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

Sec. /. If three persons who are COM
petent to be witnesses in civil suits, resi-
dent within the county within which the
complaint shall be made, shall make
com plant upon oath or affirmation be-
fore any Judge of municipal or police
court, or justice of the peace, that they
have reason TO believe, and do believe,
that spirituous and intoxicating liquors
are kept or deposited in any building or
place, other than dwelling house, no
part of which is used as shop, or for
purposes of traffic, by person or per-
sons named in said complaint, or person
or persons unknown, not authorized by
law to sell the same, within the city,
town or plantation where they are al
lodged to be so kept or deposited; and
that said liquors are intended for sale
within this State, in violation of law,
such magistrate shall issue his warrant,
directed to any sheriff, deputy sheriff,
marshal, deputy marshal, constable or
police officer, having power to serve
such process, commanding such officer
to search the premises described in said
complaint, which premises shall also be
described in said warrant; also to search
any yard or building, other than such
dwelling house, adjoining the premises
described in said warrant, if occupied
by the same person occupying the premi
ses described in said warrant; and if any
spirituous or intoxicating liquors are
there found, to seize the same, with the
vessels in which they may be contained,
and to convey them to some proper
place of security, to be there kept until
final action upon such complaint. And
the officer having such warrant shall be
authorized by virtue thereof to make
the search directed by such warrant to
be made, and to seize and dispose of any
such liquors as hereinbefore is provided.
And such officer shall in his return on
such warrant, designate and describe
the liquors by him so seized, and the
vessels in which they are contained,
with reasonable certainty. And if the
name of the person or persons by whom
such liquors are alledged to be so kept
or deposited, shall be stated in said COM
plant, if he find such liquors the officer
shall be commanded in and by said war
rant, to arrest such person or persons,
and have them forthwith before the
judge or justice by whom such warrant
was issued, to answer to said complaint,
and show cause why said liquors should
not be forfeited. And such person so
arrested and brought before such Judge
or justice may plead not guilty to such
complaint, and may show in defense
thereto that said liquors were not inten-
ded for sale contrary to law, or that
they were imported under the laws of
the United States, and in accordance
Herewith; 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 prescribe.
But custom house certificates of impor-
tation, and proof of marks on the casks
and packages corresponding thereto,
shall not be received as evidence that the
Identical liquors contained IN such pack
ages and casks were actually imported
therein. And if, upon the trial, neither
of the said grounds of defense shall be
established, and if, in the opinion of the
court, upon evidence produced, said II
quors were kept or deposited by such per-
son or persons for purposes of sale con-
trary to law, such person or persons be-
ing found guilty, shall each be punished
by fine of twenty dollars and costs,
and shall be imprisoned thirty days in
default of payment thereof. And the IL
quors so seized, with the vessels in
which they are contained, shall be de-
clared forfeited; and such adjudication
shall be a bar to any claim for the re-
covery of the same, or the value there
of. and they shall, on the written order
of said Judge or justice, be Destroyed
And the officer to whom such order is
directed, shall make return thereon Of
his doings in the premises. If, howev-
er, upon trial, the judge or justice shall
find the person or persons so charged in