The Evansville daily journal., 1855-06-15

defendant may give in evidence all matters
of defence. Either party may demand
jury of any number not exceeding twelve
men, or the cause may be tried by the justice
or mayor where no jury is demanded. If fthe
jury, or the justice or mayor trying the cause,
find that the liquor, or any part of it, was
kept for the purpose of sale, in violation of
law, the justice or mayor shall enter judg-
ment that the liquor was so seized as afore-
said, or SO much thereof as was kept for such
purpose, and the vessels containing it, are a
nuisance, and that the same be forfeited; and
that such liquor be destroyed. If no person
appear at the trial, after the notice has been
posted up, and the summons, if ore has been
issued, has been served as above provided,
the cause shall, in like manner, De 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
like judgment shall be rendered as above
provided.
SEC. Is. Whenever judgement is render
ed that the hquor so selzed, as aforesaid, is
forfeited, the justice, or mayor, or court
rendering final judgment of forfeiture, shall
issue an order to the proper officer, directing
him to destroy said liquor, and to sell the
vessels containing it as other property is
sold on execution, without appraisement,
and the proceeds of such sale shall be ap-
piled to- the payment of the costs OF the pro-
ceedings in the case. The officer shall ex-
ecute sucf1 order, and return it, as required
by this Act, with his doings Endorsed there
on.
SEC. 10. Whenever it is decided that IL
quor so seized is not liable to forfeiture, the
Justice, mayor or court trying the cause
shall issue an order to the proper officer to
restore the said liquor, with the vessels con-
tanning it, to the place where it was seized.
The proper officer shall, at the expiration of
three days, execute the order, and make
return thereof with his proceedings endor-
sed thereon, if no appeal is taken by the
State.
Sec. 90. Every device or coutrvance
made use of to deal out or sell intoxicating
liquor to customers, and at the same time to
conceal or disguise the person selling or
dealing out such liquor, with intent to pre-
vent the purchaser from indentifying the per-
son selling or dealing out such liquor, is
hereby declared 10 be nuisance, and every
mayor of city, Justice of the peace, or court
of common pleas,may, upon complaint made
under oath, cause notice to be given to the
owner or tenant of the place where such
device or contriyance is used and, after
three days notice, try the cause, and if the
mayor, justice or court shall order the proper
officer to abate the nuisance by the destruc-
ton or removal of such device or contrivance
resorted to. The proper officer shall execute
such order forthwith, and return it with his
dongs endorsed thereon.
Sec. 81. Every person who shall resort to
any such device or contrivance specified in
the next preceding section, for the purposes
therein specified shall be deemed, to be gull
| ty of misdemeanor, and upon conviction
thereof, shall be fined in any sum not less
than fifty dollars, nor more than two hundred
dollars, and imprisoned in the county Jail not
less than thirty days. nor more than ninety
days, and until the fines and costs are paid
or replevied.
SEC. %. 1t shall be the duty Of every
sheriff, constable, marshal, or policeman, to
arrest any person whom he shall see actually
engaged in any violation of this Act, and to
seize all liquors kept in violation thereof, at
the time and place of the commission of such
offence, together with the vessels containing
the same, and to forthwith take such person
before any magistrate of the county, to be
dealt with according to law, and to store
such liquor and vessels, so seized, in some
safe and convenient place, to be disposed of
as in this act provided. 1t shall be the duty
of every officer by whom any arrest or seizure
shall be made, under this section, to make
mplaint, on oath, before such magistrate,
against the person or persons arrested and to
prosecute such complaint to judgment and
execution. 1t shall be the duty of every
such officer, whenever he shall see any in
toxicated person in any public place, or dis
turbing the public peace and quiet, to ap-
! prehend such persons and take HIM before
some magistrate; and if such magistrate shall
deem him too, much intoxicated to be exam
ined, or to answer, upon oath correctly, he
shall direct such officer to keep such intox-
icated person in some safe and convenient
place, to be designated by such magistrate
until he shall become sober, and thereupon,
forthwith to bring him before such magistrate;
and such magistrate shall then administer, to
such person an oath or affirmation, and ex-
anime him for the purpose of ascertaining
whether any offence has been committed
against any provision of this act, by any other
person; and if such witness refuse to answer
any question propounded by such magistrate,
touching such offence, he shall be imprisoned
in the county Jail until he consents to an
swer. If such witness shall disclose any
violation of this Act, the magistrate shall
reduce such examination to writing, in the
form of a complaint against the person so
offending, which said witness shall sign, un-
der the penalty aforesaid, and verify the same
by his oath or affirmation.
Sec. %. II any person shall mix drugs
with any spirituous or Intoxicating liquor, to
sell the same to be used as 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
sum not less than twenty-five dollars, nor
more than two hundred dollars and be i'm
IN ho county all th;rty daus oud