Plymouth banner. (Plymouth, Marshall County, Ind.) 1852-1855, 1855-02-22

and for each offence after the first con-
viction, he shall be imprisoned thirty
days; and in all cases. until the fine and
cost are paid or replevied. Upon the
trial of every complaint. charging the
defendent with owning. selling. or keep
ing for sale. spirituous or intoxicat ting
liquors. in violation of law. proof of the
finding of the liquor, specified in the
complaint. in possession Of the accused
in any place, except his private dwelling
house or its dope ndencies. Cor in such
dwelling house OF its dependencies. if the
sa me be tavefa, public eating house, gro.
Gerry. or other place of public resorD.
shall be received and acted on by the
court, as presumptivs evidence that such
liquor was kept for sale contrary to the
provisions Of law.
Sec. ID. All spirituous or intoxicating
liquor, intended by the owner or keeper
thereof TO be sold in violation of law.
and the vessels containing the same. shall
be deemed 10 bs a nuisance, and shall
be forfeited and disposed OF as hereinafter
provided.
SEC. Is. If any three persons OF good
moral character. residents Of the county.
shall file their verified complaint or aft.
davit with any mayor or justice Of the
peace OF the county. that any spirituous
or intoxicating liquor is owned or kept
in said county, In any place therein. par
,icular'y describing the premises, By any
person. which name shall be stated, if
known TO the deponents; and if the name
is unknown. il shall DO so stated in the
complaint, and is intended to be sold in
violation Of law, as the deponrnts have
reason TO believe and verify do believe.
the justice Of the peace or mayor shall
issue his warrant directed TO the sheriff
of the county. or 10 any constable of the
county, or marshal Of the city. reciting
the material part OF said complaint. ard
directing the officer to search thoroughly
;he sid place. 10 seize the liquor with
The vessels containing it. and to keep the
same securely until final action is had
thereon, whereupon. the officer to whom
the warrant may be delivered. shall exc
cute The command Of the warrant forth
with, az far as he can, make return or his
doings 10 the officer issuing such writ
and shall securely keep all liquors so
siezed by him if any. sad the vessels
containing it. until final action is had
thereon. But no warrant shall be issued
under thi: Act. TO search any! dwelling
house. in which. or part of which no
tavern. store. grocery, business office.
shop. boarding or victualling house, or
publicroom OF any kind,i is Kept, unles, the
occupant ;Aersof shall have been convicted
as herein provided. of having sold intoxi-
eating liquor in his dwelling house, or suf-
fered il to be done. within six months
next preceding the issue thereof.
SEC. l6. Whenever it shall appear TO
such justice or mayor, BY the rerurn of
:he officer serving the warrant, that spir-
ituous or intoxicating liquor has Been
seized by the officer. the justice or mayor
shall, forthwith, after the turn. issue a
notice TO all persons concerned in the
seizure, and issue a summons command
ing The person 80 keeping owning the
liquors so seized as aforesaid. to appear
before him al his Office. at time TO be
specified, not less then three, nor more
then twenty days from the service there
Of, TO show cause, If any he has, why
such liquor so seized as aforesaid, with
the vessels containing il, should not be
forfeited and the liquor destroyed; and
the officer 10 whom the summons shall be
directed shall serve the same forthwith,
by reading to the person named therein.
or by leaving copy thereof at his place
of residence. IL he reside in the county.
and by posting copy of The notice in
some conspicuous place on The premises
where ;hs liquor was seized. If the name
Of the person owning or keeping said liq-
uor shall he unknown to the Justice, he
shall issue a notice only Of the seizure OF
such liquor. 10 all persons concerned. a
copy of which shall be posted up by the
officer serving the same. in some conspic-
uous place on the premises where the
liquor was seized, not less than three nor
more than twenty days before the day
set for trial.
Sec II. At the time ana place set
for trial, the person accused aud any
other person claiming an interest in the
liquor seized. may appear as defendant
and shsw cause. if any he has. why the
liquor seized should not be forfeited. No
pleading shall be required by the defend
ant but denial Of the charger in the
complaint. aud under such plea the de-.
PENDANT may give in evidence all matters
of defense. Either party may demand q
jury of any number not exceeding twelve
| men; or the cause may be tried by the
justice or mayor where ne jury is de.
handed. IL the jury. or justice. or may
or trying the cause. find that the liquor
or any part Of il was kept for the pur-
pose Of sale, in violation of law. the jus
tice or mayor shall enter judgment that
the liquor so seized as aforesaid, or so
much thereof as was kept for such pur-
pose, and the vessels containing it. are
nuisance, and that the same be forfeit.
ed and that such liquor be destroyed. II
no person appear at the trial, after the
notice has been posted up, and the sum
mons. il one has been ISSUED. has been
served as above provided, the cause shall
in like manner, be tried by jury. or the
justice or mayor; and if it is found that
the liquor seized, or any part thereof.
was kept for sale in violation of law. a
like judgment shall be rendered as above