Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1854-03-03


uors until warrant shall have been is
sued against the supposed owner there
OF. for keeping or suffering 20 be kept
such liquors, contrary to the act; and
upon conviction. and appeal and final
decision against the appellant, liquors
seized upon search warrant shall be adj
Judged forfeited, and destroyed. All
reasonable charges for storage for such
liquors to be taxed in the costs against
the defendant. But nothing in this act
is to be construed to prevent the keep
ing of any liquors foreign production
in the original packages in which they
were imported.
The tenth section provides that in
all cases in which the defendant shall
fail to prosecute hisappeal, the liquors
seized shall be destroyed, and the re-
cognizances forfeited.
Section eleven requires the justice,
in cases of appeal, to hold the wit
nesses for their appearance under re-
cognizances Of fifty dollars.
Section twelve provides that in COM
plants for violation of the act it shall
be necessary to specify kind or guam
tity, or time Of sale or manufacture OF
liquors; but proof of such violation,
the substance OF which is briefly set
forth, and within the time mentioned.
shall be sufficient for conviction. Nor
shall il be necessary TO set forth a rec
ord OF former conviction, but il may
be proved as if so set forth; nor shall
il be necessary to particularly describe
the packages or kinds Of liquors to be
searched for, and all defects in the
complaint may be amended by the
Justice or the court 70 which appeal
may be made. Gases Of appeal to be
argued by the States attorney. or by
attorney appointed by the appellate
court. And in all cases in which the
appellant is required 10 pay the costs,
he is TO be taxed ten dollars for the
prosecuting attorney.
Section thirteen confers full power
upon justices. within the city or county
within which they reside, to proceed
to trial. render judgment. pass sentence
and award warrant for execution, ir
all cases under the fourth, ninth ant
tenth sections Of the act.
The fourteenth section allows tn,
| Justice fifty cents for each bond taken
and the officer one dollar for ever
seizure Of liquor; and for removin.
and care and custody Of such liquor
one dollar; to be taxed in the bill o
costs against the defendant upon hi
conviction.
Section fifteen gives one halfof al
fines and forfeiIures to the complain
ant, and one half to the State.
| Section sixteen requires all person
taking out a license for the prosecution
j of any business to take and subscrib
on oath or affirmation that they vii
not violate the provisions Of this &C
duIing the continuance of such license
such oath TO be recorded and to b
used in case of such violation, as sui
ficient evidence that the party ha
been guilty OF perjury, for which Of
fence he IS to be liable to indictmen
and trial, and upon conviction to SUITE
the penalty now imposed for the Grim
or perjury by the laws of this State.
Section seventeenth invests the Gil
cult court in and for Baltimore city wit
J power to make appointments of per
sons to sell liquors in this city; ant
} finally to dispose Of all cases OF viola
ton of the law in this city, under az
{ peal, makes it the special duty Of II
4 sheriff, his deputies, constables, watcl
e men and police officers, to arrest, with
A out complaint first made before a MAJ
e istrate, any person actually engaged
5 the commission of any otfense in VII
d lation Of the act, and to seize all Ii,
: uors exposed for sale at the time
S such otfense, and to take the persS
!. before justice Of the peace, and
f store the liquors so seized, and bot
e offender and liquors to be dealt wit
e as il action had been had under con
J. plant and warrant. Any person a
d rested under the provisions Of III
= act and acquitted, to be liable for n
l. costs, and to be entitled TO any leg
costs in making his defense.
1t Theleighteenth section makes the pr
e visions Of the act include all alcohol
n vinous. malt and fermented liquor
L and all mixed liquors. part Of wtic
E. is alcoholic, vinous. malt or fermente
'r Section nineteen prohibits the issr
lie Of any license for the sale OF intos
: eating liquors hereafter, and requir
Ie all licenses for other purposes. und
'e which such liquors have heretofo
been sold, expressly TO exceptthe san
Al hereafter, and repeats ali acts al
'e parts OF acts inconsistent with the pr
of visions of this act.
J. Such is the nature Of the prohibito
e liquor law, its provisions, restricti'
70 conditions and penalties. in as simp
J. and brief q form as we can present
5 intelligibly to the general reader.