, 1854-04-15


and IN quantities not less than the laws Of
ths-United States prescribe, they shall be
declared forfeited, and shall be destroyed
by authority Of the written order to that
eject Of said justice 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,
q sttestipg that fact upon the back of the
order, by authority Of which it was done
and the owner. Of. keeper of such liquors
Ghall pay fpe Of fifty dollars and costs,
Sr stand committed for thirty days, in de-
anlt Of payment, il in the opinion of the
court, said liquors Shall have been kept or
deposited for the purposes Of sale. And if
the owner or possessor Of any liquors seized
idpdrslance Of this section, shall set up the
claim that they have been regularly import
Cd under the laws of the United States,
and that they are contained in the original
paekages, the custom house certificates Of
Importation, and proofs Of marks on the
eaSks Or packAges corresponding thereto,
shall not be received as conclusive evidence
that the liquors Contained In said packages,
ssAihqss Actually imported therein. II
See. IA, II the owner, keeper or pos
sessor d liquors seized snder the provisions
Of this act, shall be unknown to the officer
seiring' the same, tbey shall not be con
demned and destroyed until they shall have
been advertised, with the number and des-
aiption ofthe packages as near as may be,
Iot, .tMo week, ,by posting upA written des-
cription Of the -samein some public place,
that Il such liquors are actually the prop
eFty Of any county in the Territory, and
were 90 at the time Of the seizure, purchase
"a Tor sale by the.sgent Of said county, for
medicinal and mechanical purposes only, in
pursuance Of the provisions of this act,
they may not be destroyed; but upon sat
iaact0ry proof fsuch ownership within said
tFo weeks, before the justice or Judge by
whose authority said liquors were seized,
aid justice or Judge shall deliver to the
agent Of said county an order TO the officer
having said liquors in custody, whereupon
oaid officer shall deliver them to said agent,
taking his receipt therefor upon the back
II said order, which shall be returned to
said justice or judge. a4
Sec. Is. If any person claiming any
liquors, seized as aforesaid, shall appeal
from the Judgment Of any justice by whose
aaihofity the seizaFe was made to the dis
triet court, before his appeal shall be allow
ed, he shall give a bond in the sum of five
hundred dollars with two good and suffi-
Gent eutetleGto proseeute his appeal, and
70 pRyh al fines and. costs which may be
aNafded against him and in the case of
any such appeal, where the quantity, Of
liquors 90 seized shall exceed Ave gallons, if
Tho final decision shall be against the APP
pellnnt, that such liquors were intended by
him for sale, he shall bet adjudged by the
court. q common seller. Of intoxicating
liquors, and shall be snbject 10 the penal
ties provided for in, section eight, Of this
act, and said liquors shall DO destroyed as
provided for in section .eleven. But moth
ing contained Ia this oct shall be construed
toPfevent any chemist, artist on manufac-
tnrer in whose art or trade they may be
necessary, from, keeping at;llis place of
business such reasonable and proper, guam
tity Of Distilled liquors as he may have oe-
eaaoa 70 use in his art or trade, but not
lof sale. 1 e.1 ~. .5n ,.'i D.. Al.
Sec IA. Il shall be e-duty Of any
county commissioner, sheriff, or constable,
4 be shall have in formation that any. in
tcxicating liquors are kept or sold in any
tent, >Shanty, hut or place Of any kind for
selling refreshments in any public place on
cT near the ground Of any public show, or
eelebration Of any kind to apply to some
justice Of the peace for a search warrant
70 search such suspected place who shall
upon the proper hfidavits being made be-
fore himeforthEith issae such warrant and
deliver the same to the officer who shall
thereupon proceed to search such suspected
place, and Il, such officer shall 6nd upon the
premises any intoxicating drinks, he shall
seize them, and arrest the keeper or keep
ers otsueh place, and take them forthwith,
o. as soon as may be, before some Justice
With the liquors so found and seized, and
upon proof that said liquors are intoxiea-
ting, that they were found in possession Of
The accused, in tent. shanty or other place
q Aforesaid, he or they shall be sentenced
70 imprisonment in thecounty jail for thirty
days, and the liquors so seized shall be des-
ROyed By order of said justice. .'5 ,i "
Sec IS. If sny person arrested under
the preceding section and sentenced as
sioresaid, shah claim an appeal, before his
appeal shall be allowed, be shall give
bond IN the sum Of ave hundred dollars,
with two good and sdlicient sureties, that
he viii prosecute his appeal and pay all
Anaal1costs iand qenaltiesi EhiehsmAg be
awarded -agaiustshlHEl Aad5f on such ap-
pal the verdict Of the jury shaEibe against
him be shah in additioH' to the penalty
aSarded BY the lower court pay a fine Of
twenty dollars In all .eaSesiof appeal un-
der this act from. the judgement Of a justice
% thedistrict court except where the pro-