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

on the back Of said order, which shall be return

-
on the back of said order, which shall be return
ed 10 said justice or judge.
| Sec. l3. II any person claiming any liquors,
seized as aforesaid, shall appeal from the jndg-
ment Of any justice or Judge by whose authority
the seizure was made 10 the district court, before
his appeal shall be allowed, be shall give bond
in the sum Of two hundred dollars with two good
and sufficient sureties to prosecute his appeal,
and to ray all fines and costs which may be
awarded against him; and in the case Of any such
appeal, where the quantity OF liquors 50 seized
shall exceed FIVE gallons, If the. final decision
shall be against the appellant, that such liquors
were intended by him for sale, ihe shall be ad-
Judged by the court common seller of intoxica-
ting liquors, and shall be subject to the penalties
provided for in section eight Of this act, and said
liquors shall be destroyed as provided for in sec.
tion eleven. But nothing contained in this act
shall be construed to prevent any chemist, artist
or manufacturer in whose art or trade they may
Unnecessary, from keeping at bis place Of busi-
ness such r asonable and proper quantity Of dis
titled liquors as he may have occasion 10 use in
his art or trade, but not for sale.
! Sec. Ia. II siall be the duty Of any Mayor,
Alderman, Selectman, Assessor, City Marshal OF
Deputy or Constable, If he shall have information
that any intoxicating liquors are kept or sold in
any tent, shanty, hut or place Of any kind for
selling refreshments in any public place on OF
near The ground ofany cattle show, agricultural
cxhbition, military muster, or public occasion OF
any kind, to search such suspected place, and II
such officer shall find upon the premises any IN
foxicafing drinks, he shall seize them, and ares
the keeper or keepers Of such place, and take
them forthwith, or as soon as may be, before
some justice or judge Of municipal or police
court, with the liquors SO found and seized, and
upon proof that said liquors are intoxicating, that
they were found in possession Of the accused, in
tent, shanty or other place a. aforesaid, he or
they shall be sentenced to imprisonment in tie
county Jail for thirty days, and the liquors SO
seized shall be destroy ed by order OF said justice
orjadse.. :.
cedng section and sentenced as aforesaid, shall
claim an appeal, before his appeal shall be allow
ed, be shall give bond in the sum OF one hun
dted dollars, with two good and sufficient sure
iies that he will prosecute his appeal and pay all
fines, costs and penalties which may be awarded
against him. And ifon such appeal the verdict
ofthe jury shall be against him, he shall in add-
tion 10 peEalty awarded BY the lower court, psy
fine Of twenty dollars. In all cases OF appeal
under this act from the judgment Of justice OF
Judge of any municipal or police court, to the dis
trict court, except where the proceeding is BY
action Of debt, they shall be conducted in said
district conrt by the prosecuting officer OF the
government and said officer shall be entitled TO
receive oil costs taxable to the State in all crimi-
nal proceedings under this act, in addition to the
salary allowed to such officer by law-but no
costs in such cases shall be remitted or reduced
| BY the prosecuting officer or the court In any
suit, complaint. indictment or other proceeding
| against any person for violation OF any OF the
provisions OF this ar; other than for the first Of
fence il shall not be requisite 10 set forth pariicn-
4 Il. ~. - v.-ts~ txsae 4,
shall be sufficient TO allege briefly that such per-
son has been convicted OF violation Of the fourth
section Of This act, common seller as the case
may be, and such allegation in any civil or GRIM
inal process IN any stage OF the proceedings, be-
fore final judgment, may be amended without
terms and az matter Of right.
Sec. l6. All payments or compensations foI
liquors sold in violation Of law, whether IN mon-
ey, labor other property, either real person
ceiyed in violafiea OF law, and without consider
alton, and against law, equity and good con-
science, and all sales transfers and conyeyancee,
mortgages, liens, attachments. pledges and secn-
rites OF every kind. which either in whole or in
pa {, shall have been for or on account of spirit
nous or imtoxic sting liquors shall be utterly null
and void against all persons and in all cr-
ses, and no rights Of any kind shall be ac-
qnired thereby: and in any action either al law
OF equity, IouCninS suCu Iedi Or peTsONal eeidtes
| the purchaser OF such liquors may be a witness
or.either party. And no action of any kind
shall be maintained in any court in this State. eli
ther in whole or in part for intoxicating or spirit
uoms liquors sold IN any other State or county
whatever, nor shall any action Of any kind be
had or maintained in any court in this State, for
the recovery possession ofintoxicating or spir-
ituous liquors, or the value thereof.
Sec. II. All the provisions Of this act relating
10 towns shnl be applicable to cities and plania-
tons and those relating to Selectmen shall also
be applied TO the Mavor and Aldermen OF cities
and Assessors Of plantations.
Sec. 10 The act entitled Gan act to restrict the
sale Of intoxicating drinks" approved August
sixth, one thousand eight hundred and forty-sx,
is hereby repealed, except the thirteen sections
from section ten to section twenty two inclusive
saving and reserving all actions or other proceed
ngs, which are already commenced by authority
of the same, and all other acts and parts of acts
inconsistent with this act are hereby repealed
This act to take effect from and after its approval
by the Governor.