Burlington tri-weekly hawk-eye. [volume] (Burlington [Iowa]) 1852-1855, 1855-02-27

IN the cause, In the IL provided il
cases Of appeals in msdemeanors triabe b.fore jus
tiee of the peace. And il the party So appealing
shall fail appear before said district Court at tn
next term thereof, and the first lay Of said term
prosecute his :ppeal the said court shall without fur
ther proceeding affirm the Judgment from which sucl
appeal was taken. But if the party appealing shal
appear, and if trial bad upon the issue or otherws
as the may be- it be found that said liquor in rc
spec' to which an appeal was taken when seized
owncd kept by any person for thu purpose Of being
sold in violation Of this act then said liquor and tbs
vessels containing it, shall bv said court be adiuget
Forfeited, and the court shall adjuge said dctenden
to pay the costs arising upon said appeal in addition
to the costs adudged against him by the justice Of
i peace.
SEC. IL. Whenever 1t shall be finally decided thai
liquor seized aforesaid is forfeited the justice Of
the peace or other court rendering final judgment OF
forte iture shall issue to the officer having said liquors
IN custody. 10 other peace officer, written
der directing him forthwith to destroy said liquor and
| the vessels containing the same, and immediately
thef after to make return Of said order to the court
whence it issued with his doings endorsed thereon
which return shall in all cases be to- Whenever
it shalt be finally decided that any liquor seized il
not liable to forfeiture he court by whom such final
decision shall be rendered. shall issue written ord,i
to the cicer having the same in custody or to some
other peace officer, to restore said liquor with the
sells containing the same to the place where ii wa
seized as nearly may be- Or to the person entitled o
receive it, which order the officer after obeyng thu
commands thereof shall return to the said court with
his doRgs thereon endorsed and the costs of the pro
ccedngs in such attending the restoration also
the costs attending the destruction Of such Liquor ii
case Of forfeiture shall be taxed and paid in the
manner as is provided in eases Of ordinary criminal
prosecution, where the prosecution fails.
SEC. IL. IL any person shall be found in a state
| of intcxication he shall be deemed guilty Of a mis-
demeanor, and any peace officer may without
rant, and it is hereby made his duty to take suc
person in custody and to detain him in suitable,
place. till an information can be made before mag
istrate and warrant issued in due form upon whic
he may be rrested and tried and If found guilty
he shall pay fno of ten dollars and the costs OF
prosecution, and shall be imprisoned in the count,
Jail thirty days, Blu. the magistrate before WHOM
such person is tried and convicted may remit any
poi tion of such penalty and order the prisoner to b.
discharged when ever he shall become sai, fed tina
the object of this law o. the good Of the public ana
| Of the prisoner will be advanced thereby. In case
of ordinary misdemeanor, within the jurisdiction Of
Justices If the Peace.
under this act il shall not be necessary to set
actiy the kind or quantity of intoxicating liquors
manufactured or sold OF kept for purposes of SALE
the exact time Of the manufacture, or sale, keep
ing with intent to sale but proof Of the violation by
the accused Of any provision Of this the substance
of which violation is briefly set forth within the time
mentioned in said indictment information shall
be sufficient to convict such person, shall 1t bt
necessary in any indictment or Information to mega
tive any exceptions contained in the enactng clause.
elsewhere which may be proper ground of defense,
ard in any prosecution for second or subsequent of
fence provided il this act, It shall not be requisite
to set forth in the indictment or information the
cord Of a former conviction, but it shall be sufcien,
briefly alege such conviction, shall it in every
prove payment in order to prove sale within
the true meaning and intent If this act and the per-
son purctsng any intoxicating liquor sold in viola
ton of this shall in all cases be competent Wit
ness to prove such sale.
SEC "A. Justice Of the peace shall DC entitled TO
receive for causing notices to be psted mp and left
pursuant to section 10 fifty cents for issuing
der pursuant section fifty cents, and any officer
who sLali make service of any warrant for the sez
Of and intoxicating liquor, shall be allowed for
such services the sum of dollar for the removal
and custody of smch liquor bis reasonable expenses,
and one dollar for the delivery or destruction Of Il
quor under order Of court, his reasonable expenses
and one dollar. and for posting and leaving notices
pursuant to section ten one dollar
SEC. Is. All payments or compensation for intox-
eating liquor hereafter sold in violation Of this act,
whether such payment or compensation be in money,
goods. land, labor anything else whatsoever, shall
be held have been received in violation of law, and
against equity and conscience, and to have been re-
ceived upon valid promise and agreement OF the re-
cever in consideration of the receipt thereof to pay
on demand to the person furnishing such consdera
tion the amount of said money, the just value of
such goods lands labor other things. All sales.
transfers. cnvevances, mortgages. liens attachments
pledges and securities of every kind, which either in
whole or in part shall have been made for
count Of intoxicating liquors sold in violation of this
act shall be utterly null and void against all persons
in a eases, and rights Of any kind shall be acqui-
red thereby. and action of any kind shall be main
tained in any court in this State for intoxicating
liquors the value thereof sold in any other State
country contrary to the law of said State or coun-
try, with intent to enable any person to violate any
provisions Of this act. shall any action be main
tanned for the recovery possession of any ntoxca
ting liquor, or the value thereof, except in cases
where persons owning possessing such liquor with
lawful intent. may have been illegally deprived Of
the Nothing however in this section shall af-
feet in any way negotiable paper in the hands of bo
ide holders thereof for valuable consideration
without notice of any iliegality in its inception or
transfer the holder Of land other properly who
m " have taken the in good faith without no
tice Of any defect in the title Of the person from
whom the same was taken growing out of violation
of the provisions of this act and all evidence given in
action brought by against snch bona fde holders
shall in way be affected by the provisions of this
section.
SEC. 1s. The county Judge of any CO., may from
time to time draw from the Treasury Of said county
such in his judgment shall be necessary for
the purchase of intoxicating liquor, by the agent or
agents Of such county to be by them sold under tn
pr visions Of this act and agent appointed under
this act shall have power bealf Of any county to
contract any debt for intoxicating liquor, which Shall
be to anv extent binding upon such county.
SEC. II. The 55th Chapter Of the Code Of iowa u
her by repealed which reppcal shall take eff ct at the
time when this act shall 90 into operations; provided,
however. That all prosecutions which shall have been
commenced at the time when this act shall take effect
may be carried on till final Judgment and execution
Irrespective Of this act and shall be in way aGect
ed BY saidrepeal.
SEC. IS. At the April election to be holden the
first Monday in April, A. D. 1855 the question Of
prohibiting the sale and manufacture nf intoxi-
eating lquor, shall he submitted to the legal voters
Of this State and at said April election p shall be
opened for that purpose at the place Of election in each
township Of each county. The vote said question
shall he by ballot. and the voters in favor Of such
prohibition shall east ballot whercon shall be writ
ten or printed the s.'For the Prohihi'ory Liquor
Law and tie voters opposed snch prohibition shall
cast ballot whereun shall 10 written or printed the
werds. 'Agains' the prohihiorv liquor law The
snid hnll hn ivrd nd hr