Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-09-01

the prosecuting officer or the court. /
any suit, complaint, indictment or othe
proceeding against any person for tn
violation of any of the provisions @
this act, or that to which it is add
tional, other than for the first offenSe
it shall not be requisite to set forth par
ticularly the record of former convic
ton, but it shall be sufficien: to allege
briefly, that such person has been con
victed of violation of any particular
provision of this or the said act, or as (
common seller, as the case may be, anC
such allegation in any civil or crimina
process, legally amendable in any stage
of the proceedings, before final judg,
ment, may be amended, without terms,
and as a matter of right. Any pro.
cess, civil or criminal, legally amenda,
bic under this or the said act, may, in
any matter of form, without costs; or
motion, at any time before final judg
ment.
Sec. Z. Nothing in this act contained
shall be construed to prevent any
chemist, artist or manufacturer, in
whose art or trade they may be neces-
sary, from keeping at his place of bust
ness such reasonable and proper quanti-
ty of such liquors as he may have oc-
casion to use in his art or trade, but moi
for sale; nor to prohibit the manufac-
ture of cider. and sale thereof by the
manufacturer.
Sec. 8. No such liquors owned by
any city, town or plantation; or kept by
any agent of any city, town or planta-
tion, as is provided in the act to which
this is additional, or by any such chem
ist, artist or manufacturer, shall be pro
tected against seizure and forfeitur,
under the provisions of this and of said
act, by reason of such ownership, unless
all the casks and vessels in which they
are contained shall be at all times plain
ly and conspicuously marked with the
name of such city, town, plantation,
and of its agent, or as the case may be,
with the name, residence, and business,
of every such chemist, artist, and
manufacturer. No such agent shall
have any interest in such liquors, or in
the profits Of the sales thereof. He
shall not sell any such liquors to any
minor, or servant, or apprentice, know
ing them to be such, without the writ
ten order of the parent, guardian or
master of such persons, nor to any in
temperate person, knowing him to be
such, under a penalty of twenty dollars
and costs for each offence. And if he
knowingly makes sale of any such IL
quors, for purposes not allowed by
this and said act, he shall be liable to a
penalty of twenty dollars and costs for
each offence, and be removed from of
flee, and his bond forfeited. If any
such agent shall, knowingly and wilful-
ly, with intent to prevent the same
being seized on any such warrant, or to
cause the same to be released, having
been seized on such warrant, make
claim to any such liquors, as being the
property of the city, town or plantation,
for which he is such agent, when in fact
such liquors were not the property Of
such city, town or plantation, he shall
on conviction, be sentenced to pay a fine
of one hundred dollars and costs, and
shall be removed from his office, with
forfeiture of his bond. Whenever any
such liquors shall be seized, bearing
such marks as are by this act required
to be put upon liquors, owned by cities,
towns or plantations, or by chemists,
artists or manufacturers, when such
liquors are in fact not owned by any
such chemist, artist or manufacturer,
such false and fraudulent marking,
shall be conclusive evidence that the
same are kept or deposited for unlawful
sale, and render them liable to for
feiture under the provisions of this act
The liquors kept for sale by such agent,
shall not be adulterated or Fictitious;
and if the liquors so kept are adultera-
ted or Fictitious, they shall not be pro-
tected from seizure and forfeiture by
reason of being kept for sale by such
agents.
Sec. 9. Whenever an unlawful sale
is alledged, and a delivery proved, it
shall not be necessary to prove pay
ment, but such delivery shall be suf-
fcient evidence of sale. Whenever an
unlawful sale is made by one person,
delivery by another, and payment re-
ceived by a third, each shall be liable
to the penalties of this and the said act
for the offense. A partner in business
shall be liable for the unlawful keeping
or selling of his co-partner, done in the
co-partnership business, or by any other
person, in any shop, store, or other
place of business, of such cO-partner-
Ship, with his knowledge and assent
A principal and his agent, clerk and
servant, may all be included in the
same complaint and process. The name
of the owner and the kind and quantity
of liquors to be seized need not be set
forth in the complaint and warrant,
provided the description Is sufficiently
certain to show what is intented to be
seized; the process may be amended IN
any matter legally amendable, at any
time before final judgment. ANY may
Or or alderman, selectman or assessor,
nav cause a suit to be commenced on
any bond or reeognizance given under
his or said act in which his city, town,
Or plantation is interested, and the same
shall be prosecuted to final Judgment