Burlington tri-weekly hawk-eye. [volume] (Burlington [Iowa]) 1852-1855, 1855-02-27
BURLINGTON TUESDAY. FEBRUARY 2z 1855

guilty is rendered. The second and third
however, mentioned in this section shall be ccnstrue
TO mean convictions separate indictments or infor
nations.
SEC I. No person shall own or keep, or be in an
way concerned, engaged or employed in owning 0
keeping any intoxicating liquor with intent sell th
same in this State Tor to permit the same to be so
theren IN violation Of the provisions Of this net an,
any person who shall own or keep, be concerned
or en.aged or employed in owning or keeping sucl
liquor with any such intent, shall be deemed guilt
OF msdemeanor, and shall On his first conviction fo
SAID oensc pay fine Of twenty dollars and the cos
OF the prosecution and stand committed until the sam
be paid. On bis sscond conviction for said offence h.
shall pay fine Of fifty dollars and the costs of prose
utlon. and shnli stand ccsnmtt until the same b,
paid; and on his third and every subsequent convic
ion Tor said offence. he shall pay fine of one hnn
drei dollars and the costs of prosecution and shall b
imprisoned in the county jail not less ffan three no
more than SIX months And upon the trial Of ever,
indictment information fer vicla ion Of the prov
sons Of this section proof Of the finding Of the liquor
named in the indictment or information in the pos
dwelling house or its dependencies (or in such dwell
ling honse or dependencies if the same be tavern
pubic eating house. grocery. other place of public
resort shall be received and acted upon BY the court
as presumptive evidence that such liquor was kept
hel0 for sale contrary to the provisions Of this act
SEC. g. In Of violation of the provisions of Ell
ther Of the three preceding sections the building
erection Of whatever kind or the ground itself in or
upon which such an unlawful sale or manufacture or
Keeping with intent to sell, o. any Intoxicating liquor
is carried on, or continued exsts is hereby declar
ed nuisance and may be abated as the law provides;
and in addition to the penalties prescribed in said
tions whoever shall erect establish or cont, ue
Use any building erection place for anv of the pur-
poses prohibited in said sections shall be deem gull
~ OF a. nuisance and may be pros cued and punished
accordingly, in the manner provided by law. And
proof of the manufacture, sale keeping with intent
to SELL Of any intoxicating liquor in violation Of the
provisions Of this act in upon the premises desert
bed by the party accused or by any other person.
der the authority or by the permission It the party
accused shall be deemed sufficient as prcsumpye evil
dencc. Of the offence provided for in this section
SEC 9. LII any three persons residents Of any coun-
W shall, before Justice of the peace, for the
county, make written information, supported by their
oa'h or affirmation, that they have reason believe
and do believe, that any Intoxicating liquor described
as particularly may be- in said nfor nation is in
said county, in any place described particularly az
may be in said information, owned or kept by any
person named described in said informal - rs
particularly may be, and is intended by i'm ia be
sold in violation of the provisions Of this act said Jus
ice SHALL (upon finding probable cause for such nfor
nation issue his warrant OF sea ch directed to any
peace officer in tine county describing particularly
as may be. the liquor and the place described in said
info nation AMI the person meu described in said
Information, as the owner or keeper of said liquor,
and commanding the said officer to search thorougl!
said place, and to seize the aid liquor, with the
sells containing it, and to keep the securely until
final action be had thereon whereupon the sad peace
atccr, to whom su,h warrant shall be defere shall
forthwith obey and execute, fur he shall be be,
the commands of said warrant, d make return Of
bis doings 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 grocery other place Of public
resort is kept warrant shall be issued unle
one at least of SAID compainants shall oath or af-
rmaou declare before said Justice that he has
to believe and do. believe, that within month
next before the making of said information, ntoxca-
ting liquor has been. in violation OF this aet sold in
sand use, or in some dependency thereof by the per-
accused III said lnfnrmatson, by his consent or
permission, nor III less from the facts and crcumstan
disclosed by such complaint such Justice. the
said Justice shall be Of opinion that sid mplainant
has adequate reason for such belief.
SEC. ~. Whenever upon such warrant such IL
iuDrs shall have been seIzud the Jstcc who issued
such warrant shall, within fUity-vight hours afte'
sucn seizure, to be left at The place where SAID
iIquor zed, il said place be dwelling house,
store or shop, posted III conspicuous y
about said bung. and also to Dc left Win at the
iast known AID usual place Ut residence u the per
ION nam d. described III said infos ton, az the
owner or keeper Vt said liquor II he be resldeit OF
his State, notice sLnnloning sucn person, and all
other. whom it may cncerii, 10 appear before saiu
Justice ut place and time named In SAID notice,
(Which time shall not be less than five than
ntlecn days after the posting and leaving OF SAID no
tices anu show cause II amy they Lave, why sad II
quur together with the vessels in which the same Is
Contained. should not be frfeited and said notice
shall wlth reasonable certainty describe said liquor
aud vessels, and shall state where when and why the
same were seized. At the tfme and / prescribed
in said net ce the person nam,d in said .nfo nation,
or any utner person persous eliimn lit est IN
said inur and vessels, Or any part there's T. may ap
pear and show cause why the same should not be for
feted. If any person shall then and there appear,
he shal become a party defendant in said case, and
said Justice shall make record thereof, whether any
person shall 50 appear not said Justice shatl at
the pre- crbed time proceed to the trial Vt said case,
and said cumplainants, or either OF them, may and
upon their default the officer having such liquor an
custody shall appear before said Justice, and prose
SAID in fo and show cause why suca liquor
should be adjudged forfeited. The proceeding in the
trial Of such case may be the substantially in
eases Of m,sdcmeanor tryabe before justices Of the
peace, ana if any person shail appear and be made
party d. femdent as herein provided and shall make
written plea that said liquor or the part thereof,
claimed by him not owned or kept with intent to
ob scd in violation Of this ac such party dcfenden
may at his op ion demand jury to try Inc issue and
if upon the evidence then and there presented, the
said jus Ice Or jury a. the case may oe shai ma ior
verdict, that said liquor was when seized owned or
kept by any person whether said party deendent Or
no the purpose Ut being sold iii violation OF this
Set the said justice shall render Judgment that saiu
liquor said part thereof with the vessels in which
1t Is contained, il forfeited, ii person be made de-
fendent in manner aforesaid if judgmen. be made
in favor OF all the defend nts, who appear and are
made SUCH then the costs of the shall be paid as
in ordinary criminal prosecutions where the prosecu
ton fails Ii the judgment shall BE- against only one
party defendent appearing aforesaid. ne shall bt
aujudged to pay all the costs of the proceedings IN
he seizure and detention Of the liquor claimed BY
him up to that time and Of said trial But if suct
judgment shall be against more than one party de
iendent claiming distinct interests in said liquor thcI
the cost Of said proceedings and trial shall be accord
ing to the discretion Of said justice equtaby appor
toned among said defendents and execution shall b
issued such judgments against said defendants fol
the AMOUNT Of the costs SO adjudgd against 'hen.-
And any person appearing and becoming party DC
iendent rs aforesaid. may appeal from said judgmen
OF forfeiture as to the Whale or any part Of said auo,
med hx him and adj llvel farf.ited