The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-08-17

Justice or judge by whose authority said
liquors were seized, and the justice or
Judge shall deliver to the agent OF said city
or town an order to the officer having said
liquors in custody, whereupon said officer
shall deliver them to said agent, taking
his receipt therefor upon the back of said
order, which shall be returned to said JUS
tice or judge.
SEC. IS. If any person claiming any
liquors, seized as aforesaid, shall appeal
from the judgment Of any justice or Judge
by whose authority the seizure was made
to the district court, before his appeal shall
be allowed, he shall give bond in the
sum of two hundred dollars, with two good
and sufficient sureties, to prosecute his ap-
peal, to pay all fines and costs which may
be awarded against him, and in case Of
any such appeal, where the quantity of
liquors so seized shall exceed gallons, if
the final decision shall be against the ap-
pellant, that such liquors were intended
by him for sole, he shall be adjudged by
the court common seller of intoxicating
liquors, and shall be subject to the penal.
ties provided for in section eight, Of this
act; and said liquors shall be destroyed as
provided in section eleven. But nothing
contained in this act shall be construed to
prevent any chemist, artist or manufactur-
er, in whose art or trade they may be ne.
cessary, from keeping at his place Of bu-
siness such reasonable and proper guam
titles of distilled liquors as he may have
occasion to use in his art or trade, but
not for sale.
Sec. a. 1t shall be the duty of any
mayor, alderman, or selectman, assessor,
city marshal or deputy, or constable, if he
shall have information that any intoxicat-
ing liquors are kept or sold in any tent,
shanty, hut, or place of any kind for sell
ing refreshments in any public place, on
or near the ground Of any cattle show, ag-
ricultural exhibition, military muster or
public occasion Of any kind to search such
suspected place, and if such officer shall
find upon the premises any intoxicating
drinks. he shall seize them, and arrest the
keeper or keepers ofsuch place, and take
them forthwith. or as soon as may be, be-
fore some justice or judge OF municipal
or police court, with the liquors so found
and seized. and upon proof that said IL
quors are intoxicating that they were found
in the possession Of the accused, in a tent.
shanty, or other place as aforesaid, he or
they shall be sentenced to Imprisonment
in the county Jail for thirty days, and the
liquors so seized shall be destroyed by or
der Of said justice or Judge.
Sec. Is. If 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 sufficient sureties, that he
will prosecute his appeal and pay all fines.
costs and pen allies, which may be award
ed against him. And if on such appeal
the verdict of the jury shall be against him.
he shall, in addition 10 the penalty award
ed by the lower court, pay fine Of twenty
dollars. In all cases of appeal under this
act from the judgment of a 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 con-
Quoted in said district court by the prose-
cutting officer ofthe government-and said
officer shall be entitled to receive all costs
taxable to the State, in all criminal pro-
ceedings under this act, in addition 10 the
salary allowed to such officer by law
but no costs shall be RENTED or reduced
by the prosecuting officer or the court. In
any suit, complaint, indictment, or other
proceeding against any person for viola
tion OF any OF the provisions Of this act,
other than for the first offence, it shall not
be requisite to set forth particularly the re-
oord e. c,rr,ar oony;of;op hut II oh oil ha
sufficient to alledge briefly, that such per-
son was convicted of violation Of the
fourth section of this act, or as common
seller, as the case may be; and such allie
CATION in any civil or criminal process in
any stage Of the proceedings, before final
judgement, may be amended without terms
and as matter Of right.
Sec. l6. All payments OF compensa-
ton for liquors soldsin violation OF law.
whether in money, labor or other property.
either real or personal, shall be held and
considered to have been received in viola.
ton of law, and without consideration, and
against law. equity and good conscience:
and all sales, transfers, conveyances,
mortgages, leins, attachments, pledges,
and securities of every kind, which either
in whole or part, shall have been for or
on account Of spirtuous or Intoxicating Ii
quors, shall be utterly null and void a
gainst all persons and in all cases, and
no rights Of any kind shall be acquired
thereby; and in any action either at law
or equity, touching such real or personal
estate, the purchaser of such liquors may
be witness for either party. And no ac-
tion OF any kind shall be maintained in
any court of this State, either in whole or
in part for intoxicating or spirituous liquors
sold in any other State or county whatev-
er, nor shall any action of any kind be had
or maintained in any court in this State
for the recovery or possession ofintoxicat'
ing or spurious liquors, or the value there
OF.
Sec. II. All the provisions of this act
relating to towns shall be applicable TO cit
les and plantations; and those relating to
selectmen shall also be applied TO the may
or and aldermen Of cities and assessors o
plantations.
SEC. 18. The act entitled "an act tc
restrict the sale ofintoxicating drinks" ap
proved August sixth, one thousand, eigh
hundred and forty six, is hereby repealed
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