Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-09-03

IGhy person appointed under TINS act, mas OCcn
committed, shall notify the person complained
Of, and if upon hearing Of the parties it shall
appear that any breach has been committed,
| they shall revoke and make void his appoint. /
ment And whenever breach oi ans bond |
given TO ne Inhabitants Of any city or town in |
pursuance Of any Of the provisions Of this act,
shall be made known to the mayor and alder |
man. or sclectmeu, or shall in any manner !
come to their knowledge, they or some of
them SHALL a! the expense and for the use of
said city or town, cause the bond to be put in
suit in any court proper 10 Try the same.
SEC 8. No person sha'l be allowed tt be
a manufacturer ofany spirituous or intoxica
ting liquor, or common seller thereof, without
being duly appointed as aforesaid, on pain of
forfeiting on the first conviction the sum Of two
hundred dollars and cost Of prosecution, and
in default of the payment thereof, the person
so convicted shall be imprisoned sixty days in
the common Jail; aud on the second convc-
ton, the person so convicted shall pay
the sum of two hundred dollars
and costs Of prosecution, and in default ofply-
ment shall be imprisoned four months in the
common jail and on the third and every sub
sequent conviction shall pay the sum of two
hundred dollars, and shall be imprisoned four
months in the common jail ofthe county were
the offense was committed; said penalties to
be recovered before any court of competent
jurisdiction, by Indictment, or by action Of debt
in the name of the city or town where the Of
! fence shall be committed. And whenever a
= default shall be had Of any recoJnzlnce ari-
sing under this act, scire facias shall be issued
!, returnable 1t next term, and the same shall
! not be continued, unless for good cause, salts
: factory to the court.
Sec o.. No person engaged in the unlaw-
ful traffic IN intoxicating liquors shall be com
. petent to set upon any jury in any case aris-
ing under this act; and when Information
shall be communicated to the court, that any
member of any panel is engaged in such traf-
: fc, or that he is believed to be so engaged
= the court shall inquire of tho iurymau of whom
! such belief is entertained; aud no answer
u which he shall make, shall be used against
. him in any case arising under this act; but if
:. he shall answer falsely, he shall be incapable
:, of serving on any jury in this State; but be
! may decline to answer in which case he shall
> be discharged by the court from all further
- attendance as jurYman.
= Sec. 10. All cases arising under this act
~ whether By action, indictment or comp pant
which shall come before superior court, eli
;, ther by appeal or original entry, shall take
: precedence in said court of all other business
+ except those criminal cases in which the par
- ties are actually under arrest awaiting a trial
=. and the court ana the prosecuting officer shal
Z not have authority to enter nol!e proseqli
- or to grant a continuance in any case arising
;" uuder this act, either before or after the YER
diet, except where the purposes OF justice shat
b. require.
> See H. If any three persons voters in the
J. town or city where the complaint shall b,
l. made, shall before any justice Of the peace Of
III Judge of municipal OF police court, make com
u, paint under oath or affirmation, that they
III have reason to believe that spiiluous or intoX
le calin5 liquors are kept or d sted, and IN
IS tended for sale by any person Tot autholizec
10 10 sell The same is said city or town under th'
"a provisions Of this act, in any store, shop, ware
y house or other building or place in said city
H. or town, sad justice or Judge shall issue hi
ID warrant OF search to any sheriff. city marsha
\ Or deputy, or to any constable, wh0 shall pro
nc cccd 10 search the premises described In sal
'r warrant, and if any spirltuous or Intoxicating
'' liquors are found therein, he shall seize th
~ same, and convey them to some Proper plAc
III Of security where he shall keep them until Il
C. nal action is had thereon. But no dwelling
% house in which, or in part cf which shop
10 not kept sLali be searched unless AT least on
ID of said compliments shall testify to some aC
ne Of sale Of Intoxicating liquors therein, by tn
Is occupant thereof, or by his consent or pernis
r. sion, within at least one month Of the time {
OF making said complaint And the owner o
Is keeper Of said liquors, seized aforesaid, if
n Ir1,, ko 4 fti lp N
er shall he forthwith summoned before the jus
tice or Judge by whose warrant the liquor
lg were seized, and if he fails to appear, or unles
~ he can show by positive proof, that said liquol
~ are Of foreign production, that they have bee
'al imported under the laws OF the United State
't- and in accordance tberewith-that they al
SO contained in the original packages IN whic
m. they were imI Iorted, and in quantities not les
Or, than the laws of the United States prescrb
d. they shall be declared forfeited, and shall b
ne destroyed by authority of the written orde
Al to that effect, of said justice or Judge and
Mt presence. or in the presence OF some perso
on appointed by him to witness the destructo
re- thereof, and who shall join with the officer
a. whom they shall have been destroyed, in a
ut testing the fact upon the back OF the order
he the authority of which it was done; and Il
Int owner or keeper of such liquors shall pay
nd fine of twenty dollars and costs, or stand con
Of mitted fol thirty days, and in default of pa.
Of ment, if in the opinion of the court said liquo
OF shall have been kept or deposited for the pu
lot' poses of sale. Andif the owner or possess
Ing of any liquors seized in pursuance of this Sc
ton, shall setup the claim that they ha
cal been regularly imported under the laws of I
a. United States, and that they are contained
ion the original packages, custom house certi
all Gates and proof marks on the casks or pack
un- ges corresponding thereto, shall not be recei
ent ed as evidence that the liquors contained
se- said packages are those actually imports
md therein.
i'm, Sec II. II the owner, keeper or possess
m of liquors, seized under the provisions of Il
1w act, shall be unknown to the officer seizlng I