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

lshed that the liquors so seized were s.
as aforesaid kept or deposited for unlaw
full sale by some person or persons no
named in the complaint, decline to or
der them to be restored, and shall pro
ceed Herewith as is hereinafter proyi
ded.
Sec. 2. If the name of the person 81
keeping or depositing the liquors de
scribed in any such complaint is no
stated therein, and any such liquor.
shall be seized upon the warrant ISSUED
upon such complaint, or if the person
named in such complaint shall not bt
found and arrested, or if any liquor
shall not be restored in the case speci.
fed in the preceding section, the Judge
or justice shall cause a notice of such
seizure, describing such liquors with
reasonable certainty, and the place
where the same were seized, and Of the
time and place appointed for hearing
thereon, to be posted in some public
and conspicuous place in the town OIL
place where the seizures were made fol
two weeks successively before the day
of said hearing, for all persons inter
ested to appear and show cause why
said liquors and the vessels in which
they are contained should not be for
feited. And if no claimant shall then
appear, such judge or justice shall on
proof of notice as aforesaid, adiudicate
on the same, and the like proceedings
shall be had as is provided in the pre-
ceding section in cases of forfeiture,
and such adjudication shall be bar,
and is therein provided. And if any
person shall then appear and claim
such liquors, or any part thereof, as his
own property or as having rightto the
possession or keeping thereof, he shall
file such claim, in writing signed by
him, with such judge or justice, stating
specifically the items so claimed and
the time and place of the seizure, and
the name of the officer by whom the
same were seized, and in it declare that
they were not so kept or deposited for
unlawful sale, and also state his place
of residence or business in such town or
place, and shall sign the same and if the
quantity so claimed shall not be more
than FIVE gallons, and the judge or JUS
tice shall be satisfied that the same was
not so kept or deposited for unlawful
sale, he shall give such owner or keeper
an order in writing directed to the Of
ficer having the same in custody, for the
delivery of the same; and if the judge
or Justice shall not be satisfied that the
same was not kept or deposited for an
lawful sale, or if the quantity so
claimed shall exceed FIVE gallons, he
shall forthwith notify one or more of
the said complainants of the said claim,
and if within twenty-four hours, after
such notice is given, complaint shall
be made in manner aforesaid by three
persons who are competent to be wit
nesses in civil suits, who are residents
in the county, against such owner or
keeper, that the spirituous or intoxica-
ting liquors claimed as aforesaid were,
prior to and on the day when the same
were seized, kept or deposited by said
owner or keeper, or by some person
with his consent, for sale as set forth in
the preceding section, the judge or JUS
tice shall issue his warrant, upon which
such owner or keeper shall be arrested
and brought before him, and such pro-
ceedings shall be had on such arrest on
a warrant issued as is before provided;
and if such owner or keeper shall avoid
so that he cannot be arrested, the Of
ficer shall make return upon the war
rant according to the fact, and the
Judge or Justice shall thereupon proceed
to declare the said liquors forfeited;
and if no such complaint shall be made
in either case, the liquors shall be re-
stored to such owner or claimant upon
the written order of the judge or JUS
tice in manner aforesaid, and these
proceedings shall be bar to any claim
of damages on the part of any person
for the said liquors and the vessels in
which they are contained, or for the
taking and detention of the same. And
if the said owner or keeper when ar
rested upon such warrant and tried for
the offense charged in said complaint,
shall not establish either of the grounds
of defense stated in the preceding sec
ton, and shall be found guilty of having
said liquors, or any part thereof, kept
or deposited as aforesaid for unlawful
sale on the day aforesaid, or prior
thereto, he shall be punished by fine
of twenty dollars and costs, and at the
discretion of the judge or justice with
the costs of the original proceedings in
which said liquors were seized, and be
imprisoned thirty days in default of the
payment thereof, and the liquors, so as
aforesaid seized and claimed, shall be
adjudicated upon and disposed of, to-
gether with the vessels in which the
same are contained; as is provided in
the preceding sections of this act; and
such adjudication shall be bar as is
therein provided.
Sec. 8. If any officer having war
rant issued under this act, committed to
him directing him to seize any such
liquors and to arrest the owner or keep
er thereof, shall be prevented from
seizing the liquors by their being
poured out or otherwise destroyed, he
shall arrest the owner or keeper and
bring him before the magistrate, and be