The Richmond Indiana palladium. [volume] (Richmond, Ind.) 1854-1855, 1855-02-16

torney he shall prosecute all the suits under this
Act before the mayor OF any city.
SIc- 2S- Courts of common pleas. justices of
the peace and mayors of cities shall have original
concurrent jurisdiction Of all offenses against the
4 provisions Of this Act. The jurisdiction of
mayors and of justices OF the peace shall extend
throughout the county.
SEC. go. Every prosecution under this Act
before justice of the peace or mayor Of city.
shall be upon complaint under oath aft sma-
ton; and every prosecution under this Act in the
court of common pleas, shall be upon complaint
under oath affidavit and on information fos,n-
ded thereon.
SEC. 80. Costs shall be assessed in the proceed
ings under this Ac, as in other criminal cases,
ex :ept when otherwise provided; but In all cases
of conviction docket fee ef i've dollars shall
be taxed in favor Of the attorney who prosecutes
such case; and, in the absence of the proper pro-
scouting attorney, the court trying such cases is
authorized TO appoint attorney to prosecute
such complaint In Of final conviction in
any appellate court, the accused party shall pay
all costs, including docket fees, which may have
been assessed against him in the inferior court or
courts.
SEC. 81. If any person claiming any interest
in any spirituous or intoxicating liquor seized as
a nuisance, and having knowledge or notice as
required by this Act. of the seizure, shall not
sert his claim upon the trial. he shall be deemed
have waived his claim, and shall not afterwards
assert any right thereto whatever, any claim
for damages. Judgment of forfeiture against
any sprituous intoxicating liquor under the
provisions of this Act, shall operate judg
nent ia rem. and the validity Of such Judgment
shall not be contested questioned in any action
in any court by any person excep. by appeal Of
the cause in which the jud dgment of forfeiture is
declared; and court shall take jurisdiction OF
any action of replevin. any other action, to
try the validity of the proceedings in which the
forfeiture is declared except AS herein provided
( SEC. 3D. Any person feeling aggrieyed by any
Judgment of the mayor of city. or justice of the
peace, may appeal within thirty days, to the court
of common pleas or circuit. court OF the county,
but the appellant shall before the appeal grant
ed, enter into recognizanee before the Justice
mayor, with approved security, in the final SUM
Of twice the amount of the judgment and costs,
conditioned that the appellant will personally
appear in the appellate court and pay the judg
ment and costs that may be rendered against him,
aud abide the order of the court, and not depart
without leave.
SEC. 50. When an appeal is taken, the magis
tra.e shall forthwith make out fair transcript of
the proceedings and file it, with all the papers in
the cause, and the appellate court shall try the
cause with without jury, and render judg
ment. and enforce it according TO the provisions
of this Act.
SEC 81. Whenever any spirituous or intoxiea-
ting liquor is seized as a nuisance, under any
provision of this Act, the officer seizng il shall
keep the same safely in place until
final judgment; and if judgment of forfeiture be
given against such liquor, or any part of it, he
shall deposit such liquor with the county agent
duly appointed to sell intoxicating liquor for safe
keeping. and take his receipt therefor for safe
keeping; and if no appeal is taken within thirty
days the officer shall return the receipt for safe
keeping and take and destroy the liquor, under
the order of the court trying the case. But if
appeal is taken, the officer shall return his
der to the proper court, endorsed that he had
delivered the liquor seized TO the county agent
for safe keeping, and the county agent shall
keep such liquor. subject to the order of the
APPELLATE court Whenever judgment is given
against tile 5 ate upon the seizure Of such liquor
nuisance, the attorney prosecuting the action,
or the district attorney may cause the action to be
taken to the appellate court upon appeal, At any
time within three DAYS witbou, any bond being
fled on the part of the State. And the officer
sezing the liquor shall not return it to the place
Of seizure until the expiration of three days; and
upon an appeal being taken the part of the
State. he shall deposit the liquor seized with the
county agent for safe keeping and make his re-
turn accordingly. Whenever final Judgment is
given against the State in such cause. that the
liquor seized Is not nuisance. and no. sub
ice. 20 forfeiture, the county shall pay the costs
Of the seizure carriage, safe keeping, and return
of the liquors. and the fees of officers, Jurors.
and witnesses in such cause: but the county shall
be liable for other costs, in any case, except
the keeping of persons under arrest. and i'm
prisoned for a violation of this Act, in other
SEC. 35 No defect in any bond, writing
recognizance, with security required BY this Act,
SHALL in anv manner, invalidate the same; but the
person executing it shall be bound TO the full
extent of the law requiring the bond writing, or
recognizance
SEC. 81. Every person who has been authorized
to manufacture spirituous and Intoxicating liquor,
and given bond with the sureties therefor; and
every person who has been apps inted agent
to purchase and sell spirituous and Intoxicating
hquor, and has given bond and security therefor.
as required BY law. may be prosecuted in the
circuit court, or court of common pleas, with his
surety upon his bond. for breach Of the con-
dtion thereof and may be prosecuted in criIai-
nal proceeding for violation OF the law at the
same time: and if he is found guilty, and fined
for violation Of the law, and the penalty of his
bond shall be declared forfeited for the same vIo-
lrton of law. any payment made upon the tine
imposed In the criminal case shall be credited
upon the Judgment rendered upon the bond.
SEc 81 II shall not be necessary II any COM
pIant affidavit or information, under the pro-
visions of this Act to aege that the ofense char
oed was a second, third or any subsequent Of
tense by the accused person against the same
provision of this Act; bat if it shall appear n
evidence upon the trial that the person accused
with which he stands charged. the mayor. Justice.