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


such officer shall find upon the premises
any Intoxicating drinks, he shall seize
them. and arrest the keeper or keepers of
such place, and take them forth with, 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 intoxica.
Ting that they were found in possession
of the accused, in a tent. shan,y or 9TH
er place as aforesaid, he or they shall be
sentenced TO Imprisonment in the county
jail for thirty days, aud the liquors so
seized shall be destroyed by order of said
justice or judge.
APPEALS, FEES, FORMER CONVICTION. sc.
SEC. l5. Ii any person arrested under
the proceeding section and sentenced as
aforesaid, shall claim an appeal, before
his appeal shall be allowed he shall give
bond in the sum of one hundred dollars,
with two good securities, that he will pros.
ecuie his appeal and pay all fines. costs
and penalties which nav be awarded d.
gainst him. And if on such an appeal
the verdict of the jury shall be against
him, he shall in addition TO the penalty
awarded by the lower court, pay fine
Of twenty dollars. In all cases of ap-
peal under this act from the judgmen, of
a justice or judge Of any municipal or
police court, TO the district court, except
where the proceeding is By action or debt,
they shall be conducted in said dis,ric.
court by the prosecuting officer of The
government--and said officer shall be
entitled TO receive all costs taxable to the
State in all criminal proceedings under
this act, in addition TO the salary allowed
to such officer by law-but no costs in
such cases shall be RENTED or reduced
by the prosecuting officer of the court. -
In any suit, complaint, indictment or 9TH
er proceeding against any person for 4
violation of any of the provisions of this
act, other than for the first offense. It shall
be sufficient to allege briefly that such
person has been convicted of violation
of the fourth section of this act, or rs a
cor mon seller, as the case may be, aud
such allegations in any civil or criminal
process in any stage of the proceedings,
before final judgment, may be amended
without terms and as matter OF right.
CONTRACTS FOR LIQUOR NULL AND VOID.
SEC. l6. All payments or compensa-
,ion for liquors sold in violation Of law,
whether in money, labor or other ptop.
erty, either real or personal, shall be held
and considered TO have been received in
violation of law, and without considera.
ton, and against law, equity and a good
conscience; and all sales, transfers ant
conveyances, mortgages. liens, attach.
ments, pledges and securities Of every
kind, which either in whole or in part,
shall have for or on account of spirituous
or Intoxicating liquors shall be utterly
null and void against all persons and in
all cases. and no rights Of any kind shall
be acquired thereby, and in any action
either at law or equity, touching such re-
al or personal estate, the purchaser of
such liquors may be witness for either
party. Aad no action of any kind shall
be maintained in any court in this State,
for the recovery or possession of intoxi-
eating or spiritnous liquors, or the value
thereof.
APPLIES TO CITIES, TOWNS AND PLANTATIONS.
SEC. IL. All the provisions of this
act relating 10 towns shall be APPLICABLE to
cities and plantations; and those relating
to selectmen shall also be applied to the
mayor or alderman of cities and assess.
ors Of plantations.
REPEAL OF CERTAIN ACTS, &C.
SEC. Is. The act entitled "an act to
restrict The sale of intoxicating drinks"
approved August sixth, one thousand
eight hundred and forty six, is hereby re-
pealed, excep. the thirteen sections from
section ten to section twenty-five inclu
sive, saving and reservlng all actions or
other proceedings which are already CON-
menced by authority of the same; and
all other acts and parts of acts inconsist-
ant with this act are hereby repealed.-
This act TO take effect from and after its
approval by the Governor.
Approped June 2d. 1851.