The Ohio organ, of the temperance reform. (Cincinnati, [Ohio]) 1853-1854, 1853-01-21

search to any sheriff, city marshal, or
deputy, or TO any constable, who shall
proceed to search the premises described
in said warrant, and if any spirituous OF
intoxicating liquors are found therein, he
shall seize the same, and convey them to
some proper place Of security, where he
shall keep them until final action is held
thereon. But no dwelling house in
which or in part Of which shop is not
kept, shall be searched, unless at least
one of said complainants shall testify to
some act of sale Of intoxicating liquors
therein, by the occupant thereof, or by
his consent or permission within at least
one month of the time of making said
complaint. And the owner or keeper Of
said liquors seized as aforesaid, ifhe shall
be known TO the officer seizing the same,
shall be summoned forthwith before the
justice or judge by whose warrant the
liquors were seized, and if he fails to APP
pear, or unless he can show BY positive
proof, that they are of foreign produc-
ton, that they have been imported under
the laws of the United States, and in ac-
cordance therewith--that they are con-
tained IN the original packages in which
they were imported, and in quantities not
less than the laws Of the United States
prescribe, they shall be declared forfeited,
and shall be destroyed by authority of the
written order to that effect of said JUS
tice or Judge, and in his presence, or in
the presence of some person appointed
by him to witness the destruction thereof,
and who shall join with the officer by
whom they shall have been destroyed, in
attesting that fact upon the back of the
order, by authority of which it was done;
and the owner or keeper shall pay fine
of twenty dollars and costs, or stand
committed for thirty days, in default of
payment, if, in the opinion of the court,
said liquors shall have been kept or de-
posted for the purpose of sale. And ifthe
owner or possessor of any liquors seized
in pursuance of this section, shall set up
the claim that they have been regularly
imported under the laws of the United
States, and they are contained in the
original packages, the custom-house cer-
ti6cate of importation and proof of marks
on the casks or packages corresponding
thereto, shall not be received as evidence
that the liquors contained in said pack
ages are actually imported therein.
Sec. IL. If the owner, keeper, or pos
SCISSOR of liquor seized under the provi-
sions of this act, shall be unknown to
the officers seizing the same, they shall
not be condemned and destroyed until
they shall have been advertised, with the
number and description of the packages
as near as may be, for two weeks, by
posting up a written description of the
same in some public place, that if such
liquors are actually the property of any
city or town in the state, and were SO at
the time of the seizure, purchased for
sale by the agent of said city or town,
for medical and mechanical purposes
only, in pursuance of the provisions Of
this act, they may not be destroyed ;
but upon satisfactory proof of such
ownership, within said two weeks, before
the justice or Judge by whose authority
said liquors were seized, and justice or
Judge shall deliver to the agent of said
city or town an order to the officer hav-
ing said liquors in custody, whereupon
said officer shall deliver them 10 said
agent, taking his receipt therefor upon
the back of said order, which shall be
returned to said justice or judge.
Sec. l3. If any person claiming any
liquors, seized as aforesaid, shall appeal
from the judgment of any justice or Judge
by whose authority the seizure was made
to the district court, before his appeal
shall be allowed, he shall give bond in
the sum of two hundred dollars, with
two good and sufficient sureties to pros
ecute his appeal, and to pay all fines and
costs which may be awarded against
him, and in case of any such appeal,
where the quantity of liquors SO seized
shall exceed five gallons, if the final de-
cision shall be against the appellant,