Burlington tri-weekly hawk-eye. [volume] (Burlington [Iowa]) 1852-1855, 1855-03-03


eases of appeals in mdeincanors triab,c before jill
tcc of the peace. And if the party 50 appeain
shall fail to appear before said district court, ut Il
next term thereof, and on the ryt lay Of sa term
prosecute his appeal the said court shall without f
ther proceeding affirm the Judgment from which sue
appeal was taken. But if the party SO appealing sha
appear, and if trial had upon the issue otherwis
the case may be, it he found that said liquor in
spec' to which an appeal was taken. when seized
or kept by any person for the purpose Of ben
sold in violation Of this act, then said liquor and Tia
vessels containing it, shall bv said court, be adjulge
forfeited, and the court shall adudgc said defenIen
70 pay the costs arising upon said appeal in addtio,
to the costs adjdged against him by the justice Of tn
peace. - fga5
j SEC. II. Whenever it shall be finally decided tha
liqor seized aforesaid is forfeited The justice o
the peace, or other court rendering fnal judgment
forfeiture shall to the officer having sad LIQUOR
in custody. to other peace officer Il written or
der directing him forthwith destroy said liquor ant
the vessels containing the same, and immediatel,
ther AFTER 10 make return of said order to the
whence it issued, with his doings endorsed thereon
which return shall in all Be TO-. Whenevei
it shall be finally decided that any liquor 80 seized
not liable TO forfeiture, he court by whom such in:
decision shalt be rendered, shall issue q written orii
to the officer having the in custody, or to some
other peace oce, to restore said liquor with the yes
sels containing the same to the place where it was
seized as nearly may be, to the person entitled
receive IT. which order the officer after obeying th
commands thereof shall return the said court with
/
ccedngs in such attending the restoration as lso
the costs attending the destruction Of such liquor
case of forfeiture shall be taxed and paid in the
manner as is provided in Of ordinary criminal
| prosecution, where the prosecution fails.
SEC. II. IL any person shall be found in state
OF intoxicaton he shall be deemed guilty Of mis-
demeaIor, and any peace officer may without war
rant, and it is hereby made his duty to take suc
person in custody and to detain him in suitabl,
Place, till an information be made before mag
istrate and warrant issued in due form upon whic
he may be rrested and tried and if found guilt,
he shall pay fine Of ten dollars and the costs Of
prosecution, and shall be imprisoned in the county
Jail thirty days, But the magistrate before whom
such person is tried and convicted may remit any
portion Of such penalty, ard order the prisoner to b.
discharged, when ever he shall become satisfied that
the inject of this law a the good Of the public and
| of the prisoner will be advanced thereby. In case.
Of ordinary misdemeanor, within the jurisdiction OF
justices of the Peace.
SEC. l3. In any Indictment or information arisint
under this act i; shall rot be necessary out ex
acty the kind quantity If Intoxicating liquor
manufactured or sold or kept for purposes Of sale no
the exact time Of the mauufacture, or sale keep
ing with intent TO sale, but proof Of the violation b,
the accused of any provision Of this act the substance
Of which violation is briefly set forth within the time
ment )ned in said indictment or information. shall
be sanicicnt to convict such person, shall II Be
necessary in any Indictment information to mega
tive any exceptions contained in the enacting clause
or elsewhere which may be proper ground Of defense
fence as provided in this act it shall not be requisite
to set forth in the Indictment information the re-
cord Of former conviction but it shall be sufficient
briefly to allege such convicio nor shall it in every
to prove payment in order aeprove sale within
the true meaning and intent of this act. and the per-
son purcasing sny intoxicating Hquor sold in viola
tion Of this act shall in nll cases be competent wit
ness to prove such sale. fslet5e
SEC. u. AJusticc Of the peace shall be entitled to
receive for causing notices to be posted up and left
IN ffy pfo far
der pursuant to section fifty cents and any officer
who shall make service Of any warrant for the seix
ure Of and intoxicating liquor, shall be allowed for
such services the Of one dollar, for the removal
and custody Of such liquor his reasonable expenses,
and one dollar for the delivery destruction of Ii
qucr under order oi court his reasonable expenses
and dollar, and for posting and leaving notices
pursuant to section ten one dollar. tA4H ea 4
SEC. 15 All payments or compensation for intoxi-
eating liquor herea fter sold in violation Of this act
whether such pa yment 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 r.
ccved upon valid promise and agreement OF the re
cever in consideration Of the receipt thereof pay
ON demand to the person furnishing such consilera
ton the amount Of said money, the just value Of
such goods. lands labor other things. All sales
transfers cnveyances, mortgages liens Attachments
pledges and securities of every kind which either in
whole in part shall have been made for or on ac-
count of Intoxicating liquors sold in violation OF this
act shall be utterly null and void against all persons
in all eases and rights Of nny kind shall be acqn
red thereby. and action Of any kind shall be main
tanned 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 enable any person to violate any
provisions If this act. shall any action be main
tanned for the recovery possession Of any ntoxica
ting laucr. or the value thereof, except in cases
where persons owning or possessing such iiqnor with
lawful intent. may have been illegally deprived Of
Al. a.. hall ~
feet in any way negotiable paper in the hands Of bo-
mn fide holders thereof for valuable consideration
without notice of any illegality in its inception or
transfer the holder ef land other property, who
m.y have taken the same in good faith without
ice Of any defect in the title Of the person from
whom the same taken growing out OF viola tion
of the provisions of this nct and all evidence given in
action brought by against snch bona fdc holders
shall in way be affected by the provisions Of this
section. Hr EGa
time to time draw from the Treasury Of said county
such srms in his Judgment shall be necessary for
the purchase Of fintoxicating liquor, by the agent
agents Of such county to he by them sold under the
pr visions of this act. and agent appointed under
this act shall have power on beaf Of any county to
contract any debt for ntox cating liquor, which shall
be to any extent binding upon such county.
SEC. ~. The 55fh Chapter Of the Code of I,wa is
her, by repealed which repeal shall take effect at the
time when this act shall 20 into operation; provided,
however That all prosecutions which shall have been
commenced the TINE when this act shall take effect
may be carried on till final Judgment and execution
Irrespective of this act, and shall be in way affect
cd by saidrepeal.
SEC. 1S. At the April election to he holden the
first Monday in April, A. D. 1855. the question Of
prohibit the sale and manufacture If intoxi-
eating liquor, shall be submitted to the legal voters
Of this State and at said April elections poll 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 cast ballot whereon shall be writ
ten or printed the wor s"For the Prnhihfory Liquor
Law and the voters opposed to such prohibition shall
east ballot whereon shall he written printed tht
words. Against the prohibisory liquor law Tb.
sa;d ha1lots sha II he recevad and canyassed hv ths