The Davenport gazette. [volume] (Davenport, Scott Co., Iowa) 1841-185?, 1852-01-29

ue Wafued against him, upon ilnal disposition
Of such suit or complaint. And before his ap-
lpcal shall be allowed, he shall also, in every
icnse, give bond, with two other go I'd and SUI
fcient suretics, running to the town or city
where the offence was committed, in the sum Of
two hundred dollars, that he vii. NOT, during the
pendency OF such appeal violate any Of the pro-
visions o! this act. And no recognizance OF
bond shall be taken in ses arising under this
iac', excep. by the justice or Judge before whom
the trial was had; and the defendant shall be
theld 10 advance the jury fees in every case o
appeal in action Of debt; aud in the event OF 0
FINAL conviction before a jury, tho defenden'
shall pay and suffer double the amount Of fines
penalties and Imprisonment awarded against hin
BY the justice or Judge for whose Judgment the
appeal was made The forfeiture for all bonds
and recognizances given in pursuance of this
act, shall 60 to the town or city where the Of.
fence was committed, for the use Of the poor
and il the recognizances and bonds mentioned in
this section shnll not be given, within twenty
four hours after the Judgment, the appeal shal
! not be allowed; the defendant in the mean time
| to stand committed.
Sec. Z. The Mayor and Aldermen Of any
city, and the Seecfmen Of any town, whenever
complaint shall be made TO them that breach
|, Of the conditions of the bonds given by any per-
son appointed under this act. has been committed
shall notify the person complained of, and if mp
on hearing OF the parties il shall appear thai
any breech has been committed, they shall re.
woke and make void his appointment. And
whenever breach of any bond given to the in
habitants of any city or town, in pursuance Of
The provisions OF this act, shall be made known
TO the Mayor and Aldermen, or Selectmen, or
shall in any manner come TO their knowledge,
they or some one Of them shall, at The expense
and for the OF said city or town, canse the
bondto be put in suit in any court proper to try
the same.
Sec 0. No person shall be allowed to be q
manufacturer Of any spiritu us or Intoxicating
liquors, or common seller thereof, without be.
ing duly appointed as aforesaid. on pain Of for.
fri,ing on the first conviction, the sum Of one
hundred dollars and the costs of prosecution, nnd
in default Of the pnymen, thereof, the person.
50 convicted shall be imprisoned sixty days iT
the common iail; and on the second conviction
the person 40 convicted shall pay the sum oftwo
hundred dallars and the costs Of prosecution, and
in default Of payment shall be imprisoned fou,
IN ,niht in the common Jail; and on the third and
every ubseqnen, conviction. shall pay two hnn
dred dollars and shall be imprisoned four months
IN the common Jail Of the county where the Of
fcnce was committed: said penalties 10 be re-
covered before any court Of competent iurisdic-
ton. or by indictment or by action of debt in the
city or town wi ere the Off nee shah be commit
ted. And whenever a default shall be had OF
any recogni2ance arising under this act, scire fa-
cas shan be issued, returnable Mt the next tern,
and the same shall not be continued, unless fol
goed ause SAT sfac'ory 10 The court.
Sec 9. No person engaged in the unawiu
iraflic in intoxicating liquors shall be competen
10 slt upon any Jury in nny case arising nndc
| this act: : and when information shall be commit
nicatcd 10 the court, that any member of any
panel is engaged in such traffic, or that he is be
| lieved TO be SO engaged, the court shall inquire
Of the lurvrnan of whom such belief is enter
| tained; and no answer he shall make shall %
used against him in any case arising unde
this act; bur il he shall answer falsely, he shal
be incap pable Of serving on any jury in this > ate
bni he may decline 10 answer, in which case h
shall be discharged by the court from all furthel
attendance as juryman.
Sec. 10. All cases arising under this act,
whether by action, indictment or complaint
which shall come before superior court. either
by appeal or original entry, shall take prece-
df nee in such court of all other business, excep
those criminal eases in which the parties ac
tually under arres, ava ting trial; and tfe c ur
and prosecuting officer shall not have authority
10 enter a nole proseqni, or 10 grant con'inu.
ance in any case arising under this act, either
before or after the verdict, except where tht
purposes OF Justice shall require il.
Sec. II. II any three persons, voters in tht
town or city where the complaint thall be made
shall before any justice of the peace, or Judge o.
anv municipal or police court, make compliant
under oath or affirmato that they have reason
10 believe and do believe, that spirltnous or in
toxicating liquors are kept or deposited, and IN
tended for sale, by any person not authorized to
sell the same IN said city or town, uhaer the
provisions of this act in any store, shop, ware
house or other building or place in said city OF
town, said justice or judge. shall Issue his war
rant of search to any sheriff, city marshall or
deputy, or 10 any constable, who shall proceed
10 search the premises described in said war
rant, and if any spirituous or intoxicating liq-
uors are found therein, he shall seize the same,
and convey them 10 some proper place OF seeu-
rity, where he shall keep them until final action
is had thereon. But no dwelling house in which
or in part Of which shop is not kept, shall be
searched, unless at least one of said complaints
shall testify 10 some act OF sale of intoxicating
liquors therein, BY the occupant thereof, or by
His consent of permission, within at least one
month of the time Of making said complalnt.--
And the owner or keeper OF said liquors seized
as aforesaid, if he shall be known to the officer
seizing the same, shall be summoned forthwith
before the justice or judge by whose warrant the
liquors were seized, aud il he falsto appear, or
unless he can show by positive proof, that said
liquors arc Of foreign production, that they have
been imported under the laws Of the United
=
are confined in the original packages IN which
they were imported, and in quantities not less
than the laws OF the United States prescribe, they
shall be declared forfeited, and shall bc dosio,
ed, by authority Of the written order to that el-
feet. Of said Justice or Judge and in his presence,
or in the presence OF some person appointed by
him 10 witness the destruction thereof, and who
shall Join with the officer by whom they shall
have been destroyed, in attesting that fact upon
the lack of the order by authority OF which !.
was done: and the owner or keeper oil such llq-
uors shal ray fine Of TIVE nty dollars and costs
or stand committed for thirty days, in default OF
payment, if in the opinion OF the court SAID
liquors shall have been kept or dep slled for The
purpose OF sale. And if the owner or possessoi
Of any liquors seized in pursuance OF this Sec
ton, shall set up a claim that they have been
regularly imported under the laws OF the United
States, and that thev are contained in the orig.
nal packages, the Custom House certificates OF
importation aud proofs of marks on the casks ol
packages, corresponding thereto, shall not be
received as evidence that tho liquors contained
ia said packages are those actually imported
therein.
| Sec. i2. II the owner, keeper or pcssessor oi
liquors seized under the provisions of this act
shall be unknown to the officer seizing the same
they shall not be condemned and destroyed until
they shall have been advertised, with the numhe,
and description of the packages as near rs may
be for two weeks, by posting up a written des-
cription OF the same in some public place, that il
such liquors are actually the property OF any city
| or town in the State and were so nj the time oil