The Literary echo, and Pawcatuck advertiser. [volume] (Westerly, R.I.) 1851-1854, 1853-03-10

Court OF Magistrates OF the City OF
Providence, prior to the 18th day of
March, 1853, shall be to the Supreme
Court at its March term, 1853, in the
county of Providence, wherein such ap.
peals shall be heard and tried, and the
decision therein shall be final. And the
recognizance required on such appeals
shall be varied by the said Court of
Magistrates conformably with this pro-
vison. And in case of such appeal, if
the final decision shall be against the
appellant, sentence shall be passed by
said appellate Court, and such liquors
seized be adjudged forfeited and ordered
to be destroyed as herein provided and
all reasonable charges incidental to the
keeping and storage of such liquors, from
and after the date Of its seizure, shall be
taxed in the costs against the defendant.
But nothing in this act contained shall
be construed to prevent any pers IN from
keeping on his premises, or possessions,
any liquors which are of foreign produc-
ton, and which have been imported
under the laws of the United States and
in accordance Herewith, and which arc
contained in the original packages in
which they were imported, but the Gus
tom house certificates of importation and
proof Of marks on the casks or pack
ages corresponding thereto, shall not be
received by any court in this State as
conclusive evidence that the liquors con-
tanned in those packages are those actu-
ally imported therein.
Sec. 10. 1t shall be the duty of any
mayor, alderman, city marshal, city or
town sergeant, constable or police officer,
of any city or town, if he shall have in
formation that any ale, wine, rum, or
other strong or malt liquors, or any
mixed liquors as aforesaid, are kept for
sale, or sold in any tent, shanty, hut, or
place of any kind for selling refresh
ments in Sny public place, on or near
the ground of any cattle Show, agricul-
tural exhibition, military muster or pub
lie occasion of any kind, to search such
suspected place, and if such officer shall
find upon the premises any ale, wine,
rum, or other strong or malt liquors, Or
any mixed liquors as afor. said, he shall
seize them and apprehend the keeper or
keepers of such place, and take them
with the liquors and the vessels contain
ing them, so found and seized forthwith
or as soon as may be convenient, before
some justice of the peace, or court ex-
ercising the jurisdiction of justice of
the peace, of the town where found, and
thereupon such officer shall make a
written complaint under oath, and sub
seribed by him, to such justice or court,
that ale, wine, rnm, or other strong or
malt liquors, or mixed liquors, part of
which is ale, wine, rum, or other strong
or malt liquors was found in the posses
sion of such keeper or keepers, in tent,
shanty, hut, or place for selling refresh
ments, and upon proof that said liquors
are either ale, wine, rum, or other
strong or malt liquors, or mixed liquors
as aforesaid, that they were found in the
possession of the accused, in tent,
shanty, or place as aforesaid, for sale, he
or they shall be sentenced to imprison-
ment in the county Jail of the same
county for twenty days, and the liquor
aud vessels so seized shall be dealt with, ,
by order of said justice or court, as pro.
vided in the 9th section Of this act.
But from the sentence and order of the
justice or court as aforesaid, the defend
ant may appeal to the Court of Common
Pleas next to be holden in the same
county after ten days in the same man
ner, and upon the same terms and con-
ditions and with the like effect, as pre-
scribed in section 9th of this act. And
in case Of such appeal, if the final
decision shall be against the appellant,
sentence as aforesaid shall be passed
upon him by the appellate court, and
and the liquor and vessels seized az
aforesaid shall be dealt with as aforesaid.
Sec. IL. In all cases of appeal under
this act, in which the appellant shall
fail to.enter and prosecute his appeal in
the appellate Court according to law,
said court in addition to defaulting his
recognizance, shall order all liquors and
vessels in the custody of the officer, uu-
der the provisions of the 9th section of
this act, to be dealt with as in that Sec
ton provided: and whenever a default
shall be had Of any recoguizauce taken
in pursuance of this act, suit shall be
forthwith commenced in court having
competent jurisdiction.
Sec. H.. Whenever justice Of the
peace or any court exercising the juris-