The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1855-03-10
U,xrs TO FARMERs.-When fe..il
:. 18th corn. sixty pounds. gy " ~

the SHCrU OF llc ~VNltli "iH hVP"ts VI any
constable Of said county, or GI to be eNecu-
ted within the limits OF a city, to the sheriff
of the county, his deputy, or any constable
of the county, or city, marshal oil sad city
or his deputies, describing as nearly as may
DC the LIQUOR and the place described IN SAD
yomplaint, and the person described IN said
COMPLAINT as the owner or keeper oil sad IL
amor and commanding said officer to search
thoroughly the said place, to seize saId IL
,unr win the vessels containing 1t, and to
tccn The same securely until final action be
lad thereon: Proriitd, horsrer, that if the
nlace 10 be searched he dwelling house IN
which any family resides, aud in which no
cavern. or eating house, grocery or other
place Of public resort is kept, such warrant
Shall not be issued, unless one at least o!
said complainants shall on oath or aifrma-
ton before said justic or police magistrate
declare that he has reason to believe, ana
aoos believe, that within one month next
before the making of said complaint, spirit
nous or Intoxicating liquor, or mixed liquor,
of which part is spiritUous or intoxicating,
has been. in violation Of this act, sold IN
said house or in some dependency thereof,
by the person accused in said complaint, or
by his consent or permission; nor unless
from the facts and circumstances disclosed
by said complaint, or by his consent or per-
EMISSION nor unless from the facts and cir
cumstances disclosed by said complainant to
said Justice or police magistrate, said justice
or police magistrate shall be of opinion that
said complainant has adequate reason for
such belief Whenever the offence shall be
alleged to be without and beyond the limits
of an incorporated town or city, then the
complaint herein provided for may be made
by any residents of the county before any
Justice of the peace of the county, and war
rant Of search may be issued by such justice
in the manner herein above provided.
sl3. Whenever upon such warrant such
liquor shall have been seized, the justice or
police magistrate issuing said warrant shall,
within forty.cight hours after such seizure,
cause to be posted upon some public place
within such town, city or Gin case the said
liquor is so found without the limits of an
incorporated town or city, county, and to
BE left at the place where said liquor was
seized, if said place be n dwelling house,
store or shop, and to be left with or at the
last usual place of abode of the person ma
med in said complaint as owner or keeper of
said liquor, if such person be n resident of
this State, notice sulnmoning such person
and all others whom it may concern to ap-
pear before said justice or police magistrate,
ut place and time named in said notice,
which time shall not be less than two nor
more than four weeks after the posting and
leaving of said notices, and show cause, if
any they have, why said liquor should not
be forfeited with the vessels containing it
nj nation ohn III a.; ia la in
ty describe said liquor and vessels and state
where, when and why the same were seized.
At the time and place prescribed in said no.
tice the person named in such complaint, or
any person claiming an interest in said IL
quOr and vessels, or any part thereof, may
appear and show cause why the same should
not be forfeited. If any person shall then
and there so appear nc shall become party
defendant in said cause, and said justice or
police magistrate shall make record there
of Whether any person so appear or not
said compliments, or either Of them, and
upon the failure of such compliments, the
officer having such liquor in custody shall
appear before said justice of the peace or po-
lice magistrate, and prosecute said complaint
and show cause why such liquor should be
adjudged forfeited, and said justice or police
magistrate shall make a record Of such ap-
pearancc and the name Of such prosecutor,
and shall proceed to inquire whether said IL
quor and vessels be liable to forfeiture and
if upon the evidence then and there prcscn-
ted to him, he shall find that said liquor or
any part thereof was, when seized kept or
carried by any person for the purpose Of be-
ing sold or given away in violation Of this
act, said justice or police magistrate shall
sender judgment that said liquor, or said
part thereof, with the vessels in which it is
contained, is forfeited. If no person be
made defendant in manner aforesaid, or il
Judgment be in favor Of all the defendants
who appear then the costs of the proceed
ings shall be paid by the city, town or Gf
the said liquor is found as aforesaid without
and beyond the limits of an Incorporated
town or city, county. If the judgment Of
said justice or police magistrate shall be
against only one defendant appearing aforc-
said, he shall pay all the costs of the pro-
ccedngs of 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 defendant clai-
ming distinct interest in said liquor, then
the costs Of said proceedings and trial shall
be cqutably, according to the discretion Of
said justice or police magistrate, apportioncd
among said defendants and in either case
such costs shall be collected by execution or
executions issued by said justice or police
magistrate agains. the property, and Gf said
executions are issued by police magistrate)
bodies of the defendants whose duty it is to
pay the same, and paid into the treasury CT
the town, city or county, as tho case may
be, where the said liquor was seized. And
If any such execution shall not be forthwith
paid, the defendant in execution, if said ex.
ecution shall have been issued by n police
magistrate, shall be committed to Jail, and
shall not be released thercfrom until he shall
have paid said execution and the costs of his
commitment and detention or il said exc
cution is issued by police magistrate, until
he shall have been imprisoned thirty days at
least. The said justice of the peace or police
magistrate shall have power to continue to
another time not exceeding fifteen days, the
hearing Of the question OF forfeiture as here
in provided, and also to adjourn the same
from day to day until determined. ANY
person appearing as aforesaid may appeal
from said judgment of forfeiture (as to the
whole or any part Of the liquor and vessels
so adjudgcd foricitcd) to the circuit court
next to be holden in the county wherein such
Judgment is rendered, but his appeal shall
not be allowed until he shall give bonds with
good and sufficient security, to be approved
by the justice or police magistrate before
whom said judgment shall be rendered, to
the treasurer of the town, city or county, as
the case may require, in such an amount as
said justice or police magistrate shall order,
not less than five hundred dollars, condi-
toned that he appear before said circuit
court and prosecute his said appeal, and
abide the order of the court thereupon and
also that he will not during the tendency Of
said appeal violate any of the provisions of
this act; and in each instance in which any
such appeal or appeals is or are allowed, said
justice or police magistrate shall transmit to
the clerk of said court within ten days
thereafter and ON or before the first day of
the term to which said appeal or appeals
shall be taken, a copy of said record, by him
made, of the original complaint, and of all