The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-08-05

petent to sit upon any jury in any case sris-
ing under this act, and when information
shall be communicated to the court, that any
member Of any panel is engaged in such traf.
! fic, or that he is believed to be engaged, the
court shall inquire of the juryman Of whom
such belief is entertained; and no answer
which he shall make shall be used against
him in any case arising under this act; but
If he shall answer falsely he shall be ncapa-
Bile Of serving on any jury in the state; but he
may decline to answer, in which case he shall
be discharged by the court from all further
attendance az a juryman.
Sec. 10. All cases arising under this act.
whether by action, indictment or complaint,
which shall come before a superior court,
either by appeal or original entry, shall take
precedence in said court of all other business,
except those criminal cases in which the
parties are actually under arrest, awaiting a
trial; and the court and prosecuting officer
shall not have authority to enter nolle
prosequi, or to grant a continuance in any
case arising under this act, neither before or
after the verdict, except where the purposes
Of justice shall require it,
Sec. IL. If three persons, voters in the
town or city where the complaint shall be
made, shall before any justice of the peace or
Judge of any municipal or police court, make
complaint under oath or affirmation, that they
have reason to believe and dc believe that
spirituous or intoxicating liquors are kept or
deposited, and intended for sale by any per-
son not authorized to sell the same in said
city or town under the provisions of this act,
in any store, shop, warehouse or other build
ing, or place in said city or town, said Judge
shall issue his warrant of search to any
sheriff, city marshall or deputy, or to any con-
stable, who shall proceed to search the pre-
misses described in said warrant, and ii any
sprituous or intoxicating liquors are found
therein, he 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 house in which or
in part of which shop is not kept, shall be
searched, unless at least one of said COM
plants shall testify to some act of sale of in
toxicating liquors therein, by the occupant
thereof,by his consent or permission, n,within at
least one month of the time of making said
complaint. And the owner or keeper of said
liquors, seized as aforesaid, if he shall be
known to the officer seizing the same, shall
be summoned forthwith before the Justice or
Judge by whose warrant the liquors were
seized, and if he fails to appear, unless he
can show by positive proof, that they are of
foreign production, that they have been i'm.
ported under the laws of the United States,
and in accordance therewth--that they are
contained in the original packages in which
they were imported, and in quantities not less
than the laws Of the United States precribe,
they shall be declared forfeited, and shall be
destroyed By authority Of the written order
to that effect of said justice or Judge, and in
his presence. or in the presence of some per-
son appointed by him to witness the destruc-
ficer by whom they shall have been destroyed,
in attesting 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 and costs, or stand committed for thirty
days in default OF payment, if in the opinion
of the court, said liquors shall have been kept
or deposited FOR the purpose of sale. And if
the owner or possessor of any liquors seized
in pursuance of this section shall set I'D the
claim that they have been regularly imported
under the laws of the United States, and that
they are contained in the ignal packages.
the custom-house certificate of Importation
aud proof of marks on the casks or packages
corresponding thereto, shall not be received
as evidence that the liquors contained in said
packages were actually imported therein.
Sec, -. If the owner, keeper, or posses
sor of liquor seized under the provisions of
this act shall be unknown to the officer sez-
ing the same, they shall not be condemned
and destroyed until they shall have advertis-
ed, with the number and description of the
packages as near as may be, for two weeks,
by posting up written description of the
same in some public place, that if such Ii
quors are actually the property of any city
or town in the state, and were so at the time
of seizure, purchased for sale by the agent Of
said city or town, for medical and mechanical
purposes only, in pursuance of the provisions
of this act, they may not be destroyed; but
upon satisfactory proof of such ownership,
within said two weeks, before the 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 OHlcer ndVthg Sdiu hiuors III CUSTODY
whcreupon said officer shall deliver them to
said agent, taking his receipt therefor upon
the back of said order, which shall be return
ed to said Justice or judge.
Sec. l3. II any person claiming any Ii
qu ,rs, 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 appeal, to pay all fines and
costs which may be awarded against him, g.
! in case of any such appeal, where the quanti-
ty or liquors so seized shall be against the
appellant, that such liquors were intended by
him for sae he shall be ndjudged by the
court common seller of intoxicating liquors,
and shall be subject to the penalties provided
for in section eight, of this act; and said Ii
quors shall be destroyed as provided in sec-
| tion eleven. But nothing contained in this