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


v,l d, paTt Of any person for the said liquors
end the vessels in which they are con-
tained, Of tor the taking and detention OIL
Ger me same. And if the said owner OF
"a keeper when arrested upon such warrant
and tried for the ohense charged in said
.'gisn complaint, shall not establish either Of
aseuln, the grounds of defense stated in the pre-
ceding section, and shall be found guilty
OF having said liquors, or any part there.
f iR Of, kept OF deposited as aforesaid for
~g8 aunlawful sale on the day aforesaid, or
prior thereto, he shall be punished by a.
fne OF twenty dollars and costs, and al
the discretion of the Judge or Justice with
~ the costs of the original proceedings in
which said liquors were seized, and be
imprisoned thirty days in default of the
'H payment thereof, and the liquors, so as
al aforesaid seized and claimed, shall be
adludicated upon and disposed of, to-
gether with the vessels in which the same
are contained as is provided in the pre-
cedipg sections of this act; and such.
adjudication shall be bar as is therein
provided '9 i.''-
70 ". SEC. 8. If any officer having war
so rant issued under this act, committed to-
him directing him to seize any such
liquors and to arrest the owner or keeper
# thereof, shall be prevented from seizing
ava the liquors by their being poured out or
otherwise destroyed, he shall arrest the
owner or keeper and bring him before
the magistrate, and he shall make return
~ upon the warrant that he was prevented
from seizing the liquors by their being
poured out Or otherwise destroyed, as the
as,F case may be-, and in his return he shall
state the quantity SO poured out or de-
stroyed as nearly as may be, and the
magistrate shall putthe owner or keeper
rEt SO arrested upon trial; /; and if on the trial,
it shall appear by competent testimony
that such liquors so poured out or destroy
t~y ed, and that the liquors so poured out or
as DESTROYED were such as were descrlbedin
the warrant, and that they were so kept or
deposited intended for unlawful sale, and
gagr ifihe person so arrested shall be found 10
be the owner or keeper thereof, he shall
be fined and sentenced in the same
bCa manner he would be if the liquors de-
e3ae IscEibed in the wanant and in the re,
turn had been seized on the warrant and
ENh brought before the magistrate by the
officer. IsaG 1865 gg
SEC. 4. III any person shall appea
from any sentence Of such Judge or jus
Hv tice, as set forth in the preceding section
va the Judge Oh Justice shall grant his appeal
and order him to recognize in the sum o.
n@ two hundred dollars with sufficient sure
ri svgties for his appearance and for prosecu.
- ting. his appeal, and he shall stand COM
y" rnitted till the order is complied with
~ And the Judge or justice whose judgment
tu.-f is appealed from shall furnish tull copy
Of all the papers and proceedings in the
@fh case at the expense Of the appellant
sGt HeA And ifjudgment is rendered against the
appellant in the appellate court, he shall
be punished and the liquors seized, with
13' ga the vessels in which they are contained,
~ ~ shall be dealt with, and disposed OF, as
Ia before is provided. And if said appel
liant shall fail TO appear and prosecute
Cd his appeal, or TO abide and perform the
nj order and judgment OF the appellate
court, the recognizance shall be forfeited
and the liquor shall be disposed OF as
~ aforesaid by order of said court.
. .,er SEC. s.. 1t shall be the duty Of any
mayor, alderman, selectman, assessor,
city marshal, or deputy, or constable, or
2a police officer if he shall have intorma-
s7 tion that any Intoxicating liquors are kept
or sold in any tent, shanty, hut, or place
of any kind for selling refreshments IN
.r75 any public place, ornear the ground Of
.4s any Camp-meeting, cattle-show, agrcuCl'
tufal exhibition, military muster or public
" occasion of any kind, and shall believe
-ew said information to.be true, forthwith to
g. enter complaint, before some Judge Of
municipal or police court or justice Of
Hat the peace, against the keeper or keepers
of such place, alleging in said com,
plant that.he has reason to believe, and
- ~ does believe, that such liquors are SO
-. kept il such place describing the sarle)
by such keeper or keepers, contrary to
s4isae law Apd Upon such complaint the said