Demoine courier., 1855-03-22


paid; and ON his third and every subse-
quent conviction of said offence, he shall
pay a fine Of one hundred doll ars and the
costs OF prosecution, and shall be impris.
oned in the county jail no, lessihan three
O more than six months. And upon
the trial Of every indictment or informa
tion for violations of The provisions OF
Of this section. proof ofihe finding Of The
liquor named in the indictment, or infor-
nation in the possession of the accused
IN any place excep. his private dwelling
house. or its dependencies. Tor in such
dwelling house or dependencies if The
same be a tavern, public eating house,
grocery, or other place of public resor,).
shall be received and acted npon by the
court as presump,ive evidence that such
liquor was kept or held for sale contrary
to the provisions OF this act.
SEC. 8 In case of violation Of The
provisions oil either of the three proceed
ing sections, the building or erection Of
whatever kind, or The ground itself in or
upon which such unlawful sale or manu-.
l~ac,ure. or keeping with inten, to sell,
Of any intoxicating liquor is carried on,
or continued, or sxists. is hereby declared
a nuisance, and may be abaied as the
law provides: and in addition 10 the pen
al,ies prescribed in said sections. who.
ever shall erect. or establish, or continue,
or use, any building, OF place for any Of
the,p ,rpos es prohibited in said sections,
shall be deemed guilty of a nuisance, and
ma, by prosecuted and punished accord
ingiy. in tie manner provided by law
proof of the manufacture, sale. or
keeping with inten, to sell. Of any in!ox-
liquor in violation Of tne nrovIsi-
ons Of tins act, in or upon the premises
described by the party accused. or by
any other person under the authority or
by the permission o. the party accused,
shall be deemed sufficient as presuGp,iye
evidence of the offence provided for in
this section.
SEC. o. If any three persons. resi-
dents OF any county. shall before a jus.
lice Of the peace foE the ZANE county.
make wii,en information, supported by
heir oath &C affirmation, that they have
reason to believe. and do believe. that
any intoxicating liquor, described az par
,icular,y as NAV be in said county. in
any place. described as particularly a.
may be in said information. owned or
kept BY any person named or described
in said information as particularly as nay
be. and is intended by him to be sold in
violation of the provisions Of this act.
said Justice shall, (uoon finding probable
cause Tor such information.9 issue his
warran, Of search. directed 10 any peace
officer in said county, describing. as par
ticulatly as may be. the liquor and the
place described in said Information. and
the person named or described in said
Information As the owner or keeper OF
said liquor, and commanding the said
officer TO search thoroughly said place,
aud TO seize the said liquor, with the ves,
sells containing it,. and to keep the same
securely until final action be had there
on; whereupon the said peace officer, TO
whom such warran, shall be delivered,
shall forthwith obey and execute. 90 far
as shall be able the commands Of said
warrant. and make return OF his doings
to said Justice, aud shall securely keep
all liquors SO seized bv him, and the YES.
sells containing il, until final action be
had thereon: Provided. hoWerer. tina,
If The place D TO be searced be a dwell
ing house in which any family resides,
and in which no tavern, eating. house.
grocery, or other place Of public resort
is kept, such warrant shall o be issued
nnless one al least Of said compliments
shall on oath, or affirmation. declare be-
fore said Justice, tina, he has reason TO
believe, and does believe. that within one
month next before the making OF said
information. intoxicating liquor has been
in violation of this act. sold in said house.
or in some dependency thereof, by the
person accused 10 ssid information. or
by his consent OF permission; mol unless
from The facts and circumstances dis
closed by ouch complains, 10 said Justice.
The eaid Justice shall be Of opinion tina.
said compainan, has adequate reason for
sucn Dc'lcI.
SEC. 10. Whenever upon such war
rant such liquors shall have been seized.
The Justice who issuedsuch warrant shall
within forty eight hours after such seiz
urs, cause 10 Re left al the place where
said liquor al seized. If said place be a
DIV elling house. store or shop, posted in
some conspicuous place on or about said
buildings, and also to be left with or q,
The last known and usual place Of resi-
dence Of The person named. or described
in said information. as the owner or keep.
er Of said liquor If he be 4 resident oil
this State. . notice summoning such per
son aud oil others whom j, may concern.
to appear before said Justice al = place
and time named in said notice (which
time shall no, be less ,han Eve nor more
than fifteen days after the posting and
leaving Of said no,ices.) and show cause
If any they have. why said liquor. to-
Oo thop auith thn vsasola In svhs~h sha som<