Demoine courier., 1855-03-22

uhN osuth eHS AOAN otu WY =
the same were seized. AT the time and
place prescribed 10 said notice. the per
son named in said information, or any
other person or persons claiming an in.
terest in said liquor and vessels, or any
par. thereof. may appear and show cause
why the same should no, be forfeited.-
IL any person shall then and there so ap.
pear, be shall become a party defendeni
in said case, and said Justice shall make
a record thereof, whether my person
shall SO appear or not. said Justice shall
a, the prescribed time, proceed 10 the
trial of said case, aud said compliments
or either Of them. may and upon their
deiaul, the officer having such liquor in
custody shall appear before said Justice,
and prosecute said Information. and show
cause why such liquor should be adjuda.
ed forfeited. The proceeding in the trial
Of such case may be the same subs,an
TALLY as in cases OF misdemeanor. iriable
before justices Of the peace, and if any
person shall appear and be made a party
defendeni as herein provided, and shall
make written plea tina, said liquor or the
part. thereof ciaiG,ed by him, was not
owned or kept with intent to be sold in
violation Of This act, such party defend
ent may At his option demand a jury 10
ny The issue, and if upon ,he evidence
then and there presented. The said JUS
tice or jury as the case may be, shall
End for verdict. that said liquor was when
seized owned or KEEP, by any person
whether said party defender. or no,)
Tor the purpose OF being sold in violation
Of this aci, The said justice shall render
judgement, that said liquor or said par,
thereof, with the vessels in which il is
contained. is forfeited. Ii no person be
mao. tefendens iE mi aforesaid. or
N judgement; hein favor of all the defend
sn's. who appear sna are made such.
then the costs Of the proceeding shall be
paid as in ordinary criminal prosecutions
where 1aa prosecution tails. II the
judgement shall be against only one party
t.efen9ent appearing as aforesaid, he shall
Ss adjudged 10 pay all the costs of the
proceedings IN the seizure and detention
Of the liquor claimed by him up TO that
time and Of said trial. But il such
Judge q, let shall be against more than one
party MISUNDERSTANDING dis,inc, interests
in said liquor, ti.en the costs of said pro.
~seedings and trial shall be according to
the discretion OF said justice. equiiably
appor,ioned among said defendants and
execution shall be issued on such Judge.
men,s egainct said defendants for the a.
mount Of the costs so adjudged agains,
them. Anc any person appearing and
becoming party defendant az aforesaid,
may appeal from said judgemen. Of for.
fixture as 10 the whole, or any part of
said liquor and vessels claimed by hin
and so adjudged forfeited. to the next
term OF the district cour, in said county.
if on The rendition of the judgement, he
or some person Cor him, shall make or
cause to lie made, ar affidavit, stating the
facts. showing :he alledged errors in the
proceedings OF judgement complained of;
and if also on said rendition Of judgement,
he shall file with the ~jus,ice a written
undertaking in a sum and with securities
70 be approved by said justice. tina, said
%defendent will prosecute the appeal with
on, delay. and vii! pay Whatever sum
may be adjudged against him in the fur
lher progress Of the action. On the al.
lowing Of such appeal The justice shall
file in the Office Of the clerk Of said die.
'ric, court. a certified copy Of the entries
on his docket together with all the under.
,akings aud papers in the cause, in the
same manner AZ is provided in cases Of
misdemeanors triable before a Justice Of
the peace. And il The party so appeal
ing shall fail to appear before said dis.
,fic, court 1t the next term thereof. and
on the frslday Of said Term TO prosecute
his appeal. the said court shall without,
further proceedings, affirm the judgement,
from which such appeal was .aken.-
But if the party SO appealing shall ap-
gear, and if on trial had upon the issue
or otherwise as the case may be, il be
found that said liquor in respec, to which
an appeal was taken, was when seized.
owned or KEEP, by airy person for the pur
pose OF being sold in violation Of the act
then said liquor and the vessels contain
ing it. shall by said cour. be adjudged
forfeited, and the said court shall adjudge
said d~elendens to pay the costs arising
upon said appeal in addition to the costs
adjudged against him by the justice Of
the peace.
SIC. II. Whenever it shall be finally
decided that liquor seized as aforesaid 10
forfei'ed. the justice OF the peace or other
cour, rendering final %judnement Of for
f%ei,ure. shall issue to The officer having
said liquors in custody, or to some other
pence officer, q written order directing
him forthwith to destroy said liquor. and
the vessels containing the same, and i'm.
med,a,ely thereafter to make return ol
said order to the our whence it issued,
with his doings endorsed thereon, which
return shall in cases be sworn 10. When.
ever j. shall be finally decided that any
lianop AZ seized n mi l;ahlo IN forfoituro