Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-09-03

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dollars, with two good and sufficient surelies
10 prosecute bis appeal, and to pay all fines
aud costs which may be awarded against him
and in the case of any such appeal, where the
quantity Of liquors so seized shall exceed five
gallons, if the final decision shall be against
the appellant that such liquors were intended
by him for sale, be shall be adjudged by the
court common seller Of intoxicating liquors
and shall be subject TO the penalties proyi.
ded for in section eleven. But nothing con-
tanned in this act shall be construed to prevent
any chemist artist or manufacturer in whose
art or trade they may be necessary, from
keeping at his place OF business such reasona-
bic and proper quantity Of distilled liquors, as
he may have occasion to use in bis art or trade
but not for sale.
Sec II. 1t shall be the duty of any mayor,
alderman, selectmar assessor, city marshal! or
deputy or constable, if hc shall have informa.
ton that any intoxicating liquors are kept or
sold in any tent, shanty, hut or place of any
kind for selling refreshments in any public
place, on Or near the ground of any cattle show
agricultural exhibition military muster, or pub
lie occasion of any kind, TO sealch such suspec-
| ted place, and if such officer shall find upon
the premises any intoxiCrling drinks, he shall
seize them, and arrest the keeper or keepers
OF such place, and take them forthwith, 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 Intoxicating that they were found
IN possession OF the accused in tent, shantv
or other place as aforesaid, he or they shall
be sentenenccd to imprisonment in the coun-
ty Jail for thirty days, and the liquor so seized
shall be destroyed by order Of the 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 dollars, with two good and sulfi-
cient sureties, that be will prosecute his APP
peal pay all fines, costs and penalties which
may be awarded against him. And if on
such an apl cal the verdict of the jury be a.
galnst him, he shall in addition to the penalty
award by the lower court pay fine of TWEEN.
" dollars In all cases OF appeal under this
act from the Judgment of justice or judge of
any municipal or police court, TO the district
court except where the proceeding is by ac-
ton OF debt they shall be conducted i'll said
district court by the prosecuting officer of the
T, gOvenment-aud SAID officer shall be entitled
TO receive all costs taxable 10 the State in al
criminal proceedings under this act in addition
to the salary allowed 10 such officer by law
5 but no costs in such case shall be remitted
= or reduced by the prosecuting officer or the
; court. In any suit, complaint, indictment or
! other proceeding against any person for vio-
|, ation Of the provisions of this act, other than
Tor the FIRST otfcnte il shall not be requisite to
: set forth particularly the record Of IA former
! conviction but it shall be sufficient to aedge
briefly that such person has been convicted
Of q violation Of the fourth section Of this act
e or as a common seller, as the may be-,
7 and such allegation in any civil or criminal
i process in any stage Of the proceedings before
hGal Judgment, may be amended without
: terms and nl a matter Of right,
: Sec. rs. All payments or compensation for
d liquor sold in violation Of law, without cunsd-
t e:ation, and against law, equity and good
: conscience, and all sales transfers and convey
ances, mortgages, liens, attachments, pledges
Is and securities Of every kind, which either in
II whole or in part shall have been for on ac-
}, count Of spiriuous Or Intoxicating liquors shall
d be utterly null and void against all persons
& and in all eases, and 10 rights of any kind
e shall be acquired thereby; and in an action
-iNhbi Nt law VI '4'11 'SN~A''''ES S"NH IC'tl VI
! personal estate, the purchaser Of such liquors
g may be witness for either party. And no
Ia action Of any kind shall be maintained in amy
e cour! in this State, either in whole or in Iart
c' for intoxicating or slrituous liquors sold in
it any other State or country whatever, nor
S shall any action be bad or maintained in any
Of court in this State, for the recovery or possess
II sion OF Intoxicating sprituous liquors, or The
&c value thereof.
'e Sec H. All the provisions of this ct rcla-
S ting to towns shall be applicable to cities and
is plantations; and those relating TO selectman
SIS shall also be applied to the mayor and alder
rs men Of cities and assessors f plantations.
N Sec. Is. The act entitled IAN act to restrict
es the sale af Intoxicating drinks" approved Au-
le gust sixth one thousand eight hu ndrcd and
n torty-six, is hereby relealed except the thir-
SIS teen sections from section ten to section twen-
e ty-two inclusive, saving or reseryng all ac-
De tions or other proceedings which are already
er commenced by authority the same and all
IN other acts and parts Of acts inconsistent with
IN this act are hereby repealed-This act to
IN take effect from and after its approval by the
~ the Governor
II (Approved June 2, ls5l.)
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