The Ohio organ, of the temperance reform., January 21, 1853, Image 1

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OHIO
OF THE TEMPE RANGE ll'ETORM.
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ETERNAL HOSTILITY TO THE LIQUOR ; TRAFFIC.; .r . '
' S. F. ,CARY, Editob.
:.".';;;";;:.:; , caIlebclark, XUBLISHER
VOLUME
- " "'7 i-u v", .;
SS
A n
I
THE MAINE
i Sec. .1. ' No person shall be allow
ed at any time, to manufacture or sell,
by himself,, his clerk, servant , or ageut,
directly or indirectly, any spirituous or
intoxicating liquors, or mixed liquors, a
part of which is spirituous or intoxica
ting except as hereafter provided.
Seo. 2 The selectmen ot any town,
and mayor and aldermen of any city, on
the first Monday of , May annually, or as
soon thereafter as may be convenient,
may. appoint' some suitable person, as
the agept of said town or city, to sell at
gome central and convenient place within
said town or city, spirits, wines, or oth
er intoxicating: liquors, to be used for
medical and mechanical purposes, and no
other i and said agent shall receive such
compensation . for his services as the
board appointing him shall prescribe
and shall in the sale of such liquors,
conform to such rules and regulations,
as the selectmen or mayor and aldermen,
as aforesaid, shall prescribe fopthat pur
pose. , And such agent, appointed as
aforesaid, shall hold his situation for one
year, unless sooner removed by the board
from .which he received his appointment,
as he may be at any time, at the pleas
ure of said board. ,
Sec'' 3. Such agent shall receive a cer
tificate from the mayor and aldermen or
selectmen by whom he has been appoin
ted, authorizing him as the agent of such
town or city, to sell intoxicating liquors
for medical and mechanical purposes
only ; but such certificate shall not be
delivered to the person so appointed, un
til he shall have executed and delivered
to said board, a bond with two good and,
sufficient sureties, in the sum of six hun
dred dollars, in substance as follows : .
Know all men that we, as prin
cipal, and and as sureties, are
holden and stand firmly bound to the in
habitants of the town of, (or city
COMPOSING THE MAINE .LIQUOR LAW.
CINCINNATI, FRIDAY,
;.!..
rmS) ' ' -
LIQUOR LAW.
as the case may be,) in the sum of six
hundred dollars, to be paid them, to
which payment we bind ourselves, our
heirs, executors and administrators, firm
ly by these presents. . Sealed with, our
seals, and dated this day of , A.
D.-.J i i . !.; .:
The condition of this obligation Is such,
that whereas the above bounden has
been duly appointed an agent for the
town, (or city,) of to sell within, and
for and on account of said town (or city,)
intoxicating liquors tor medical and me
chanical purposes, and ho other, until
the - of '- A. D. unless sooner
removed from such agency. ' '' -
; Now if the said - shall in all respects
conform to the provisions of the law re
lating to the business for which he is ap
pointed, and to such rules and regula
tions as now are, or shall be from time
to time established by the board making
the appointment, then this obligation to
be void ; otherwise to remain in' full
force. -a " :' ' '
Sec1 4. If any person, by himself,
clerk, servant or agent, shall at any time
sell any spirituous or intoxicating liquors,
or any mixed liquors, part of which i
intoxicating, in violation of the provi
sions of this act, he shall forfeit and pay
on the first conviction, ten dollars and
the costs of prosecution, and shall stand
committed until the same be paid; on
the second conviction he shall pay twen
ty dollars, and cost of prosecution, and
shall stand committed until the same is
paid ; on the third and every subsequent
conviction, he shall pay twenty dollars
and the costs of prosecution, and shall
be imprisoned in the common jail, not
less than three months, nor. more than
six months, and in default of ' pay
ment of the fines and costs prescribed by
this section, for the first ana second con
victions, the convict shall not be enti
JANUARY 21, 1853- , c V
;j i n; I
tled to the benefit of chapter l7rf of the
revised statutes, until he shall have been
imprisoned two months; and in default
of payment of fines and costs provided
for the third and every subsequent con
vjction, he shall not De entitled to, th
benefit of said chapter 175 of the revised
statutes, until he shall have been impris
oned four months. And If any 'clerk",
servant, agent or other person in the em
ployment, or on the premises of; an
other, shall violate the provisions 6f this
section, he shall be held equally guilty
with the principal, and, on conviction,
snail suner uie Hume peuniyi y ,
Sec. 5. Any forfeiture or penalty aris
ing under the above section, may .be re
covered by an action of debt, or tyy com
plaint before any justice of the ptace.or
'judge of any municipal or police court,
in the county where tne oitence was com
mitted. And the (forfeiture so recovered
shallgo to the town where the convicted
party resides, for the use of the poor;
and the prosecutor or complainant may
be admitted as a witness in tile trial,
And if any one of the selectmen c board,
or mayor and aldermen shall ap rove of
the commencement of any such suit, by
endorsing his name upon the v rit, the
defendant shall in no event recc rer any
costs ; and in all actions of debt arising
under this section, the fines and forleit
ures suffered by the defendant, shall be
the same as if the actions bad been bv
complaint. And it shall be theWyof
the mayor and aldermen of any city, and
