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

as other property is sold on execution,
without sppraisement: and the proceeds
Of such sale shall be applied to the pay
ment Oft costs of tie proceeding in the
case. The officer shall execute such or
Gerond return i: as required by this Act
with his doings endorsed thereon.
SEC. 10. Whenever it is decided that
the liquor SO seized is not liable to for.
fixture. the justice, mayor, OF court try
ing the cause shall issue an order to the
proper officer to restore the said liquor
with the vessels containing it. to the
place where it was seized. The proper
officer shall. al the expiration of three
days, execute the orde. and make return
thereof with his proceedings endors-
ed thereon, if no appeal is taken by the
State.
SEC. 90, Every device or continuance
made use OF 10 deal out or sell intoxica.
ting liquor TO customers, and at the same
time to conceal or disguise the person
selling or dealing out such liquor. with
intent TO prevent the purchaser from iden-
tiiyinS the person selling or dealing out
such liquor, is hereby declared TO be a
nuisance and every mayor of the 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 contrivances is used, and, after
three days court or jury trying the cause
find that such nuisance exists, such
mayor justice or court shall order the
proper officer TO abate the nuisance by
the destruction or removal of device or
continuance resor,ed TO, The proper Of.
ficer shall execute such order forthwith.
and return it with his doings endorsed
thereon.
SEC. 81 Every person who shall re-
sort to any such device or continuance
specified In the next preceding section
tor the purposes therein specified, shall
be deemed to be guilty Of mist emeanor;
snd, upon conviction thereof shall be fin
ed In sum not less than fifty dollars
nor more than two hundred dollars, and
Imprisoned in the county Jail mol less
than thirty days DOR more than ninety
days, until the fines aud costs are paid or
replevied.
Sec %. 1t shall be the duty ef every
sheriff, deputy sheriff. cons table, m rshal,
or policeman, To arrest any person whom
he shall see actually engaged in any vio-
lation of this act, and TO seize all liquor
kept In violation thereof at the time and
place Of the commission ofsuch oifense.
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 sale and convenient place TO be
disposed of as in this Ac. provided. 1t
shall be the duty of every officer by whom
any arrest and seizure shall be made IN
der this section. 10 make con, plant, on
oath, before such magistrate, against the
persons arrested. and 10 prosecute such
complaint 10 judgment and execution. 1t
shall be the duty Of every such officer.
whenever he shall see any intoxicat ted
person in any public place. or disturbing
peace and quiet. to apprshend such per.
son and take him before some magistrate;
and If such magistrate shall deem him toe
much intoxicated to be examined, or TO
answer, upon oath. correctly, he shall d.
rect such officar to keep such intoxica ted
person III some safe and convenient place,
to be designated by such magistrate, un-
til he shall become sober; and, hereupon,
forthwith 10 bring him before such magis-
trate; and such magistrate shall then sd-
minister to such person an oath of sffir-
nation and examine him for the purpose
of ascer;aining whe any offenss has
been committed against any provision of
this Act by any other person; and if such
witness shall refuse to answer any ques-
tion propounded by such magistrate,
touching such offsnse. he shall be i'm.
prisoned in the county Jail until he con-
sents to answer. If such witness shall
disclose any violation Of this Act, the
magistrate shall reduce such examination
to writing in the form of a complain,
against the person so offending, which
said witness shall sign, under the penal.
ty aforesaid, and verify the same by his
oath or affirmation.
Sec. %. fanny person shall mix drugs
with any spirituous or intoxicating liq
uor, to sell the same TO be used as a bev.
erage. or shall keep for sale. or sell any
drugged liquor. to be used as beverage.
he shall be deemed 10 be guilty of mis-
demeanor; and on conviction thereof. he
shall be fined in any sum not less than
twenty-five dollars. nor more than two
hundred dollars. and be imprisoned in
the county Jail thirty days. and until the
fine and costs are paid or replevied. The
possession of such drugged liquor. with
the usual vessels and furniture for selling
liquor. shall be presumptive evidence that
such drugsed liquor was kept for the pur-
pose Of illegal sale.
SEC. "a. No person who shall. at the
time. be an habitual drinker of intoxica
ting liquor, or who shall have been en-.
gagged in the unlawful manufacture OF
sale of intoxicating liquor for unlawful
sale. shall, within one year thereafter.
be a competent juror in the trial of any
prosecution under the laws. touching the
unlawful manufacture. sale, or keeping
for sale Of any spirituous or intoxicating
liquors. Any person summoned as ju-
ror may be inquired Of. under oath. as to
his competency relative to the matters