Demoine courier., 1855-01-18

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which order the officer, after obeying the
commands thereof, shall return to the
said Court, with his doings thereon en-
dorsed, and the costs of the proceedings
in such case, attending the restoration, as
also the costs attending the destruction
OF such liquor in case of forfeiture shall
be taxed and paid in the same manner as
is provided in case Of ordinary criminal
prosecutions, where the prosecution fails.
SEC. IL. If any person shall be found
in a stale OF intoxica,ion, he shall be
deemed guilty Of a misdemeanor, and
any peace officer may, without warrant,
and it is hereby made his duty, to take
such person into custody, and to detain
him in some suitable place till Air infor-
nation can be made before a magistrate
and a warrant issued in due form, upon
which he may be arrested and tried, and
if found guilty he shall pay a fine of ten
dollars and the costs Of prosecution, and
shall be imprisoned in the county Jail
thirty days. Blu. the magistrate before
whom such person is tried and convicted,
may remit any portion Of such penalty,
and order the prisoner to be discharged
whenever he shall become satisfied that
the objects of this law and the good of
the public and Of the prisoner will be ad
vanced thereby. In cases arising under
this section, appeals may be allowed as
in cases of ordinary misGemeanor within
tho jurisdiction Of justices Of the peace.
SEC. ID. No person who may be; or
who, within n year next before the
trial of any prosecution for a violation
OF this act, in which trial he may be call.
ed to sit as a juror. may have been enga-
ged in the unlawful manufacture or sale.
or keeping for sale. of intoxicating liquor.
shall be competent to sit upon any jury
in any case arising under this act; and
any juror may be Intercepted by the
prosecuting officer or by the Court as to
whether he is, or has been, within one
year next preceding, so engaged; and no
answer which such juror may make to
such inquiry, and no refusal on his part
TO answer such inquiry, shall be offered
or used agains. him in evidence, in any
case whatever, and he may, il he choose,
refuse to answer: if however, he do SO
refuse, or if by his answer, the Court
shall deem him incompetent, within the
meaning and intent of this section, to si,
as a Juror in said case, he shall be dis
charged.
SEC. Ia. In any indictment or infor-
nation arising under this act, il shall not
be necessary to set out exactly the kind
or quantity of intoxicating liquor manu-
fac,ured, or sold or kept for purposes of
sale: nor the exaci time Of the manufac.
ture or sale or keeping with intent TO sell,
but proof of The violation by the accused
of any provision of this act, the SUBJ
stance Of which violation is briefly set
forth, within the times mentioned ia said
indictment or information, shall be sufi.
Gent to convict such person; nor shall it
be necessary in any Indictment or infor.
nation to negative any exceptions con-
tanned in the enacting clause or else where
which may be proper ground of defence;
and in any prosecution for u second or
subsequent offence az provided in this
act, il shall not be requisite to set forth
in the indictment or information, the
record of a former conviction, but it
shall be sufficient, briefly to allege such
conviction; nor shall il be necessary in
every case to prove payment in order to
prove a sale within the true meaning and
intent of this act. And the person pur-
chasing any intoxic a,ing liquor sold in
violation Of this act, shall in all cases be
a competent witness to prove slch sale.
SEC. Is. A justice of the peace shall
be entitled to receive, for causing notices
to be posted up and left, pursuant 10 Sec
ton 10, fifty cents; for issuing an order
pursuant to section IL. fifty cents; and
the officer who shall make service Of any
warrant for the seizure of any intoxica-
ting liquor shall be allowed for such ser
vice the sum Of one dollar; for the reno.
val and custody of such liquor, his rea.
sonable expenses and one dollar; for de-
livery or destruction of liquor under or.
der of court, his reasonable expenses and
one dollar; and for posting and leaving
notices, pursuant TO section ten, n dol
lar.
SEC. Is. All payments or compensa-
lion for intoxicating liquor hereafter sold
in violation of this act. whether such pay
ments or compensation be in money,
goods. land, labor, or ANYTHING, else
whatsoever, shall be held to have been
received in violation of law, and against
equity and good conscience, and to have
been received upon : valid promise and
agreement of the receiver. in considera.
ton Of the receipt thereof, to pay on de-
mand TO the person furnishing such con-
sideration, the amount of said money. or
the just value Of such goods, land, labor
or other thing. All sales, transfers. con-
veyances, mortgages, liene, attachments,
pledges and securities of every kind,
which either in whole or in part. shall
have been made for, or on account of in
tOxica,ing liquor, sold in violation Of this