The Ohio organ, of the temperance reform. (Cincinnati, [Ohio]) 1853-1854, 1853-01-21

sor, city marshal or deputy, or consta-
BILE, if he shall have information that any
Intoxicating liquors are kept or sold in
any tent, Shanty, hut Or place Of any
kind for selling refreshments in any pub
lie place, on or near the ground Of any
cattle show, agricultural exhibition, mill
itary muster, or public occasion Of any
kind, to search such suspected place, and
if such officer shall find upon the premi-
ses any intoxicating drinks, he shall
seize them, and arrest the keeper or keep
ers Of such place, and take them forth
with, or as soon as may be, before some
justice or Judge of municipal or police
court with the liquors SO found and seized,
and upon proof that said liquors are in
toxicating, that they were found in pos
session Of the accused, in tent, shanty,
or other place as aforesaid, he or they
shall be sentenced to Imprisonment in
the county jail for thirty days, and the
liquor so seized shall be destroyed by or
der of said justice or judge.
SEC. 10, If any person arrested under
the preceding section, and sentenced as
aforesaid, shall claim an appeal, before
his appeal shall be allowed, he shall give
bond in the sum of one hundred dol
lars, with two good and sufficient sure
ties, that he will prosecute his appeal,
and pay all fines, cost and penalties,
which may be awarded against him.
And if on such appeal the verdict of the
jury shall be against him, he shall, in ad-
dition to the penalty awarded 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 proceedings is
by action of debt, they shall be conduct
ed in said district court by the prosecu-
ting officer Of the government-and said
officer shall be entitled to receive all
costs taxable to the State, in all Grimm
al proceedings under this act, in addition
to the salary allowed to such officer by
law-but no costs shall be remitted or
reduced by the prosecuting officer or the
court. In any suit, complaint, indiCt-
ment, or other proceeding against any
person for violation of any Of the pro-
visions of this act, other than for the
first offence, it shall not be requisite to
set forth particularly the record of for
mer conviction, but it shall be sufficient
to allege briefly, that such person has
been convicted of a violation of the
fourth section of this act, or as COM
mon seller, as the case may be and
such allegation in any civil or criminal
process in any stage of the proceedings,
before final judgment, may be amended
without terms and as matter of right,
SEC. 16. Ali payments of compensa-
ton for liquors sold in violation of law,
whether in money, labor or other prop
erty, either real or personal, shall be
held and consideredto to have been received
in violation of law, and without consid-
Grafton, and against law, equity and good
conscience and all sales, transfers, con-
veyances, mortgages, liens, attachments,
pied ges, and securities OF every kind,
which, either in whole or in part, shall
have been for or on account of spiritu-
GUS or intoxicating liquors, shall be ut
terly null and void against 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, touch
ing such real or personal estate, the
purchaser of such liquors may be wit
ness for either party. And no action of
any kind shall be maintained in any court
in this State, either in whole or in part
for intoxicating or spirituous liquors sold
in any other State or country whatever,
nor shall any action of any kind be had
OF maintained in any court in this State,
for the recovery or possession of intoxi-
eating or spurious liquors, or the value
| thereof.
/ Sec. II. All the provisions of this act
relating to towns shall be applicable to
cities and plantations; and those relating
to selectmen shall also be applied to the
mayor and aldermen Of cities and asses