The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1855-01-24
AN ACT
FOF THE SUPPRESSION OF
Il NTE M Il II K A u G IL
(CONCLUDED)


any such device or contrivance specified in
the next preceding section for the purposes
therein specified, shall be deemed TO be guilty
of misdemeanor; and, upon conviction
thereof, shall be fined in any sum Tot less
than fifty dollars nor ,rore than five hundred
dollars, and imprisoned in the county Jail,
not less than three months, nor more than six
months, and until the fine and cost arc paid
or repievied. .-.-.--------
SEC II any person shall be found ip
state OF intoxication, it shall be the duty Of
any sheriff, or his deputy, constable, or mar
shal Of city TO take such person into
custody, with or without warrant, and,detain
him in some proper place until he shall have
far recovered from ntoxication as to be
capable of testifying in a court OF justice;
and shall then bring lin before some mayor,
justice of the peace, or judge OF the townior
county for examinations, touching the per-
sons, time, and place connected with his
intoXication; and il he will make full dis
closures, under oath, regarding the person
or persons of whom, the time, place, AM
manner in which the liquor producing his
intoxication was procured, and the crcum-
stances attending it, the officer before whom
such person is taken shall reduce such exam
ination to writing, and cause the person so
exa mined to verify il. /: upon such exam
ination such officer shall be satisf ed that
any person whose name is disclosed in such
examination, has been guilty OF, any viola
ton OF the law relative to the manufacture
or sale of spiri,uous or intoxicating liquor,
such officer shall issue a warrant and Cause
the person accused to be arrested and tried,
convicted, held to bail, or acquitted in due
form Of law. The person so taken in state
of intoxcation shall be detained in custody,
or held TO bail until the trial of the complaint
before the JUSTICE. If the person so taken
| in a state OF intoxication refuse TO make dis
closure as a witness, he shall be committed
to the Jail OF the county, and imprisoned
until he shall voluntarily make disclosure,
under oath, to the full extent OF his knowi.
edge, touching the matters above directed to
! be required OF him. Ii it shall be found,
upon such examination, that the intoxication
of the person arrested was produced by any
Intoxicating liquor kept by himself, the officer
taking the examination, thereupon issue his
warrant and cause the liquor TO be seized,
and. declare it to be a nuisance, according to
| law, and order it to be delivered to the agent
oil the county duly authorized to sell intoxi.
eating liquor, to be by him disposed of ac-
cording To law. The person ex AHMED and
making the disclosures shall not be prose-
cuted tor any otieDse connected with bis
disclosure. Whenever it shall appear from
the examination Of the person found intoxicat-
ed, that he procured the liquor at a place
described by him, but by means Of a device
or Continuance, the person procuring the
liquor could not know or identity the person
dealing out or selling it, the same proceedings,
as above required, shall forthwith be had
before the officer taking the examination to
declare the device or contrivance to be u
nuisance and for the abatement Oft the same.
SEC When it shall be made to appear
to any Mayor, or justice Of the peace, or
Judge OF the Court of Common Pleas, that
any person has been in state ofintoxica-
ton within thirty days before the time OF
the complaint, the Mayor, justice, or judge
shall issue his warrant. and cause such per-
sun to be arrested and tried without uneces.
sary delay; and if the officer or jury trying
the cause shall find that the accused was
intoxicated as charged, he shall be detained
in custody and Imprisoned until he will
voluntarily make disclosure, according to
the circumstances OF The case, as is required
OF person t1ken in state OF intoxication.
A nd the same proceedings shall be had upon
such disclosures as are required in the next
proceeding section. Any person imprisoned
for the contempt for refusing to make such
disclosures, may be taken before some proper
officer, at any time, upon his request, to ma Ike
such disclosure. -TD -
SE,.- II any person shall mix drugs with
any sprituous or Intoxicating liquor, TO sell
the same to be used as a beverage, or shall
keep for sale, or sell any drugged liquor to
be used as a beverage, he shall be deemed
to be guilty of misdemeanor; and, upon
conviction thereof he shall be fined in any
SUN not less than City dollars. nor more than
FIVE hundred dollars, and be imprisoned in
tie county Jail thirty days, and until the fine
and costs are paid or replevied. The pos
session of such drugged liquor, with the usua
vessels and furniture for selling liquor, shall
be presumpiive evidence that such drugged
liquor was kept for the purpose ofillegal sale.
| SEC The costs of the arrest, detention
and examination of person having been
intoxicated, shall be paid by himself, ii taken
in state OF intoxicatlon, or if he is found
guilty Of, intoxication upon the trial. but he
shall not be imprisoned for such costs.
SEC = No person who shall have been
engaged in the unlawful m nufacture or sd lie
of intoxicating liquor, or who shall have kept
any intoxicating liquor Tor unlawful sa e,
shall within two years thereafter. or who
shall have been intoxicated, within one year
thereafter, be competent juror in the trial
of any prosecution, under the laws, touching
the unlawful manufacture, sale or keeping
for sale OF any .spirituous or intoxicating
i liquors. Any person summoned 40 a juror
may be inquired Of, under oath, as to his
competency relative to the matters specified
in this section; and the person inquired o.
shall make full and true answers, but his
answers shall not be used against him in an
prosecution for the same matter tf-