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

violation OF this Act, as in other cases
SEC. IS. No defect in any bond,
or writing. or recognizance, with Sc
curity required by this Act, shall, in
any manner, invalidate the same but
the person executing il shall be bound
to the full extent Of the law requiring
the bond. writing, or recognizance.
Sec. Sc. Every person who has
been authorized to manufacture spirit.
Gus and intoxicating liquor, and given
bond with sureties therefore and ey
cry person who has been appointed an
agent to purchase and sell spurious
and intoxicating liquor, and has CIV
en- bond and security therefor. ms re-
CURED by law, may be prosecuted in
the circuit court, or court Of common
pleas, with his surety upon his bond.
for breach Of the condition thereof,
and may be prosecuted in a criminal
proceeding for violation Of the law.
and the penalty Of his bond shall be
declared forfeited for the same viola.
tlon of law, any payment made upon
the fine imposed in the criminal case
shall be credited upon the judgment
rendered upon the bond.
Sec. 81. 1t shall not be necessary
in any complaint, affidavit, or infor-
nation, under the provisions Of this
Act. to allege that the offence charged
was second, third, or any subse-
quent ofense BY the accused person
against the same provision of this Act:
but if shall appear in evidence upon
the trial that the person accused has
been before convicted of the same Of
tense with which he stands charged.
the mayor. justice. or court shall rem
der judgment accordingly.
Sec. SO. In the construction of the
Act. words importing the singual.
number only may also be applied to
The plural Of persons and things: and
words importing the masculine gender
only may be extended TO females also
SEC. 80. All acts and parts of acts
inconsistent of this act are hereby re.
Ipealded; but such repeal Of any former
act shall not affect any suit, proceeding
or prosecution commenced or prescott
ed under the same; and all such suit,
proceeding and PROSECUTIONS now pend
ing hall oe prosecuted TO final Judge
mentand execution, in the same manneI
as if such law. were not repealed.
SEC. 40. The term magistrate, Al
used in this act, includes justices o
the peace. mayors of cities, and Judges
OF the courts Of common pleas, during
the. sitting Of said court
SEC. al. No spirituous or intoxicating
J liquor shall be given away, or be KEEP
with intent to be given away. in an,
tavern, boarding house, public eatin:
house, grocery, oyster shop, store
bar-room, confectionery, or other plac,
of public resort; or any steamboat
I or other craft, carrying passengers
. and for any violation Of this section
the person so offending shall be fine,
. toIthe same extent as for selling sue
liquor contrary to this act.
Sec. AZ. This act shall take eifec
: and be in force from and after tn
Twelfth day of June next and the Sec
rotary OF State shall cause one thou
sand copies thereof to be printed i
| pamphlet form, as soon as PRACTICABLE
Q and transmit three copies Of the sam
s to the clerk of each of the circui
I courts Of this State, who shall file th
same in his Office; ..and said clerk shal
: Immediately upon the reception Q
such copies, forward a certificate, un
4 der the seal of such court, to the Sec
I rotary Of State, and like certificat
: to the Governor, of the time of tn,
filing Of this act. in his Office an
when such certificate has been receiy
ed from all the counties Of this State
!. the Govrnorshall publish his proclams
j ton stating such fact, which shall b
: received in evidence, in all courts j
Q this State. of the fact of such fling.