The Ohio Organ Of The Temperance Reform in Cincinnati, Ohio
21 Jan 1853

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The Ohio Organ Of The Temperance Reform in Cincinnati, Ohio
21 Jan 1853

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The Ohio Organ Of The Temperance Reform (Newspaper) - January 21, 1853, Cincinnati, OhioIn Ohio of the Tempe Range la storm. " i r "wnl1 Iti y i " eternal hostility to the liquor traffic. A. S. F. Cary editor. Cail Bclark publisher volume Cincinnati Friday january 21, 185 3 c v " " 7 i u ass a n Maine liquor Law. Number 1, a v r notify the person complained of and if upon a Seanog of uie parties u Snail appear that any breach has been committed 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 of the provisions of 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 shall be imprisoned sixty Days in the common jail and on second conviction the person so convicted 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 conviction shall pay the sum of two Hundred dollars and shall be imprisoned four months in the Ccammon jail of the county where the offence was committed said penalties to be recovered before any court of competent jurisdiction by indictment or by action of debt in the name of the atty Tor town Fence shall be committed. And when Ever a default shall be had of any recognizance arising under this act Scire a Cias shall be issued returnable at the next term and the same shall not be continued unless for Good cause satisfactory to the court. Sec. 9. No person engaged in the unlawful 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 believed to be engaged the court shall in quire of the jury men 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 jury Man. Sec. 10. All cases arising under this act whether by action indictment or complaint which shall come before a Superior 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 require 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 police court make complaint under oath or affirmation that they have season 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 tort. 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 firmly by these presents. Sealed with our seals and dated this Day Ofa. D. 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 mechanical purposes and to 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 appointed and to such rules and regulations 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 Twenty 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 convictions the convict shall not be anti a i a i led 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 conviction he shall not de entitled to the Benefit of said chapter 175 of the revised statutes until he shall have been imprisoned four months. And if any clerk servant agent or other person in the employment 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 Penni i Sec. 5. Any forfeiture or penalty Aris ing under the above Section May be re covered by an action of debt or try com plaint before any Justice of the judge of any municipal or police court in the county where the Otence was committed. And the forfeiture so recovered shall go 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 a Rove of the commencement of any such suit by endorsing his name upon the v Rit the defendant shall in no event rec re any costs and in All actions of debt arising under this Section the fines and forfeit ures suffered by the defendant shall be the same As if the actions bad been by complaint. And it shall be thew of the mayor and aldermen of any City and selectmen of any town tto Eoa Irueta action in behalf of said town or City against any person guilty of a violation of and of the provisions of this act on being informed of the same and being furnished with the proot of the . 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 recognise 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 Alli that May 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 Whon the trial was had and the defendant shall be held to Advance the jury fees in every Case of Apnoea 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 him by the Justice or judge from whose judg ment the Appeal was made. The forfeiture for All Bonds and recognizance Given in pursuance of this act shall go to the town or City where the Nonence was committed for the use of the poor and if the recognizance and Bonds mentioned in this Section shall not be Given within Twenty fou r hours after to hts judg ment the Appeal shall not be allowed the defendant in the mean time to stand . 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 by any person appointed under this act has been committed shall i composing the the Maine i Sec. .1. No person shall be allowed at any time to manufacture or sell by himself his clerk servant or agent directly or indirectly any spirituous or intoxicating liquors or mixed liquors a part of which is spirituous or intoxicating except As hereafter provided. Seo. 2 the selectmen of 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 agent of said town or City to sell at gome Central and convenient place within said town or City spirits wines or other 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 Fop that Pur 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 certificate from the mayor and aldermen or selectmen by whom he has been appointed 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 until 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 inhabitants of the town of or City

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