Litchfield enquirer. [volume] (Litchfield, Conn.) 1829-current, 1853-08-18

Sec. 3. Every psFson who ehall be- % we.
Iaiion ~ this aei, manufacturer % common
seller Of spigilnous o. Intoxicating iaaOF shall
pay on ViSe lrsl cOnViciiOa, q dne Of one han
5sed dollars and the cost Of prosecuIisn--and
in default Of payment thereof shall be imfsi.'
Oued sixty days in the common SaIl. On his
second conviction he shall pay a hne OF two
hundred dollars and the cost Of prosecution :
aud in default Of payment thereof shall 10
imprisoned four months in the common iaiI-
aud on every subsequent conviction he shall
pay line Of two hundred dollars, and be i'm.
pFisoned four months "a the common JAIL
All complaints under this section saall be Iirst
brought before q justice Of the peace, who
shall thsrcupOn proceed according to section
AS Of the oct entitled, Gan Act concerning
Crimes and Puaishments,'' page 254 Of the
Revised Statutes and any cOgnizance given
BY the accused, upon being bound over, shall
be IN sam not less than twice the amount OF
the kDe herein provided for the offence with
which he may stand charged.
Sec.0. If any three persona, voters in the
iowa where the complaint shall be made.
shall, before any Justice Of the peace, make
complaint under oath or sfEirmaiion, that they
have reason 10 believe, and do believe that
spirituous or intoxicating liquor is kept or de-
posted, and intended for sale, by any person
not authorized TO sell the same in said town,
under the provisions Of this act, in any store,
shop, tent. structure or warehouse-0r in any
steamboat or other vessel-or in any vehicle
Of any kind-or in any building or place in
said town, said justice Of the peace shall is.
sue his warrant Of search, directed to the
sheriff Of the county, his deputy or either con.
stable Of said town, which said warrant shall
describe the place 10 be searched, and the ar
ticle 10 be seized, as nearly as may be where.
upon the sheriff or ans 6f his deputies, or
any constable Of said town to whom said war.
rant may be delivered, shall forthwith search
the premises described in said warrant; and
Il any sPirituOus or intoxicating liquor be
found therein, he shall seize the same and
convey II to some proper place Of security,
where he shall keep it until final action be
had thereon. Blu; no dwelling house shalt be
unless at least one Of said complai
aants shall testify to some act Of sale Of in>
toxicating liquors therein, or in some shop
ihereins or connected Herewith, by the occu-
pant, or by his consent or permission, within
at least one month Of the time Of the making
Of said complaint. And the owner OF keeper
OF said liquor seized as aforesaid-if he be
known to the officer Selling the same, shall
be brought forthwith, IN name. provided in
section tenth, before the justice by whose war.
rant the liquor was seized and if it be proved
that said liquor was intended for sale, and not
OF foreign production, imported under the
laws Of the United Suites, and in accordance
herewith, aud coniainedin the original pack
ages in which il was imported, and in quaint.
ties not less than the laws Of the United
States prescribed il shall be declared f1rfeiI-
ed, and shall be destroyed by authority Of the
written order to that effect, Of said llustice Of
the peace. and in his presence, Grin the pres
ance Of some persons appointed by him, to
witness the destruction thereof. And such
person shall Join with the officer by whom
said liquor shall have been destroyed, in at
testing that fact on the back OF said order
and'in no case arising under this act, shall
custom house certificates Of importation, and
proofs Of marks on the casks and packages
thereto, be received as conclu.
siyc evidence that the liquor con aimed in said
casks or packages was actually imported
therein.
Sec. 10. The owner or keeper Of the liquor,
seized 40 aforesaid, IL known as aforesaid,
shall upon proper complaint and warrant, he
brought to trial before the justice by whose
order said liquor may have been seized, ana
IL he be found guilty Of having kept said liz
uor for the purposes Of sale not authorized
by this act, he shall pay fine Of twenty dol.
lars and cost Of prosecution, and IN default Of
payment stand committed fortilir'y days.
Sec. II. If any person complained Of un-
der section tenth shall appeal fiom Judgment
rendered against him on such complaint, his
appeal shall not be allowed until he shall give
D bond Of recognizance, with good and sufi-
rient surety to the treasurer Of the county
wherein said Judgment is rendered, in such
IN amoant as the court shall order, condition
ed FOR his appearance before the county court,
(next to be holden in said county, t. answ er
10 the complaint wherein said Judgment has
been rendered, and for his abiding the judy
Tncnt that may be rendered by said court Ia
case such appeal be made, said liquor so seiz
ed shall not be destroyed un.,l after such con.
victor, whereupon such liquor shalt be de-
siroyed in the manner provided for in section
ninth; and in each case Of acquiiai, the liquor
or liquors that may have been seized she'll be
returned, by the officer having charge Of the
same, TO the place from whence it was taken.
Sec. IL. IL the owner or keeper Of liquor
seized as aforesaid DO not certainly known TO
the officer sezins the same, II Oh II not be
and destroyed until il shall have
been advertised, with tho number and descrip.
ton u lie packages as near as may be, for
four weeks. by the posting up OF a written
description Of the came on the sign posts OF
the town whsre seized. that if such liquor 10
actually the property Of any town 10 the State,
and was 90 at the time Of the seizure, having
been purchased BY an agent Of said town for
lawful sale, pursuant TO this oct, It may not
he destroyed and upon satisfactory proof Of
such ownership within said four weeks before
the justice BY whose authority il was seized,
said justice shal: deliver TO the agent Of said
town an order 10 the officer having said LIQUOR
IN custody. whereupon said officer shalt del,v-
er up said liquor TO said agent, taking his re.
cespt therefor upon the back Of said order,
which shall be returned TO said justice. But
NO claimant Of said liquor shall appear
within said four weeks, il shall be immediate.
" on the expiration Of that time destroyed in
the manner provided in section ninth.
Sec. -. Nothing in sections 8, 10, n and
-. shall be construed to prevent any chemist,
artist or manufacturer, in whose art or trade
they may be necessary, from keeping at HE