Burlington tri-weekly hawk-eye. [volume] (Burlington [Iowa]) 1852-1855, 1855-03-01
BURLINGTON, THURSDAY, MARCH ! 1855,

however, mentioned in this section shall be construed
to mean convictions separate indictments or infor
nations.
! SEC Z. No person shall own or keep, or be in any
| way concerned, engaged or employed in owning or
Keeping any intoxicating liquor with intent to sell the
same IN this State Tor to permit the same to be sold
therein In violation Of the provisions Of this act and
any person who shall keep, be concerned
| or engaged or employed in owning or keeping such
liquor with any such intent, shall be deemed gailty
mlsdeneanor, and shall his first conviction for
said oiense pay fine of twenty dollars ssd the cost
OF the prosecution and stand committed until the same
DC paid On his second conviction for said oianee he
shall pay fine Of fifty dollars and the costs Of prose
ution, and shall stand commit until the same be
paid; and On his third and every subsequent conyic-
ton for said offence. he shall pay fine of one hun
dred dollars and the costs Of prosecution, and shah he
imprisoned in the county jail not less than three no
more than six months. And upon the trial of every
indictment information fer violation Of the prov
sons Of this secton proof Of the finding Of the liquor
named in the indictment or information in the pos
session Of the accused in any place except his private
dwelling house or its dependencies, Tor in such dwell
ling house or dependencies IL the same be tavern,
public eating house, grocery other place Of public
resor shall be received and acted upon by the court
presumptve evidence that such liquor was KEEP. or
held for sale contrary to the provisions Of this act.
SEC. s. In Of violation Of the provisions of eli
her of the three preceding sections the building or
erection Of whatever kind, the ground itself in
upon which such unlawful sale manufacture or
is carried on continued exists is hereby declar-
ed nuisance. and may be abated the law provides;
and in addition to the penalties prescribed in said
tons whoever shall erect establish contiru
any building. erection place for any of the pur
poses prohibited in said sections, shall be deem gull
~ of nuisance and may be pros cuted and punished
accordingly, in the manner provided by law. And
proof Of the manufacture, sale keeping with intent
to sell, Of any intoxicating lquor in violation of the
provisions of this act upon the premises desert
io1 bx,t tbnv hvo 9TH
der the authority or by the permission d the party
accused, shall be deemed sufficient as presumptHe evil
dence, of the offence provided for in this section.
SEC. g. Ii any three persons residents of any coun
ty, shall before justice Of the peace for the same
county, make written information supported by their
oath affirmation, that they have reason to believe,
and do believe, that any intoxicating liquor described
particularly may be, in said nfor rnation, is in
said county in any place described as particularly as
may be in said information, owned or kept by any
person named or described in said informatisn n, as
particularly may be, and is intended by i'm to be
sold in violation of the provisions of this act said us
tce SHALL upon finding proba BILE cause for such infor
nation issue his warrant of search, directed to any
peace officer in the county describing particularly
as may be- the liquor and the place described in said
info nation and the person namea or described in said
information, the owner or keeper OF said liquor,
and commanding the said officer to search thoroughly
said place. and to seize the said liquor, with the
sells containing it, and keep the securely until
final action be had thereon wereupon the said peace
officer to whom such warrant shall be dclife, shall
forthwith obey and execute far he shall be abe,
the commands Of said warrant, a. d make return vi
his dons to said Justice, an shall securely keep all
liquors % seized by him. and the vessels containing it.
until final action be had thereon: PROVIDED. HoWEv-
Err that if the place to be searched be dwelling
house in which any family iesides, and in which no
tavern eating house. grocery or other place of public
resort is kept su warrant shall not be issued unless
one at least of SAID complainants SHALL oath af
rnation declare before said Justice that he has rea-
son to believe and docs believe that within one month
next before the making of said information, lntoxica-
ting Liquor has been in violation OF this act sold In
So id use or in some dependency thereof by the per-
son accused in said inf"rmatson or by his consent OF
perssion nor unless from the facts and crcumstan-
ces disclosed by such complaint to such Justice, the
said Justice shall be of opinion that sid complainant
has adequate reason for such belief.
SEC. 10. Whenever upon such warrant such Ii
quors shall have been seized, the Justice who issued
such warrant shaii, within foltyeight hours after
such sezurr cause to be left at the place where SAID
liquor was Sc zed, if said place be dwelling house,
store or shop posted in some conspicuous pace on of
aut said building and also to be left with or at the
last known and usual place Of residence OF the per-
son nam d. or described in said information az the
owner VI keeper Of said liquor II ne be fesiaeht Oh
his State, notice slmnonlnS such person. anu az
Others whom it may concern, to appear before said
Iustice ar n place and time named in said notice,
(Which time shall not be less than five nor more than
fifteen days after the posting ard leaving OF siu no
tices and show If any they have, why saia 4.
auor together with the vessels III Which tne Sae Is
contained should not be forfeited and SAID nciice
shall with reasonable certainty describe sald liquor
and vessels, shall state where when ana why 'he
same were seized. At the time ana tee l'eaciioeo
in said notice. tine person named IN sd hioi
or any other person or persons claiming an ~
said iauor aud vessels, any part there may ap-
pear and show why the same should hot DC Tor
fe,ed If any person shall then and there 80 appear
he shall become party defendant IN saiu case, li
said Justice shall make record Thereon, whether any
person shall SO appear not, SAID justice shan ~
the crbed time proceed 70 the trial VI SAID case
and said complainants, or either OF them may anu
upon their default the officer having such liquor III
custody shall, appear before said Justice, anu Toso
cute said Informs tion and show cause why sucn
should be adjudged forfeited. Inc ProceeaiS ~ .i
trial Of such case may be the substantially az III
eases of mslemea nor tryabe before justices o1 the
peace and if any person shali appear ana De mate
party defendent herein provided ana shai MAKE -
written plea that said liquor or the part thereof
claimed by him was owned OF kept with intent "
oh scd in violation Of this act, such party deiehdei,
NAV at his option demand jury to try the issue anu
| If uon the evidence then and there presented, .ie
said us Ice or Jury the case may be, shal nd Ioi
verdict that SAID liquor when sezed oWheu "
kent hy any person whether said party dcfendent o
no f. the purpose of being sold violation oI '
act the said Justice shall render Judgment that si.
liquor Or said part thereof with the vessels IN Whei
1t Is contained is forfeited, II no person DC 'ee
fendent in manner aforesaid if judgment be mad'
| in favor of all the defendents who appear ana ~
made such then the of the case shall be paid
in ordinary criminal prosecutions where the proseea
ton fails Ii the Judgment shall be against only on
party defendent appearing a. aforesaid ne shali
aoiuJeed 10 nav ali the costs Of the proceedings Y
the ,eiznre and detention of the liquor claimed D
him up to that time and of said trial But II sue
Judgment shall bs against more than enc party d
ondent claiming distinct interests in said liquor the
the of said proceedings and tflai shi pe accoi.
inc to the discretion of said justice equitaby appo
toned among said defendants, and execution shall
issued on such judgments against said detendents 10
the amount Of the costs adjadged against them,
! And any person appearing and becoming party u
fendent a. aforesaid may appeal from SAID Jndgmei
of forfeiture as the whole any part OF sala qp
any vessels claimed by him and 50 adladged ioffeltet