Des Moines courier. ([Ottumwa] Iowa) 1848-1854, 1853-02-10

or police court, make complaint under
oath or affirmation, that they have rea
son to believe, and do believs that spirit.
uous or Intoxicating liquors are kept or
deposited, and intended for sale, by any
person no. authorized TO sell the same in
the said city or town under the provis-
ions of this act, in any store, ware
house, shop or other building or place in
said town or city, said justice or Judge
shall issue his warrant Of search to any
sheriff. city marshal or deputy, or to any
constable, who shall proceed to search
the premises described in said warrant,
and il splrituous or intoxicating liquors
are found therein, he shall seize the
same, and convey them to some proper
place Of security, 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
complainants shall testify to some &C, OF
sale of intoxicating liquors therein, by
The occupant thereof, or by his consent
or permission within at least one month
of the time of making said complaint.
As the owner or keeper of said liqours,
seized as aforesaid, if he shall be known
to the officer seiz,ng the same, shall be
summoned forthwith before the police or
Judge by whose warrant the liquors
were seized, and if he fails TO appear,
or unless he can show by positive proof.
that said liquors are of foreign produc.
tion, aud that they have been imported
under the laws OF the United States. and
in accordance therew wi,h-thai they are
contained in the usual 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 be destroyed by au.
thority of the written order 10 that effect,
of said justice or judge, and in his pres.
ence, or in the presence of some person
appointed bv him TO witness the des-
truc,ion thereof. and who shall Join with
the officer by whom they shall have been
destroyed, in attesting that fact upon the
back Of the order, by authority of which
j, was dome; and the owner or keeper OF
such liquors shall pay fine of twenty
dollars and cost, or stand committed for
thirty days, in default of payment, if in
the opinion of the court said liquors
shall have been kept or deposited for the
purposes of sale. And if the owner or
possessor Of any liquors seized in pur-
suance of this section, shall set up the
claim that they have been regularly i'm
ported under the laws of the United
STATES. and that they are contained in the
original packages, the custom house Ger.
ti6cates of importation, and proofs of
marks on the casks or packages cores
ponding thereto, shall not re received as
evidences that the liquors contained in
said packages are actually imported
therein. ....
SEIZED LIQUORS, HOW DISPOSED OF, &C.
SEC. l2. If the owner, keeper or pos,
SCISSOR of liquors seized under the pro-
visions 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
number and description of the pack ages
as near as may be, for two weeks, by
posting up written description Of the
same in some public place. that if such
liquors are actually the property of any
city or town in the State, and were so at
the time of the seizure, purchased for sale
by the sgent Of said city or town. for
medical and mechanical purposes only,
in pursuance of the provisions of this
act, that they may not be destroyed; but
upon satisfactory proof Of such owner
ship, within said two weeks, before the
Justice or Judge by whose authority said
liquors were seized, said justice or judges
shall deliver to the agent Of said city or
town an order to the officer having said
liquors in custody, whereupon said off,
Ger shall deliver them to said agent. ia.
king his receipt therefor upon the back
of said order, which shall be returned to
said justice drudge.
/. APPEAL OF CLAIMANTS OF SEIZED LIoyo RS.
SEC. ID. II any person claiming any
liquors seized as aforesaid, shall appeal
from the judgment of any justice or Judge
by whose authority the seizure made TO
the district court. before his appeal shall |
be allowed. he shall give bono in the
sun Of $500 with two good and
sufficient securities to prosecute his ap-
peal, and to pay all fines aud costs which
may be awarded against him; ;& in the case
Of any such appeal, where the quantity
OF liquors so seized shall exceed five gal
Ions, If the final decision shall be against
the appellant, that such liquors were in
tended by him for sale, he shall be adiudg-
ed by the court common seller Of in
toxicating 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 section elev-
en-. But nothing contained in this ao,
shall be construed 10 preven, any chem
Isl. artist or manufacturer in whose trade
they may be necessary, from keeping at
his place of business such reasonable and
proper quantity of distilled liquors as
he may have occasion 10 use in his art
or trade, but not for sale.
OFFICERS TO sEIz LIQUORS IN CERTAIN PLA-
cEs.