the sale of intoxicating drinks" approx
ed August sixth, one thousand, eight hundre
and forty-six, is hereby repealed, except tn
thirteen sections from section ten to section
twenty-five, inclusive, saving and reservin
all actions or proceedings, which are alread
commenced by authority of the same, and a
other acts and parts of acts inconsistent wit
this act, are hereby repealed. This act t
take effect from and alter its approval by tn
pOyernor,-A DDrOpeI .Jlue q 1871