Burlington tri-weekly hawk-eye. [volume] (Burlington [Iowa]) 1852-1855, 1855-02-15

ball nav ue ~ ftr dollars and She cdsts Of prc.s-
ution and shah stand commit until the alnc be
pn i'd AMI on his third and every subsequent consic-
ton for said offence BE- shall pay line " one hun
ld.ars and the costs Of prosecution, and sai be
imprisoned IN the county jail not less than three no
moe than Elk months. AMI upon W, trlal W every
indictment Or Information fer violation Or the Irovt-
,ions of this section. proof Of the finding Of the qu
named in the indictment information in the pos
session If the accused, in any place exc III a. private
dwelling house iss dependencies, Tor IN sucn dwell
ling house dependencies if the same be tavern,
pa5c eating house, grocery or other place OF public
resort shall be received and acted upon by the court
A. i.sesumptve evidence that such liquor was kept or
held for sale contrary 70 the provisions Of this act
SIC. s. In " viola ton Of the provisions VI ci
ther of the three preceding sections, the building "
erection Of whatever kind tho ground itself in or
upon which such an unlawful sale mannfacturej or
keeping with intont 20 sell, o. any Intoxicating liquer
scarried on continued, or exists, IS heFeb. .ei.r
cd nuisance, and may be abata as the law provides
and in addition q t penalties prescribed in said sec
,ons shall erect, establish, or continue, or
u~e any building erection place for any OF the pur
poses prohibited in said sections, shalt be deem gull
" Of nuisance, and may DC prosecuted ana punished
/ accordingly, in the manner provided by law. Ana
proof Of the manufacture sale keeping with intent
to SELL Of any intoxicating liquor in VIC alton It the
provisions Of this act upon the premises desert
bed BY the party accused, by any other person. I'M
der the authority by the permission the party
accused, shall Be dscmed sufficient as prcsumpsive evil
dence, OF the offence provided for in this secon.
Sec 8. If 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 or affirmation, that they have reason to believe,
and do believe, that any Intoxicating liquor described
as particularly may be- in said nfor nation, is in
said county, any place described particularly
may be in said information, owned or kept by any
person named or described in said information, as
particularly as may be- and is intended BY i'm to be
sold in violation Of the provisions Of this act, said
tice SHALL upon finding probable cause for such nf
nation issue his warrant Of search, directed to any
peace officer in the county, describing particularly
may be- the liquor and the place described in Said
and the person namoa 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 YES
sells containing it, and to keep the securely until
final action be had thereon whereupon the sad peace
officer, to whom such warrant shall be dcsere shall
forthwith obey and execute, SO far as he shall be able
the commands 1t said warrant ard make return OF
his doinys said Justice an shall securely keep all
liquors 20 seized by him. and the vessels containing IT,
until final action be had thereon PRovDEp, now ~
Err that il the place to be searched be adweng
house i'll which any family esdes, and in which no
Gazing grocery or other place OF public
resort is kept, warrant shall not be- issued unless
one at least of said complainans shall, oath f.
frmaton, declare before said Justice, that he has
son to believe ard docs believe. that within month
next beforethe making of said Information, ntoxica
ting liquor has been in violation Of this act, sold in
said USE or in some dependency thereof by the per
accused in said infprnatsn by his consent OF
permission, less from the facts and circums
ces disclosed by such complaint to such Justice, tho
said Justice shall be of opinion that lid complainant
? has adequate reason for such belief. = = -
Q @sf TConcluded in next.