Hannibal journal. (Hannibal, Mo.) 1852-1853, 1853-04-28
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-. n any person claiming any liquors,
ssixNE Nv AFMtsaid, shall appeal from the jads. I
Ineni cfsny 5ussioe q Judge By whose authority
the sci41ft vas fnades to fts dstrict court, be-
fore he appeal shall be allowed. he shall give q
bond in the sum Of two hundred dsllars, with
two good and sufficient surcties 10 PROSECUTE his
appeal. and 10 pay oil fines and costs that may
be awarded ngrinsthiTn, and in ile case Of any
such shpeal, where the Quantity ~ liquors so
seized sfsll exceed Eve giiicns. II The final de.
cisicn shall be against tie appellant, that such
liquors were intended W him for sale, he shall
be adiuared by The court a common seller OF in-
toxicstinr liquors, and shall be subject 10 the
penalties provided for in section eight of this
art. And said LIQUORS shall be destroyed as pro.
vided for in scetian eleven. But nothiug con-
sained il this act shall be construct IL prevent
any chemist, artist, or inauplscturcr in whose
ari or trade they may be necessary, from keep
ing at his place Of business such reasonable and
proper quantity Of distilled liquors as he may
have occasion 10 use in his art OF trade, but not
for sale.
s IL. II shall be the duty Of any mayor, al.
derrnsn, or seleettnsn, assessor, city marshal or
deputy, OF constable, il he shall ave inIorma.
ton that any intoxicatiny liquors are kept or
sold in any tent, shanty, hut, or place OF any
kind for selling Refreshments, in any public
place on or near The ground Of any cattle show
agricultural exhibition, military muster, or pub
lie occasion OF any kind, to search such suspect
ed place, aud If said officer shall find upon the
premises any Intoxicating drinks, he shall seize
them, and arrest the keeper OF keepers OF such
place, and take them forthwith, CT as soon as
may be, before some justice or Judge oil mini.
eipal or police court with the liquors found
and seized, and upon proof that said liquors are
Intoxicating, that they we,e found in the pos
session Of The accused in a tent, slanty, or 9th
er place as aforesaid, he OF they shall be sen
fenced 20 Imprisonment in the county Jail for
thirty days, and the liquors so seized shall be
destroyed by order Of said justice or Judge.
8 Is. IT any person arrested under The pre-
ceding section, and sentenced as aforesaid, shall
claim an appeal, before his appeal shall Re al.
lowed, he shall giye bond in the sum OF one
hundred dollars, with two good and sufficient
sureiies, that he VIII prosecute his appeal, and
pay all costs, fines and Senalties which may be
awarded against him. And it an such appeal
the verdict Of the Jury shall be against him, he
shall, in addition 10 tic penalty awarded by The
lower court, pay fine OF twenty dollars. In
al cases of appeal under this act from jHdg.
nent Of justice or Judge Of any municipal or
police court, 10 the district court, except where
she proceeding is by action Of debt, they shall
be coBduc,ed in said district court by the prose-
cutting ofiieer OF the government -and said Off.
Ger shall be entitled TO receive all costs taxable
10 lie state in all criminal proceedings under
this act, in addition. 10 the salary allowed t.
snch officer by law---but no costs in such case
shall De remittc, .. -
officer. or the court, lpany suit, complaint, in
dietment, or other proceedings against any per
son for violation OF any OF the provisions o
this act, other thanfor the first oifense, il sIal
not be requisite 10 set forth particularly the re
1t. ILL h. ,f
fcient 10 alleg6 briefly, that such person La
been convicted of a violation Of The fourth sec
ton OF this aci, or as a common seller, as III
ease may be; and such allegation in any civil .
criminal process in any stage OF the proceed
ings, befure 1inal judgment, may be amende
wiihout terms and as matter Of right. l
SO l6. AL payments or compensation for i
qUors cold in violation Of law, whetherin me
ney, labor, or other property, either real or per
sonal, shall be held and considered to have bee
received in violation of law, and without COT
sideration and ngainst law, equity, and goo
eonsciences and all sales, transfers, and convey
ances, mortgages, liens, attachments, pledge
and securities d every kind. which either
whole or in part, shall have been for or on AZ
count Of spiriluous or intoxicating liquors, sha
be utterly null and void against all persons az
in all cases, and no right OF any kind shall
law or equity, touching such real or person
estate, the purchaser of such liquors may be
witness for either party. And no action of ar
hind shall be maintained in any court in th
state, either in whole or in pat for intoxica
ins or pirituous liquors sold in any other sta
Or county whatever, nor shall any action OF ar
Kind To had or maintained in any court in III
sAass, fer the recovery or possession OF iniox
eating or spirituOus liquors, or the value Their
IT, 't@ sa'si e-aia i--r' 'tll'
"a II Allths provision. Of this act relatir
isiswas shall be applicable 10 sitiss end plant
aiuns; and those relating TO selectmen s'i4'.. al
- applied tothe mayor and aldermen Of eiti
~ assessors OF plantations.
9 Is. The act entitled IAN Act 10 restri
% alG % Intoxicating drinkS," approved A
KaA siSth, one thousand eight hundred and "a
Iy-six, 10 hereby repealed, except the lhirie
ssesisns from section ten 10 section tWenty-tW
taalasive, saving and reSeTvinG all aciiOnS
OtAeV proesSlisEs, which are already common
a ~ sullsopiy Of the came, and all other &C
anA nASt0 % aess inconsistent with THE Oet .
fasshy sspsalsd This act 70 take eEect ffo
- Sftss De approval BY tls governos.--.9
nesDsd yaRs 3, 1851.
~ assa : HS1 oa1G0ESA
4Se E>gtaNRs Missourisn has put up &
easns n ~. JaA i. Lindey, of Lewis count
Sr Congress in this District. We are not q
anain,ei eth Mr.. Lindley, but understand h