Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1852-04-15

held thereon But no dwelling house in which or in part
Of which shop IS nt kept shall be searched unless at
least one oil said complannnis shall testify 10 some act
Of sale Of Intoxicating qaer iheFtn, Is the occupant
thereof by BIS consent permission within az least
one month OF the time Of making said complaint. And
the keeper Of said liquors, seized Aforesaid,
he shall be known - the officer SEEING tie same, shall
be summoned forthwith before the Justice Judge by
whose the liquors seized aud ii lac fails to
appear or unless he can SHOW by positive proof, that
they ct iyrega production tha they have been inn
ported under the laws OF Tie United States ard in
cordance fhere~iIli-ihat tiev are contained in the
original packages which they were Imported. and in
quantities not less lhan tie laws fho United States
prescribe they shall be declared forfeited and shall be-
destroyed By authority Of the written order that effect
OF said Justice Judge and in his presence or In the
presence OF some person appointed by him witness
the destruction ihes eoi and who shall JOIN with the officer
by whom they shall have been DESTROYED in attesting
that fact upon the back Of tie order liz authority OF
which 1t was done and the iwner keeper shall pay
fine OF twenty dollars and costs sasd committed for
thirty days, IN default OF payment in the opinion Of
the said liquors shall have been kept or c posited
for the purpose of sale. And if the owner or possessors
OF any liquors seized pursuance Of this section shall
set the claim that they have been uarv imported
under the laws Of The United States and that they are
contained in the original packages the custom house
certificates oil importation and proofs Of marks the
casks OF packages corresponding thereto shall not be
received evidence that the liquors contained ia said
packages are those actually imported therein.
SEC ~ II the owner, keeper possessor Of liquor
seized under the provisions OF this act, shall be unknown
to the officers Selling the same they shall be
demned and destroyed until they shall have been adver-
sed, with The number and description Of the packages
as near as may be- Tor two weeks, by posting up writ
ten description Of the public place that II
such liquors actually the property Of any town or
city in the State and tie time OF HE seizure
purchased for sale by the agent Of such city or town Zoe
medicinal and mechanical purposes only, pursuance Of
the provisions of this ae they may not be des lroyed
but upon satisfactory proof Of such ownership within
two weeks before the justice or Judge by whose author
ty said liquors were seized said justice Judge shall
deliver TO the agent of such city order to the
officer having such liquors in custody whereupon said
officer shall deliver them to the said agent taking the
receipt therefor upon the back Of the said order which
will be returned to said Justice or Judge
SEC 10. II any person claiming any liquors, seized
as aforesaid shall appeal from The judgment Of JUS
ce or Judge by whose authority the seizure was made
the district court before his appeal shall be allowed
he shall give bond Of two hundred dollars with two
good and sufficient Snreties TO prosecute his appeal and
TO pay all fines and which may be awarded against
him, and in the of-any such appeal, whore the
quantity OF liquors seized shall exceed five gallons n
the final decision shall be against the appellant that such
liquors were intended by him IT sale lie shall be ad-
Judged by the court common seller of intoxicating
liquors. and shall be subject to the penalties provided
Tor IN section eight OF this act and said liquors shall DO
destroyed provided for in Section eleven But nothing
contained in this act shall be construed prevent any
chemist artist, or manufacturer in hose trade
they may be necessary, from keeping his place Of
business such reasonable and proper quantity Of distilled
liquors as he may have occasion 10 In bis art or
trade, but for sale.
SEC. II. 1t shall be the duty of any mayor alderman
or seectman assessor city marshal deputy or con-
stable. il he shall have information that any Intoxicating
liquors kept sold in any tent shaRty hut place
OF aay kind, for selling refreshments in any public place
the ground OF cattle show. agricultural
exhibition military muster, public occasion of any
kind TO search such suspected place; and such officer
find upon the premises any intoxicating drinks he shall
seize them and arrest the keeper keepers Of sucI
place, and take them forthwith, soon as may be
before Justice Judge OF municipal or police
court, with the liquors found and seized and upon
proof that said liquors intoxicating, that they
found in possession of the accused, in tent shantY or
other place. aforesaid he thsy shall be sentenced
to imprisonment IN the county jail for thirty DAYS and
the liquors seized snail be destroyed By order Of said
justice judge.
SEC 10 Ii any person arrested under the preceding
section, aud sentenced aforesaid, shall claim an ap
peal before his appeal shall be allowed he shall give
bond of one hundred dollars with two good and sufficient
sureiies, that he Will prosecute his appeal pay all fines
costs. and penalties which may be awarded against him
And if such appeal the verdict Of the jury shall be
against him. he shall in addition the penalty awarded
by the lower court, pay ne OF twenty dollars In all
cases of appeal under this act from the judgment Of
justice or Judge OF any municipal police court the
district court except where the proceeding is by action
OF debt they shall be conducted in said by the
prosecuting officer Of the government-and said officer
shall be entitled 10 receive all taxable The STATIC
in all criminal proceedings under TINS ACT il addition 10
the salary allowed to such 0incer by awbut costs
such gases shall he RENTED reduced hT the prose-
cutting officer OF the court In any suit, complaint in
dctment, other proceedings against any person Tor
violation Of any Of the provisions Of this act other than
for the first ofense it shall be requisite forth
the record OF ormer conviction, but il
shall be sufficient to alege briefly that such person has
been convicted violation OF the fourth section OF this
act, as a common seller, as the case NAV be; and
SUCH allegation in any civil criminal process in any
stage Of the proceedings, before final Judgment NAV be
amended without terms and as matter Of right,
SEC. l6 All payments Of campersstions Tor liquors
sold in violation OF law, whether 10 money labor other
prpnelg, aies real or personal shall he held and
sidereh to have been received in violation Of law and
without consideration, and against law equity and
good conscience, aud all sales, transfers. and convey
ances, mortgages. liens attachments. pledges aud Sc
curities Of every kind which either in whole or IL part
shall have been for account al spTHCus niox-
eating liquors. shall he utterly null and void against all
persons and in all cases, and right Ci any kind shall
be acquired thereby; and in any action either law or
equity, touching such real personal estate The pur-
chaser OF such liquors may be witacss for either party
And no action OF any Kind shall be maintained In any
court in this State, either ia hole % part Ter ntox
eating sprituous liquors sold in any other State or
country whatever, shall any action OF any kind be
lad maintained in any in this State for the re-
novery or possession OF intoxicating liquors. the value
thereof
, SEC. II. All the provisions of this act relating to
towns shall be applicable to cities and plantations; and
hose relating to selecimen shall also be applied 10 the
mayor and aldermen Of cities and assessors of panta
ions.
SEC IS. The act entitled +" An act 10 restrict the
sale Of Intoxicating drinks, approved August sixth one
thousand eight hundred and lortysix hereby repealed
except the thirteen sections from section thirteen 70 Sec
ion twenty-five inclusive saving and reservinc all ac
ions or other proceedings which already commenced
y authority OF the same, and all other acts parts Of
tets inconsistent with this act are hereby repealed
This act TO take effect from and after approval BY the
Governor,
ApprOped Jpae "a, 1851.