Litchfield enquirer., 1854-07-06

3ense he shall pay fine Of one hundred dot lars ant the cost of prosecution, and shhll be
 imRsispHed in the comman jailnOf less than three months nor more than siA monthss Ev- cry prosecution under this section f0F . lifst or second OfIensa. dhall be heard and drt6fIlk- ined by Justice ofthe Peace and every pro- secution for eubsequeni offence shall De lirst brought before Justice of the Peace, Nhh shall lGeFeupon proceed according to oeeclion
 l4e of tho Act entitled nAn Act concerning Crimes and Panishments," page a54 of the
 Revised Statutes. And upon the trial Of ey-
 cry complaint for the violation of this or Of the
 9th section of this Act, proof of the finding oi
 the liquor specified in the complaint. in the
 possession of the accused, in any place excefl
 his private dwelling house or its dependencies,
 tor in such dwelling house or dependencies | the same be tavern, public eaiing hoEs6. grocery, or other place of public resort, J ehaIi be received and acted upon by the Court as presumptive evidence, that such liquor was kept or held for sale, contrary to the provisions of this Act.
 Sec. 10. Any person may appeal from k. nal iudg gmsnt rendered against him by Jus. tice ofihe Peace for first or second offease, under section or section 9, to the County Court next to be holden in the county where in said judgment may have been rendered |: provided, that upon such appeal he shall givea bond of recognizance with good and sufficient snrety, to the Treasurer of sad county in such an amount as said justice shall order, condi. tioned for his appearance before said County Court tO answer to the complaint whereon said judgment has been rendered. and for his abi diug the judgment that may be rendered there oa by said County Court.
 Sec. II. All spirltuous or intoxicating liquor and all mixed liquor of which pert i'd spirit uous or intoxicating, intended by the owner or keeper thereof to be sold, in violation Of this Att, shalt,s with the vessels in which tt is contained, be deemed nuisance, and shall, with said vessels be forfeited to the Town wherein it Is kept.
 Sec. IS. lfany three persons of good moral character, residents in sny town, being of full age, shall before | Justice of the Peace in the same town make written complaint, that any spirtituOus or Intoxicating liquor, or any mix. ed liquor of which part is spirituous or in. toxicating, described as nearly as may be ip said complaint, is in said town, in any place, described as nearly as may be in said com. plaint, owned or kept by any person describ- ed as nearly as may be m said complaint, and is intended by him 10 be sold, in violation of this aci; and if said complainahts shall, before said Justice make oath or affirmation that they have reas0n to believe and do believe to be substantially true, the allegations in such com plaint said Jnsiice shall lupon finding proba- ble cause for said cUu1p.aini) issue his warrant of sesrch, directed 10 the Sheriff of the cotfniy his Deputy or either Constable of said town, describing as nearly as may be,he liquor and tha place described in said complaint, and.she person described in said complaint as the own, CT or keeper Of said liquor, and commanding said officer to search thoroughly tho said place 10 seize tho said liquor, with the vessels con- taining it, and to keep the same securely until final action be had thereon whereupon said Sheriff. or any of his Deputies, or any cons.a.l ble of said town to whom said variant shall be delivered, shall forthwith obey so far as he can, the commands of said warrant, and make, return of his doings to said Justice, and shalt securely keep all liquors 60 seized by him, and the vcssels containing it, until 6nal action be had thereon prouided, howeter, that ]: the place 10 be searched be dwelling house in which any family resides, and in which nB tavern, eating house, grocery or other place of public resort is kept, such variant shall not be issued unless one, at least, of said com. plainanis shall; on oath or affirmation, before said Justice, declare that he has reason to be- .lieve, and does believe, that within one month Eexi before the making of said complaint, ,spir. ituous or Intoxicating liquoT,or mixed liquor Of which part is spiTituous or intoxicating, has been in violation of this Act sold n said house 0f in sotse dependency thereof, by the person accused in said complaint. or by his consent or pefmissioi, nor unless from the facts and circumstances disclosed by such compiainantA 10 said Jasiice, said Justice shall be of opin ion that said complainant has adequate req. sons for such belief.
 Sec. 13. Whenever uPo1 snch warrant such liquor shall have been seized, the Justice issus ing said warrant shall within forfy-eight hours after such seizure. caused to be poslea upon . pubic sign post in said town and to De left at the place where said liquor was seized, If said rlace be dwelling house, store or shop. and to be left with or ai the last usual abode oi the person named in said complain as own- CT or keeper of said liquor, f such person be . resident of this Staie, . notice stmmoning such person and all others . h0na t may con ceTn 10 appear before said- JVsiice d | place and time stated in said notice, which time shalt be not less than two nor more shan fous weeks after .he posting and leaving of sald notices, and show cause # any iLey have, why ssid liquor should not be forfeited with ihe vessels containing IL and said notice shall with reasonab!s' cer.slDiy describe said liduot and vessels, and siass where, when and why the same ~ere seized At the time and place prescribed in said notice inc person named in such complaint, of any person claiming an in. ierest in sald liqnor and vesselss or any part thereof. may appear and show causes why the same should moi be. forfeited. Ii any pesson shaR then and ihere soappear.he shall bccorie q party defendant in said case, and said Jus iice shall make record thereof. Whether any person shall 60 appear or hUi, said com plainants or either of them, or any Grand Ju TOT of ihe town. may and upon the failure of such comylainan,s and Grand Jurors, the 6f- iiceE having such liquor in custody shall ap- pear before said Justice and prosecute said complaint and show canse why such liquor should Do ad;udged forfeited ,; and said jas- tice shall make record of such appearsncS and tho name Of such Pfosecutor, and sha.l proceed io enquire whether said liquof and
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