The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-08-17

SEC. Z. The Mayor and Aldermen of
any city, and the selectmen oil any town,
whenever complaint shall be made to them
that a breach of the conditions of the bond
given by any person appointed under this
act, has been committed, shall notify the
person complained of, and if upon near
ing of the parties it shall appear that any
breach has been committed, they shall re-
woke and make void his appointment.
And whenever breach OF any bond given
to the inhabitants Of any city or town. in
pursuance of any Of the provisions of this
act shall be made known to the Mayor
and Aldermen, or Selectmen. or shall in
any manner come to their knowledge,
they, or some one Of them shall, at the
expense and for the use of said city or
town, cause the bond to be put in suit in
any court proper to try the same.
SEC. g. No person shall be allowed to
be manufacturer Of any spirtuous or in
toxicating liquor, or common seller thereof,
without being duly appointed as aforesaid,
on pain of forfeiting on the first convic-
ton, the sum of one hundred dollars and
costs of prosecution, and in the default of
the payment thereof, the person so con.
victed shall be imprisoned sixty days in
the common Jail; and on the second con-
viction, the person so convicted shall pay
the sum Of two hundred dollars and costs
of prosecution, and in default Of payment.
shall be imprisoned four months in the
common Jail; and on the third and every
subsequent conviction, shall pay the sum
Of two hundred dollars and shall be i'm.
prisoned four months in the common Jail
Of the county where the offence was com.
mittcd; said penalties to be recovered be-
fore any court of competent jurisdiction.
by indictment, or by action OF debt in the
name of the city or town where the offence
shall be committed. And whenever de.
fault shall be had ol any recognizance
arising under this act. scrc iacias shall be
issued, returnable at the next term, and
the same shall not be continued. unless
for good cause satisfactory to the court.
Sec. 8. No person engaged in the un-
lawful traffic in intoxicating liquors shall
be competent 10 sit upon any jury in any
case arising from this act; and when in
formation shall be communicated TO the
court. that any member oil any panel is
engaged in such traffic, or that he is be-
lieved TO be so engaged. the court shall
require Of the juryman Of whom such be-
lief is ENTERTAINERS; and no answer which
he shall make shall be used against him
in any case arising under this act; but il
he shall answer falsely, he shall be inca.
pable Of serving on any jury in this State.
but he may decline TO answer, in which
case he shall be discharged by the court
from all further attendance as juryman.
Sec. 10. All cases arising under this
act. whether by action, indictment, or COM
plant, which shall come before superior
court, either by appeal or original entry
shall take precedence in said court OF all
other business, except those criminal cases
in which The parties are actually under ar
rest awaiting trial; and the court and the
prosecuting officer shall no, have auihori
~ TO enter nole proseqni. OF 10 grant n
continuance in any CASE arising under
this act, either before or after the verdict
except where the purposes Of Justice shall
require il.
Sec. II. Ifthree persons. voters in tho
town or city where the complaint shall be
made, shall before any justice Of the peace
or judge of any municipal or police court.
make complaint under oath or affirmation.
that they have reason TO believe and do
believe that spirituous or intoxicating IL
quors are kept or deposited, and intended
for sale by any person not authorized TO
sell the same in said city or town under
the provisions Of this act, in any store.
shop, warehouse or other building, or place
in said city or town, said Judge shall issue
1c .b nit
marshall or deputy, or to any constable.
who shall proceed to search the premises
described in said warrant. and if any spir-
iiuous or intoxicating liquors are found
therein, he shall seize the same, and con-
vey 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 a shop is not
kept, shall be searched, unless at least one
Of said compainants shall testify to some
act of sale OF intoxicating liquors therein.
by the occupant thereof, 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, if he shall be known 10 the
officer seizing the same, shall be summon
ed forthwith before the justice or judge by
whose warrantthe liquors were seized, and
| if he fails to appear, unless he can show
by positive proof. that they are of foreign
production, that they have been imported
under the laws Of the United States, and
| in accordance therewith-that they are
contained in the original packages in
which they were imported. and in quanti-
ties no less than the laws OF the United
States prescribe, they shall be declared
forfeited, and shall be destroyed by author
/ ity OF the written order TO that effect of said
justice or judge. end 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 buck of the or
der, by authority Of which it was done; and
the owner or keeper shall pay fine o
twenty dollars and costs, or stand com.
mitted for thirty days in default of pay
meni, if in the opinion of the court, said
LIQUORS shall have been kept or deposited
for the purpose OF sale. And if the owner
or possessor OF any liquors seized in pur