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

bonds. deeds, and mortgages made in con-
Sideralion of the illegal sale OF intoxica.
ting liquor. shall be absolutely void. and
all contracts notes, bills. bonds,
deeds. and mortgages made in part con-
sideration of the illegal sale Of intoxica-
ting liquor. shall be void so far as the
illegal confederation is concerned. All
money, and every article of value of ev:
cry kind, or the value thereof. paid or
transferred for the illegal sale of in,oxics-
ting liquor. may be recovered by the per
son paying or transferring the same.
SEc.26. Nothing contained ia this ACT
shall be SO constructed as to prohibit The
manufacture or keeping for sale or the
sale OF burning fluids OF any kind. per
fumery. essences. chemicals. dyes, paints,
varnishes. cosmetics solutions Of medical
compounds, or any other article that may
be composed in part of alcohol, or other
spirituous liquors. il not adapted to use
as a beverage; Provided. However that
if such article is capable of being used or
is intended to DO used as beverage, or
in evasion Of said Act, The manufacture
or keeping for sale. or sale thereof. shall be
deemed a violation of this Act.
SEC. 27. 1t shall be The duty OF the
city attorney to prosecute all suits under
this net, which may be brought before the
mayor of any city; and shall be the duty
Of the district attorney, by himself. or by
deputy. TO prosecute all suits under this
act, which may be brough. before a JUS
tice Of the peace, or before The court Of
common pleas of the county or district
and 10 prosecute all appeals of suits I'M
DER this Act. in the circuit. courts. and
courts Of common pleas Of his county or
district. and where there is no city a,tor.
ney. he shall prosecute all The suits under
this act before the mayor Of any Guy.
SEC. %. Every prosecution under this
act before a justice of tho peace or may
or OF city, shall be upon complain! un'
der oath or affirmation; and every prose-
cution under this act in the court of COM
mon pleas, shall be upon complaint under
oath or affidavit,a aud on information foun
ded thereon.
SEC. 80. Costs shall be assessed in
the proceedings under this Act us in 9th
er criminal cases. except when otherwise
provided, but in all cases of conviction
docket fee of five dollars shnll be
taxed. in favsr OF the attorney who
prosecutes such case; and, in the absence
OF The proper prosecuting attorney, tho
court trying such cause is authorized TO
appoint an attorney to prosecute such
complaint In case OF final conviction
in any appellate court, the accused party
shall pay all costs. including docke, fees,
which may have been assessed sgainst
him Ia the inferior court or courts.
SEC. 81. If any person claiming any
interest in any spirituous or intoxicating
liquors seized as nuisance. and having
knowledge or notice as required by This
act. if the seizure. shall no. assert his
claim upon the trial. he shall he deemed
TO have waived his claim. and shall not
afterwards assert any right thereto what
ever; or any claim for damages. Judge
ment Of forfeiture against any spirisuous
or intoxicating liquor under the provision
of this act, shall operate as q Judgement
in rem, and the validity Of such judge
ment shall not be contested or questioned
in any action in any courl3by any person
except by appeal of the cause in which
the judgement or forfeiture is declared;
and no court shall take jurisdiction of any
action or repleviD. or any other acilon,to
try the validity OF the proceeding IN which
the forfeiture is declared, except as herein
provided.
SEC. 80 Any person feeling agrieved
by any judgment Of the mayer Of city,
or justice Of The peace. may appeal with
in thirty days, to The court of common
pleas or circuit court Of the county, but
the appellant shall. before the appeal IL
granted, enter into recegnizance before
the justice or mayor. with approved secu-
rity, in the final sum of twice the amour,
OF the judgement and costs conditioned
that the appellant will personally appear
in the appellant! court, and par ,hs judge.
ment and costs that may be rendered a.
gaasi him. and abide the erder Of the
court, and not depar, vithou. leave.
SEB. 80. When an appeal is taken.
the magistrate shall forthwith make out q
fair transcript Of the proceedings, and file
il, with all the papers in the cause, and
the appellant court shall try the cause.
with or without jury. and render a Judge
ment, aud enforce il according 70 the pro-
visions Of this Act.
SEC. 81. Whenever any spiriiuous or
Intoxicating liquors is seized as nuisance
under any provision of this Act. the Off
Ger ssizing il shall keep The same safely
ih some secure place until final judge
mont; and ifjudgemsnt Of forfeiture be
given against such liquor, or any part OF
it, he shall depesi, such liquor with the
county agent, duly appointed to sell In.
toxicaiing liquor. for safe keeping; and if
no appeal is taken within thirty days, the
officer shall return the receipt for safe
keeping, and take aad destroy the liquor
under the order of the court trying the
cause. But il an appeal is taken, the Of
fesr shall return his orders to { he proper
court. endorsed that he had deliAsred the
liquor SO seized. to the couhty agent for
safs keeping, and the ceuHsy agent shall
keep such liquor. subject to tho order Of
the appellate court. Whenever judge
ment is given against the State upon the
seizure Of such liquor as nuisance, the al
t0rney prosecuting the action, or the ois-
trict attorney may cause the actisn to