The Ohio organ, of the temperance reform. (Cincinnati, [Ohio]) 1853-1854, 1853-10-07


seiZing the liquors and vessels, one dol
Jar; for removing and keeping the same,
\ fiity cents and reasonable expenses for
executing and making return Of an order
to, destroy the liquors and vessels, one
dollar; all OF which fees shall be taxed
IN the costs to be paid by the defendant.
All fines, forfeitures, and penalties, under
this OF said act shall 90 TO the several
cities, towns or plantations in which the
ofenses are committed, for the use and
benefit Of the poor. If the offense is
committed, or trial had in plantation
organized i0r election purposes, the fines
forfeitures and penalties shall go to the
plantation for the use Of schools.
SEC. II. No warrant shall issue for
the search Of any dwelling house in
which or a paft of which shop is not
kept, or other place is not kept for the
sale Of such liquors, unless itshall first
be shown 10 the magistrate before a war
rant is issued for such search, by the
Testimony of Witnesses upon oath, that
| there is reasonable ground for believing
that such liquors are kept or deposited in
such dwelling house or appurtenances,
intended for unlawful sale IN such dwell
Eipg houses or elsewhere, which testi-
mony the magistrate snail. reduce TO
writing, and cause to be signed and veri-
fed by oath orsafirmation Of such. wit
nesses, and upon such testimony so
produced and verified, he may, upon
complaint of three persons competent to
n be witnesses in civil suits, resident in the
county, issue his warrant in like manner
and form as is provided in the first sec
tion Of this act, commanding the officer
ito search such dwelling house and its
appurtenances, and if any such liquors
are found therein to seize the same,
together with the vessels ia which they
are contained, and also to- arrest the
owner or keeper thereof, if named in
said complaint, aud the subsequent pro-
\ ceedipgs shall be conformable to the
\ Requirements Of the first section, or
4 second section OF this act, as the case
may be. And any of the said Witnesses
/ who shall be convicted of giving false
testimony, knowingly and wilfully, i'll the
statements so subscribed and verified,
shall be punished therefor by imprison-
I ment IN the state prison for the term Of
4 two years. The finding of such liquors,
2 upon such search in dwelling house,
4 shall not of itself be evidence that they
are kept or deposited therein intended for
4 unlawful sale. A
I SEC. ~. Any person hereafter found
intoxicated in any Of the streets Of high
ways, or being intoxicated in his own
house, or any other building or place,
who shall become quarelsome, or in any
way disturb the public peace, or that Of
his own or any other family, SO as to
render il necessary for the police or
n peace officers to interfere, may be taken
into custody by any sheriff, deputy
sheriff, constable, marshal, deputy mar
| shal, police officer or watchman, and
\ committed to the watch=house or re-
strained in some suitable place till COM
4 plant be made and warrant issued in due
| form on which he may be arrested and
tried, and if found guilty of being Sc
intoxicated in the streets or highways,
or of being intoxicated in'his own house
4 or any other building, and becoming
\ quarrelsome and disturbing the public
peace, or that Of his own or any other
family, he shall be punishedby imprison-
mept in the common jail for thirty days 4;
but said Judge or justice may remit any
portion Of said punishment, and order
the prisoner to be discharged, whenever
he shall become satisfied that the objects
of this law and the1good of theEpublic
and Of the prisoner would be advanced
thereby. And case Of appeal from in
such sentence the same shall be granted
as provided in the fifth section of this
act, and On recognizance as therein re-
qured
SEC. 1S. 70 all cases under this OF
said act in which the punishment on
the first conviction is a fine Of twenty
dollars and costs and commitment until
4 paid. for the second convictionit shall be
jEa fine of twenty dollars and costs and
thirty days Imprisonment; for the thirt
II shall be fine Of twenty dollars and
Il costs and sixty DAYS Imprisonment and