Burlington tri-weekly hawk-eye. [volume] (Burlington [Iowa]) 1852-1855, 1855-03-03
BURLINGTON, SATURDAY, MARCH 3. 1855


however, mentioned in this section shall be
% mean convictions on separate indictments or info
nations
| SEC Z. No person shall own or keep, OF be in an
way concerned, engaged or employed in owning Q
Keeping any Intoxicating liquor with intent Il, sell tn
same IN tins State, Tor To permit the same to be sol
herein in violation Of the provisions Of this act an
any person who shall own or keep, or be concerne
or ensaged or employed in owning or keeping sucl
liquor with any snch INTENT shall be deemed pu;It
OF misdemeanor and shall on his first conviction fo
said ohense pay fine Of twenty dollars and the cos
OF the prosecution, and stand commit ted until the sam
be paid On his second conviction for said offence n
shall pay fine Of fifty dollars and the costs Of prose
paid; and on his third and every subsequent conyic
tien for said offence he shall pay fine Of one hun
dret dollars and the costs Of prosecution end shall bt
imprisoned in the county jail not less than three no
more than six months. And upon the trial of every
indictment or information fer violation Of the proyi
sions Of this section 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 if the same be tavern,
public eating house. grocery other place Of public
resor shall be received and acted upon by the court
as presumptve evidence that such LIQUOR was kent or
held for sale contrary to the provisions Of this act
Sec g. In case Of violation of the provisions of Ell
ther OF the three preceding sections the building
erection of whatever kind, the ground itself in or
upon which such unlawful sale or manufacture. or
Keeping with intent to SELL o. any intoxicating LIQUOR
is car!.r on, continued exists is hereby declr-
ed nuisance. and may be abated as the law provides,
and in addition to the penalties prescribed in said
tlons. whoever shall erect establish cont ue or
use any building erection place for anv of the pur
poses prohibited in said sections, shall be deem gull
y OF nuisance, and may be pros cu.ed 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
III ri or
bed by the party accused by any other person.
der the authority or by the permission tf the party
accused shall be deemed sufficient presumptive ev-
dence Of the offence provided for in this section.
SEC. 3. LII auy three persons residents of any
ty shall before justice Of the peace for the same
county, make written nforma tion supported by their
oath or affirmation, that they have reason to beevc
and do believe, that any intoxicating liquor, described
as particularly as may be, in said infor nation. is in
said county, in any place described particularly
may be in said information, owned or Kept by any
person named or described in said information n as
particularly may be, and is intended by i'm to be
sold in violation Of the provisions Of this act said JUS
tice shall upon finding probable cause for such infor
nation issue his warrant Of CHI, directed to
peace officer in tine county describing as particularly
rs may be, the iquor and the place described in said
infoi nation and the person described in said
information, as the owner or keeper Of said liquor
and commanding the said officer to search thorough,
said place, and to seize the said liquor with the
final action b. had thereon; whereuppn the said peace
,ficer, to whom su,h shall be dclirere shall
forthN ith obey and execute far he shall be able
the commands uf said warrant make return of
has dongs to saa Justice, am shall securely Ike all
liquors so seized by him. ami the vessels containing it,
until final action be had thereon PaeviDED HONEY
Err that if the place to be searched be dwelling
house in whi:h any family resides, and in which no
tavern eating house, grocery or other place CT public
resort is kept, warrant shall not be issued un!cs
r. Is shall
rmatic declare before said Justice, that he has
son believe, and DOES believe, that within Gne month
next before the making Of said information, intGxca
ting liquor has been, in violation Of this act sold in
said use, in dependency thereof by the per-
!, accused in said nfnrmatsop by his consent or
nor III less from the facts and circumstan
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 J"stcc, who issued
such warrant shall, within folty-cight hours after
such seizure cause to be left at the place where said
auur was Sc zed, il said place be dwelling house,
store shop posted in some conspicuous pace On or
bout said building and also to be left with or at the
last known and usual place ut residence u the per
.on nam d. or described in said information, the
owner Ur keeper of said liquor If he be resident OF
his State, a notice summuning such person, ard all
others whom it may concern, to appear before SAID
Justice at a place and time named IN said notice,
(which
fifteen DAYS after the posting and leaving Of said no.
tces ana show cause if any they lave, why sad IL
our together with the vessels in which the same Is
conta med should not be forfeited; and said notice
shall with reasonable certainty describe said liquor
and vessels and shall state where when and why the
same were seized. At the time and &C prescribed
in said not ce the person named In said nfo nation,
oi any other person persons clam an iLs.iest III
said liquor and vessels, any part there 1, may ap
D, ar and cause why tue same should not De for
la ltit. arraar
telted Ii any person shall then ana theie appear,
he shal become il party defendant in said case, ana
said Justice shall make record thereof whether any
person shall ~ appear not, said Justice shall at
the pre- cbed tme proceed to the trial OF said Case
and said complainants, or either OF them, may ana
upon their default, the officer having such liquor IN
custody shall appear before said Justice, and prose
cute sad information and show why sucntquor
should be adudged forfeited The proceeding IN the
trial of such ease may be the substantially as III
eases Of msdemeanor, tryable before Justices VI the
peace and il any person shal appear ana pc maze
party d. fcndent herein provided and shall niake
written plea that said liquor or the part thereof,
claimed iy him was not owned kept with intent to
ob scd in violation Of this act. such party defendent
may at his op demand jury to try he Issue ana
if upon the evidence then and there presented, inc
said us ice Or Jury the be, shall hnd tor
verdict that said liquor was when seized owned Ut
kent by any person whether said party defendenf or
no1 f the purpose OF being sold IN violation OF th
act the said justice shall render Judgment that sala
liquor or said part thereoI, Win the vessels ~ "n.
it s contained il forfeited, if person be made de-
fendent in manner aforesaid or if judgment be made
in favor Of all the defendants, who appear and are
made such then the costs Of the case shall be paid as
in ordinary criminal prosecutions where the protecu-
tion fails If the judgment shall be against only enc
party efendent appearing as aforesaid. he shal PC
a,udged to pay all the costs OF the proceedings Ia
the seizure and detention of the liquor claimed by
him up to that time and Of said trial But If such
judgment shall be against more than one party de-
fendent claiming distinct interests in said liquor thtI
the Of said proceedings and trial shall be accord
ing to the discretion Of said justice equitably appor
tened among said defendens. and execution snal o
Issued on such judgments against said defendens fo'
the amount Of the costs 80 adjudgtd against 'hem-
And afy person appearing and becoming party dc
fcndcnt as aforesaid, may appeal from said JudgmeE
of forfeiture as to the whole or any part of said liquor
iIncd hy him and adj ldgel fOrfntcd