Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-08-16

shall seize the same, and convey them
to some proper place OF security, where
he shall keep them until final action is
held thereon, But no dwelling houses
IN which or in part of which shop is
not kept, shall be searched, unless one at
least of said complananis shall testify
TO some act Of sale OF intoxicating
liquors therein, by the occupant thereof,
or by his consent or permission, within
at least one month oflhc time Of making
said complaint And the owner OF
keeper of said liquors seized as aforesaid,
II he shall be known by the officer seiz.
ing The same, shalt be sunmoncd forth.
with before the justice or Judge by whose
warrant tho liquors were seized, and il
no fails 10 appear, or unless he can
show By positive proof, that they haze
been imported under the laws of the
Unitcn Slater, and ia accordance thele.
willi-that they are contained in the or.
ignal packages in which they were i'm.
ported, and in quantities not less than
the laws of the United States prescribe,
they shall be declared forfeited, and
shall be destroyed by authority of the
written orlcr 10 lliat effect of said Jus.
ticc orjudgc, and in his presence, or in
the presence ol some person appointed
by him to witness the destruction there.
of, and who shall join with the officer by
whom they shall have been destroyed,
in a'csting that fact upon the back of
the order, by authority of which it was
done; and the owner or keeper shall pay
fine of twenty dollars ami costs, or
stand committed for thirty days, in dc.
fault Of payment il, in The opinion of
the court, liquors shall have been kept
or deposited Tor the purpose of sale.
And il the owner or posscssor of any
liquor seized in pursuance of this sec.
tion, shall set up the claim that they
have been regularly imported under the
laws of the United States. and they are
contained in the original packages, the
custom house certificate of importation
and proofmarks on the casks or packa
ses corresponding thereto, shall not be
received as evidence ,ha, the liquor con.
Ialned in said packages are actually i'm.
porte therein.
If the owner, keeper or posscssor Of
liquor siezcl under the provisions Of
tins act, shall be unknown to the off
rcrs scizing the same, they shall no,
be condemned and destroyed until they
shall have been advertised; with tho
Number and description of the packa
yes as near as may be, for two weeks,
10y posting up written description oil
the same in some public place, that il
such liquors are actually the property OF
any city or town in the State, and were
so at t! c time of the seizure, purchased
for sale by the agcn, of said city or town
for medical AMI mechanical purposes
only, in pursuance Of the provisions Of
this act, they may not be destroyed; but
upon satisfactory proof of such own.
crshp, within Two weeks before the
justice or julec by whose authority said
liquors were seized, and the Justice or
JUICE shall deliver TO til. agent of said
city or town an order to the officer, who
shall then deliver them TO said agent Ia
king his receipt therefor upon the bac!,
Of said orlcr, which shall be returned
to said justice or Judge.
Sec. 10, Ii any person claiming any
liquors, seized as aforesaid, shall op.
peal from the judgment of any justice o,
judge by whose authority the seizure
was made to the district court, before
his appeal shall be allowed, he shall
give boni in the sum of two hundred
dollars, with TWO good and sufficient
surciics to prosecute his appeal, and to
pay all liucs and cos:s which may be
AWARDED against him, anl in case o
any such appeal, where the quantity oI
liquors so seized shall exceed five gal.
Ions, il The final decision shall be a
sainst the appellant, that such liquors
were intended by him for sale, he shall
be adjulyel by court common seller
o(intoxicalins liquors, and they shall be
destroyed as provided in section eleven
u But nothing in this act shall be constru
cd to prevent any chemist, artist, Of
manufacturer in whose art or trade they
may be necessary, from keeping at hi.
T place of business such reasonable ant
proper quantities Of distilled liquors q.
) he may have occasion TO use in his ar
T or trade, but not for sale.
Sec. Il. 1t shall be the duty of any
mayor, alderman, or selectman, sscss
or, city marshall or deputy, or consta
bic, il he shall have information tina
any Intoxicating liquors are kept ant
sold in any tent, shanty, hut, OF place
Of any kind for selling refreshments il
any public place, on or near the grount
orany cattle show, agricultural exhibi
ton, military muster, or public occa
+ sion ofany kind, TO search such suspec
ted place, and if such officer shall fin'
upon the premises any intoxicating
l drinks, he shall seize them, and arres
t the keeper or keepers Of such place, am
=. tako them forthwith, or as soon as ma
: be, before the justice or judge Of mu
: nicipal or police court with the liquor
r so found and seized, and upon proc
!. that said liquors so found and seized
/, and upon proofthat said liquors are in
I toxcaling; that they were found in pos
: session of the accused, in a tent. shanty
or other place aforesaid; he orthey shal
G be sentenced to Imprisonment in tn
! county jail for thirty days, and th
l. L