The miners' express. (Dubuque, Iowa) 1849-1854, 1854-07-26


intended far sale by any Perss n not authorized
to srll the same in said city or town under the
provisions at this act, in any store, shop, ware
house or other building or place in said city or
town, said justice or Judge shall issue his war.
rant OF search 10 aGy sheriff, city marshal, or
deputy, or 10 any constable, who shall proceed
10 search the premises described in said warrant;
and if an, splrituous OF ininx eating liquors are
found therein, he shal se,ze the same, and
convey them to some proper place Of security,
where Ia shaIl keep them until final action is
had thereon But no dwelling house in which,
or in part at which shop is not kept, shall .
searchrd, unless al least one of SAID cOnplain-
ants shall testify to ,ome act OF sale of intoxica,-
ing liquors therein, by the occupant thereof, or
by his cons mt or permission, within a. least
month Of the time Of making said complaint -
And the owner or keeper If said liquors, I'D
as aforesaid, If ne shall be known to the officer
| Selling the same, shall. be summoned forthwith
before the justice or judge by whose warrant
the liquors were seized and il he fails 10 appear
or unless he can show BY positive proof tina,
said, liquors nre Of foreign production, that they
have been rported under the laws OF the Uni
ted States, and in accordance Herewith, that
they are contained in the original packages in
which they are imported, and in quantities not
lees than The laws Of he United States p escribe,
they shall be declared forfeited, and shall be
destroyed by authority of the written order to
that effect, Of said justice OF judge. and IN his
presence, or in the presence of some person an
pointed by him TO witness the drstruc ION there
of, and who shall jim with the officer by whom
they have been destroyed in at'esNng that fact
upon the back of the order by au hnri'y Of
which il was done and the owner or keeper
of such liquors shall pay a fine Of
twenty dollars and costs, or stand COM
'nitied for thirty days, in default OF payment,
1t in the opinion of the court said liquors shall
have been kept or deposited for the purposes Of
sale. And if the owrer or possessor OF any
liquors seized in pursuance OF this section shall
set up the clahn that they have been regularly
imported under the laws of the United States,
and that they are contained in he original
packages, the custom house certificates Of i'm
por'aiion. and proofs o. marks the casks or
packages corresponding thereto, shall not be
received as evidence that the liquors contained
in said packages are those actually imported
therein.
SEc. ~. Hthe owner, keeper, or possessor
Of liquors seized under the provisions Of this
act, shall be unknown TO the officer selling the
same, they shall not be condemned and destroy.
ed until they shall have been adve rtised, with
the number and description Of the packages as
near as may be, for two weeks, bv posting up a
written description of the same in some public
place, that if such liquors actually the prop
erty Of any city or town in the State, and were
so at the time Of the seizure, purchased for sale
by the agent Of said city or town for medical
and a, mechanical purposes only, in pursuance Of
II" provisions of this act, they may not b-
destroyed !; hut upon satisfactory proof Of such
ownership, within said two weeks, before the
justice or Judge by whose authority said liquors
were seized, said justice or Judge shall deliver
to The agent of said city or town an order 10 the
ofieer having said liquors in custody, where
upon said officer shall deliver til. m 10 said
agent taking his receipt therefor upon The back
Of SAID order, which shall be returned 10 said
justice Judge.
SEC. Is. F any person claiming any liq-
u"rs, seiz- d as aforesaid, shall appeal from the
judgment of any justice Judge by whose
| authority the seizure was made to the district
court, before his appeal shall be allowed he
| shall give bond in the sum of two hundred
dollars, with two good and sufficient sureties, TO
prosecute his appeal, and to pay ali zines and
cos which may be awarded against him J. and
in the case of any such appeal, where the
quantity OF liquors seized shall exceed FIVE
gallons if Tie final decision shall be against the
appellant, that such liqnors were intended by
him for sale, he shall be adjudged by the court
L. common seller f intoxicating liquors, and
shall be subject to the penalties provided for in
VI tuIS act dHu SdIu iiQuOIS SHdiI
be destroyed provided for in section eleven.
But nothing contained in this act shall be
construed to prevent any chemist, artist, or
manufacturer in whose art or trade they lnay be
necessary, from kee ping at his place Of business
| such Reasonable and proper quantity of distilled
| liquors as he may have OCCASION to use in his
art or trade, but not for sale.
Sec. ID 1t shall be the duty Of any mayor,
alderman seectman, assessor, c " marshal, OF
deputy, or constable, if he shall lave informa-
ton that any intoxicating liz 10 are kept OF
sold in any tent, shanty, hat, place OF any
kind tor selling refreshments h any pnybllc
place on or near the ground of:ary cattle show
agr icnltnral exhibition, mill airy muster, OF
public occasion Of any kind, ID, search such
suspected place and if such offices shall find
up the premises any intoxca' ng drinks, he
shall s-ze them, and arrest the 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 81
found and seized and upon proof that said liquors
are Intoxicating, that they found in the
possession of the accused in tent, shaniy, OF
other, place, as aforesaid, lie or they shall
be sentenced to imprisonment in the county
Jail for thirty days, aud the liquors so seized
shall De destroyed by order Of said justice OIL
judge.
SEC. Is. If any person arrested under the
preceding section and sentenced as aforesaid
shall claim an appeal, before ms appeal shall
give bond in the sum Of one hundred dollars
with two good and sufficient sureties, that he
will prosecute his appeal and pay all fines, costs
and penalties which may be awarded agains,
him. And if on such appeal the verdict Of the
jury shall be against him, he shall, in addition
to the penalty awarded by the lower court, pay
a fine Of twenty dollars. In all cases Of appeal
under this act from the judgment Of a justic.
or Judge Of any municipalor police court to ths
district court, except where the proceeding j:
BY action OF debt, they shall be conducted in
said district court by the prosecuting officer o
the government and said officer shall be en-
titled to receive all costs taxable to.the Stat,
in all criminal proceedings under this nci, ir
addition to the salary allowed 10 such officer b,
law: but no costs in such cases shall be remit
ted or reduced by the prosecuting officer of tn
court, In any suit, complaint. indictment, OF
other proceeding against any person for
olation Of any Of the provisions Of this act
other than for the first offence it shall not be
requisite to ct forth particularly the record o
former coviction, but ii shall be sufficient tc
alege briefly that such person has been convict
| ed of violation of the fourth section of this
act, or as common seller, as the case may be
| such allegation in any civil or criminal process,
in any stage Of the proceedings, before final
! judgement, may be attended without terms and
as matter Of right.
SEC. Is All payments or compensation for
! quors sold in violation oflaw, whether in nom
ey, labor, or other property. either real or per.
| sona', shall be held and considered to have been
received in violation Of law, and without con
sheraton, and against law, equity, aud good
conscience ; and all sales. transfers, and convey
ances, mortgages, lines attachments, pledges,
and securities of every kind, which, either in
whole Or part, shall have been for or on account
of sprituous intoxicating liquors, shall be ut
terly null and void against all persons AMI in
all cases, and no rights Of and kind shall e
acquired thereby and in any action, either
At law or equity, touching such real or personal
estate, the purchaser Of such liquor may be a
witness for either party. And no action any
kind shall be maintained in any court in this
State. either in whole or in part, for intox-
eating or spiri uous liquors sold in any oth"r
State or county whatever nor shsll any action
of any kind be had or maintained in any court
in this State for the recovery or posse ssion Of
intoxicating or spirituous liquors, or the value
thereof.
SEC. II. All the provisions of this act refat-
ing to towns shall be applicable 10 citi. and plan