The Ohio organ, of the temperance reform. (Cincinnati, [Ohio]) 1853-1854, 1853-10-07
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Sf5 Win liLo uquufEi Auu f0bbe15 50 SblLous
as soon as may be, before said judge or
justice, 70 be dealt with according to law.
N And the officer to whom said warrant
may be committed, shall forthwith exc.
gcnls the same, and said keeper or keep
ers when arrested shall be tried thereon,
lin due course Of law, and upon proof
that said liquors are intoxicating. that
they were found in the possession ofthe
accused, in atent, shanty, but, or other
/ place, as aforesaid, he or they shall be
found guilty, and sentenced to be pun,
ished by Imprisonment in the county
Jail for thirty days, and 10 pay all costs OF
such proceedings and the liquors and
vessels 50 seized shall be destroyed by
order Of the court, in the manner before
provided in this act. Any mayor or
alderman, selectman, assessor, city mar
shal or his deputy, constable, police
officer, or wstchman, in his city or town,
may take INTO his custody any such
hquors, and the vessels in which they
are contained, which he shall find at any
H place, by day or night, if be have fea-
son to believe they are keptor deposited
and intended tor unlawful sale, at the
\ place of seizure, and detain the same,
until warrant can be procured under
\ which proceedings shall be had against
such liquors, and the owner or keeper,
in like manner as is provided in case Of
such liquors taken in atert, shanty, hut,
| or other place. If any person arrested,
tried and sentenced, as set forth in this
section, shall appeal from such sentence,
the Judge or justice shall grant the appeal
and order him to recognizes in the sum Of
one hundred dollars; with sufficient
sureties for his appearance, andfor prose.
cutting his appeal, and he shall stand
committed till the order is complied
4 with; and the judge or justice, whose
N Judgment is appealed from, shall furnish
\ full copies Of all the proceedings In the
case, at the expense Of the appellant
! And if judgment is rendered against the
| appellant, in the appellate court, he
shall be punished and the liquors seized
and vessels dealt with as is above pro
| vided in this section; and if said appel
liant shall fail TO appear and prosecute
his appeal, or to abide and perform th'
n Judgment of the appellate court, the re
cognizance shall be forfeited and thl
/ Liquors and vessels shall be disposed 0
as aforesaid b3 order Of the court.
II SEC. 8. In all cases Of appeal unde
this act, and that TO which it is addition
al from the iudgmentTof such Judge O
II justice, except where the proceedings ar
n by action Of debt, they shall be conducte,
\ in the appellate court by the prosecutin,
| officer Of the government but no cOst
II in such cases, shall be remitted or re
duced by the prosecuting officer or thl
court. In any suit, complaint, indict
i ment or other proceeding against any
person for a violation Of any of thC
provisions of this act, or that to which i
is additional, other than fol the frs
ofense, it shall not be requisite to Sc
forth particularly the record Of forme
conviction, but it shall be sufficient Il
allege, briefly, that such person has beer
convicted of violation Of any particu
lar provision of this or the said act, or al
common seller, as the case may be
H and such allegation in any civil or Grim
/ inal process, legally amendable in. any
stage of the proceedings, before fina
| judgment, may be amended. without
terms, and as a matter Of right. Any
process, civil or criminal, legally amend
| able under this or the said ACT, may, in
any matter of form, without costs on
motion, at any time before final judg.
ment.
/ SEC. I. Nothing in this act contained
shall be construed 10 prevent any chem
ist, artist or manufacturer, in whose arr
| or trade they may be necessary, from
keeping at his place Of business such
reasonable and proper quantity Of such
4 liquors as he may have occasion to use
I in his art or trade, but not for sale; mol
to prohibitthe manufacture of cider, and
sale thereof by the manufacturer.
H SEC. 8. No such liquors owned by any
city, town or plantation; or kept by any
agent Of any city, town or plantation, as
his provided in the act 10 which this is ad-
ditionaL Or by any such chemist, artist OF
h ,,oaruEacluror ahall ha nr0facfpd AGAINST