Selectmen of any town,Tto eoairueua
action in behalt of said town , or city
against any person guilty of a violation
of anv of the provisions of this act, on
being informed of the same, and being
furnished with the proot ot tne tact. ,
Sec. 6. If any person shall claim an
appeal from a judgment rendered against
him by any judge or justice, on the trial
of such action or complaint, he shall, be
fore the appeal shall be allowed, recog
nise in the sum of one hundred dollars,
with two good and sufficient sureties, in
every case so appealed, to prosecute his
appeal and to pay all costs, fines and pen
allies that may be-rrwaxded against him,
upon a final disposition of such suit or
complaint And before his appeal shall
be allowed, he shall also, in every case,
give a bond with two good and sufficient
sureties, running to the town or city,
where the offence was committed, in the
sum of two hundred dollars, that he will
not during thi pendency of such appeal,
viola'e any provisions of this act . And
no recognizance or bond shall be taken
in cases arising under this act, except by
the. justice or judge belore whonv the
trial was had ; and the defendant shall
be held to advance the jury fees in every
case ot apnea! in an action of debt j and
in the event of a final conviction before
jury the. defendant shall suffer and pay
double; the amount of fines,; penalties
and imprisonment awarded aga.nst him
by the jusiice or judge from whose judg
ment the appeal was made. The for
feiture for all bonds and recognizances
given in pursuance of this act, shall go
to: the town or city where tne onence
was committed, for the use of the poor ;
and if the recognizances and bonds men
tioned in this section shall not be given,;
within twenty-four hours after thtf judg
ment, the appeal shall not be allowed,
the defendant in the mean time to stand
committed. , , ",' , ':
-' Sec. 7. The mayor and aldermen of
any ;ity, and the selectmen of any town,
whenever complaint shall be made to
them that a breach of the conditions of
the bond eiven bv any person appointed
under this act, has been committed, shall
NUMBER 1,
-,n: v
r notify the person complained of, and if
upon a neanog oi uie parties u snail ,
appear that any breach has been com
mitted, they shall revoke and make void
his 'appointment' " And whenever a
breach of any bond given to the inhabit
ants 6f any city or town in pursuance of
any ot the provisions oi tins act, snail De
made' known to the mayor and aldermen,
or selectmen, or shall in any manner
come to their knowledge,' they or some
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 bourt proper to
try the same. ." " . ."
.. Sec. 8'. No person1 shall be allowed to
be a manufacturer of any spirituous or
intoxicating liquor, 6r a common seller
thereof, without being duly appointed as
aforesaid, on pain of forteiting1 on the
first conviction, the Bum of 6ne hundred
dollars and the costs of prosecution, and
in default, of the 'payment 'thereof, the
person so convicted Bhall be imprisoned
sixty days in the common jail ; and on
second conviction, the person so convic
ted shall pay the sum of two hundred dol
lars and costs of prosecution, and ift de
fault of payments shall be , Imprisoned
four months in the' common jail ; and on
the third and every subsequent convic
tion, shall pay the sum of two hundred
dollars, and shall be imprisoned four
months in the ccjmmon jail of the coun
ty, where the offence was committed
said penalties to be recovered, before any
court of competent jurisdiction, by, in
dictment, or by action of debt in the
name" of the CTty tor tdwn- whera.lbe &.t'
fence shall be committed. And when
ever a default shall be had of any recog
nizance, arising under this act, scire fa
cias shall be issued, returnable at the
next term, and the same shall not be con
tinued, unless for good cause satisfactory
to the court. ,
Sec. 9. No person engaged in the un
lawful traffic in intoxicating liquors shall
be competent to sit upon any jury, in any
case arising under this act ; and when
information shall be communicated to the
court, that any member of any pannel i '
engaged in such traffic, or that he is be
lieved to be engaged, the court shall in
quire of the jurymen of whom such be
lief is entertained ; and no answer which
he shall make shall be used against him
in any case arising under this act ; but
if he shall answer falsely, he shall be in
capable of serving on any jury in" the
state ; but he may decline to answer, in
which case he shall be discharged by the:
court from all further attendance as a
juryman.
Sec. 10. All cases arising under this
act, whether by action, indictment, or
complaint, which shall come before a su
perior court, either by appeal or original
entry, shall take precedence in said court
of all other business, except those crimi
nal cases in which the parties are actu
ally under arrest, awaiting a trial ; and
the court and prosecuting officer shall
not have authority to enter a nolle pro
sequi, or to grant a continuance in any
case arising under this act, neither be
fore or after the verdict, except where
the purposes of justice shall tequire it.;
Sec. 11. If three persons, voters in the
town or city where the complaint shall1
be made, shall, before any justice of the,
peace or judge of any municipal or po
lice court, make complaint unoer oath or
affirmation, that they have ieason to be
lieve and do believe that spirituous or'
intoxicating liquors are kept or deposited,1
and intended for sale by any person liot
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 towrt
'