The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-07-01

4
in this section shall not be given within twenty -four hours
after the Judgment the appeal shall not be allowed; the
defendant in the mean time, to stand committed
SEC The mayor and aldermen Of any city, and the Sc
ectmen Of any town. whenever complaint shall be made TO
them that breach of the conditions of the bond given by
apy person appointed under this has been committed
shall notify the person complained of; and it, upon hear
ing of the parties it shall appear that any breach has been
committed they shall revoke and make void the appoint
ment And whenever any breach of any bond given TO
the inhabitants OF any city town In pursuance OF any
of the provisions Of this act shall be made known TO The
and aldermen Selecmen shall IN any manner
come their knowledge they, of them SHALL at
the expense and for the 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 intoxicating liquor common seller
thereof without being duly appointed aforesaid pain
of orieiting the first conviction the of one hun
bred dollars and costs OF prosecutions and IN default OF
the thereof the person so convicted shall be inn
prisoned sixty days in the common Jail and the
ond conviction the person convicted shall the
of two hundred dollars and Of prosecution and in
default of payment shall be imprisoned four months in the
common Jail and the third and every subsequent
yction shall pay the of two hundred dollars, and
shall be imprisoned four months in the Jail of the
county where the offence committed said penalties to
be before any court of competent jurisdiction
by indictment by action of debt in the of the city
or town where the offence shall be committed And when
ever default shall be had of any recognizanee arising
under this act acias shall be issued returnable at
the next term and the shall not be continued unless
for good cause satisfactory to the court.
SEC o. No person engaged in THE unlawful traffic in in
toxicatng liquors shall be competent to sit upon any jury
in any arising under this act and when information
shall be communicated to the court that any member OF
any panel is engaged in such traffic that he is believed
be engaged the court shall inquire of the juryman of
whom such belief is entertained and answer which he
shall make shall be used against him in arising
under this but if he shall answer falsely he shall be in
capable of serving any jury in this State but he may
decline to answer in which he shall be discharged by
the court from all further attendance juryman.
SEC TO- All cases arising under this act whether by ac-
ton, indictment, complaint which shall come before
superior court either by appeal original entry, shall
those criminal in which the parties actually under
arrest awaiting trial and the court and prosecuting Off
Ger shall not have authority TO enter noe prosequ to
grant continuance in any case arising under this act
either before or after the verdict except where the pur-
poses of Justice shall require it.
SEC H. If any three persons voters in the town city
where the complaint shall be made SHALL before justice
of the peace judge of any municipal or police court
make complaint under oath affirmation that they have
reason TO believe and do believe that spirituous ntoxi
eating liquors kept deposited and intended for sale
by any person not authorized to sell the in said city
or town under the provisions of this act any store shop
warehouse or other building or place in said city or
town, said justice judge shall issue his warrant of
search to any sheriff, city marshal deputy, to
constable who shall proceed to search the prem
Uses described in said warrant and if any spirituous
intoxicating liquors found therein he shall seize
the and convey them to proper place of security
where he shall keep them until final action is had thereon
But no dwaingho in which, in part of which,
shop not kept shall be searched unless at least
said compliments shall testify of sale of ntox
eating liquors therein by the occupant thereof by his
consent PERMISSION within at least month OF the
time Of making said complaint And the keeper
of said liquors. seized aforesaid if he shall be known
the officer sezng the same, shall be summoned forthwith
before the justice Judge by whose warrant the liquors
seized and if he fails to appear unless he show
by positive proof that said liquors of foreign produc
on that they have been imported under the laws of the
United States and in accordance Herewith that they
contained in the original packages in which they i'm
ported and in quantities not less than the laws of the Uni
ted States prescribe they shall be declared forfeited and
shall be destroyed by authority of the written order that
effect of said justice judge and in his presence in the
h,h
destruction thereof and who shall join with the officer by
whom they have been destroyed in atesng that fact upon
the back of the order by authority of which it done
and the or keeper of such liquors shall pay fine of
twenty dollars and costs or stand committed for thirty
days in default Of payment if in the opinion of the
said liquors shall have been kept or deposited for the pur
poses of sale And If the possessor of 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 that they contained in the org
nal packages the customhouse certificates of Importation
and proofs of marks the casks packages correspond
ing thereto, shall not be received evidence that the
liquors contained in said packages those actually i'm
ported therein
SEC H. If the owner keeper possessor of liquors
seized under the provisions of this act shall be unknown
to the officer sezng the they shall be condemned
and destroyed until they shall have been advertised with
the number and description of the packages may
be- for two weeks by posting up written description Of
the in public place. that if such liquors ac
uay the property of city town in the State and
were at the time of the seizure purchased for sale by the
agent Of said city or town for medicinal and mechanical
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 seized said
justice or judge shall deliver to the agent of said city
town an order to the officer having said liquors in custody
whereupon said officer shall deliver them said agent
taking his receipt therefor upon the back of said order
which shall be returned to said justice or judge.
SEC 10. If any person claiming any liquors seized as
aforesaid shall appeal from the Judgment of any Justice
judge by whose authority the seizure made the dis
rct court before his appeal shall he allowed he shall give
bond IN the sum of two hundred dollars with two good
ana sufficient sretes to prosecute his appeal and pay
all hnes and costs which may be awarded against him and
IN the case OF any such appeal where the quantity of
liquors seized shall exceed five gallons if the final de-
cision shall be against the appellant that such liquors
were intended by him for sale he shall be adudged by the
court common seller of intoxicating liquors. and shall be
subject to the penalties provided for in section eight Of this
act and said liquor shall be destroyed provided for
section eleven. But nothing contained in this shall be
construed to prevent any chemist artist manufacturer
in whose art trade they may be necessary from keeping
at his place of business such reasonable and proper quan
V OF distilled liquors he have occasion in his
art or trade, but not for sale
SEC. IA 1t shall be the duty Of any mayor alderman
sclcctman assessor city marshal deputy or constable
The shall have information that any intoxicating liquors
are Kept or sold in any tent shany hut place of any
kind for selling refreshments in any public place ON or
near the ground of any cattle show agricultural exhibit
ton military MUSTER public occasion of any kind to
search such suspected place and if such officer shall find
upon the premises any intoxicating drinks he shall seize
the and arrest the keeper keepers place and
take them forthwith or as be before some us
ce or judge of municipal police court with the LIQUORS
found and SEIZED and upon proof that said liquors are
intoxicating that they found in the possession the
accused IN tent shanty other place aforesaid he
they shall be sentenced to Imprisonment in the county Jail
for thirty days and the liquors seized shall be destroyed