Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-02-16

made IN part consideration OF the ille-
gal sale of intoxicating liquor, shall
be void so far as the illegal considera-
ton is concerned. All money, and
every article Of value Of every kind,
or the value thereof, paid or transfer
red for the illegal sale of intoxicating
liquor. may be recovered by the per-
son paying or transferring the same.
SEC. &c. Nothing contained in this
Act shall be so construed as to probib-
it the manufacture or keeping for sale
OF the sale Of burning fluids Of any
kind, perfumery. essences, chemicals
dyes, paints, varnishes, cosmetics, So
lutions Of madical Drugs, medicinal
compounds, or any other article which
may be composed in part Of alcohol,
or other spurious liquors, If not adapt
ed to use as beverage: Provided,
however, that il such article is capable
of being used or is intended to be used
as beverage, or in evasion Of said
Act, the manufacture or keeping for
sale, or sale thereof, shall be deemed
violation OF this Act.
SEC. 27. II shall be the duty Of
the city attorney to prosecute all suits
under this Act. which may be brough.
before the mayor of any city and it
shall be the duty Of the district attor-
ney, by himself. or by deputy, to pros
ecute all suits under this Act which
may be brought before a justice Of the
peace, or before the court Of common
pleas of the county or district, and to
prosecute all appeal Of suits under this
Act, in the circuit courts and courts OF
common pleas Of his county or dis
trict F; and where there is no city ut
torney, he shall prosecute all the suits
under this Act before the mayor Of any
city.
Sec. 20. Courts of common pleas
justices Of the peace, and mayors Of
cities shall have original concurrent
jurisdiction Of all offenses against the
provisions Of this Act. The jurisdic,
ton Of mayors and Of Justices OF the
peace shall extend throughout the
county.
SEC. 90. Every prosecution under
this Act before justice Of the peace
or mayor Of a city. shall be upor
complaint under oath or affirmation
and every prosecution under this Ac
in the court Of common pleas, shall b,
upon complaint under oath or affida
Wit and conformation founded thereon
SEC. 80. Costs shall be assessed il
the proceedings under this Act as il
other criminal cases, except when 9th
erwise provided but in all cases o
conviction docket fee Of five dollar
shall be taxedin favor Of the attorne,
who prosecutes such case and, in tn
absence Of the proper prosecuting at
torney. the court trying such cause
authorized to appoint an attorney t
prosecute such complaint. In case o
final COW ction in any appellate court
the accused party shall pay all costs
including docket fees. which may hav
+ been assessed against him in the infe
rior courtor courts.
SEC. 81. If auy person claiming
: any interest in any spurious or intoxi
eating liquor seized as nuisance, an
having knowledge or notice as requir
ed by this Act, of the seiznre, sha'
not assert his claim upon the trial, b
shall be deemed to have waived hi
claim, and shall not afterwards assei
any right thereto whatever, or an
claim for damages. Judgment Of fol
, fixture against any spurious or intcx
icating liquor under the provisions {
{ this Act, shall operate as judgmer
in rem, and the validity of such judg
ment shall not be contested or ques
toned in any action in any court b
, any person, except by appeal Of tn
cause in which the judgment Of fol
, fixture is declared and no court sha
take jurisdiction Of any action of re
, pleyin, or any other action, TO try tn
, validity of the proceedings in whic
7. the forfeiture is declared except 9
herein provided.
SEC. 80. Any person feeling az
! grieved by any judgment Of the may
D or of city. or justice lof the peace
r may appeal within thirty days, to th
e court Of common pleas or circuit coul
J of the county; but the appellant sha
before the appeal is granted, enter il
7 to recognizance before the justice {
0 mayor, with approved security, in th
D final sum Of twice the amount OF Ii
4; judgment and costs, conditioned thu
A the appellant will personally appear
A the appellate court, and pay the jude
: ment and costs that may be rendere
/ against him, and abide the order
the court, and not depart without leay
s SEC. 33. When an appeal is take
n the magistrate shall forthwith max
: out a fair transcript Of the proceed
= ings, and file it with all the papers
: the cause, and the appellant court sha
j try the cause, with or without a jul
9 and render a judgment, and enforce
: according to the provisions Of this Ac
: Sec. "a. Wheneves any spirituo'
!, or intoxicating liquor is seized as nj
+ isance. under any provision Of this &C
c the officer Selling it shall keep Il
same safely in some secure ylace unit
K final judgment; and il Judgment {
forfeiture be given against such liqu'
d or any part of it, he shall deposit sue
r liquor with the county agent. duly a.
s pointed to sell Intoxicating liquor, f
e safe keeping, and take his recei]
n therefor for safe keeping; and if I
n appeal is taken in thirty days, the Of
! icer shall return the receipt for sa
/ keeping, and take and destroy the liz
y uor, under the order of the court tr,
d inc the cause But if an anpeal ia d