The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1855-01-23


making the complaint, spirituous or intoxi-
eating liquor, has been sold, in said house,
or in some dependency thereof, in violation
OF law. by the person accused in the COM
plant, or by bis consent or permission, nor
unless from the facts and circVmst ances dis
closed in said complaint, the justice shall be
OF opinion that the complainant had good
reason for ssch belief; except in cases where
one or more OF the occupants of the house
has been found to be in state Of intoxica-
ton.
SEC. = Whenever it shall appear to the
justice, by the return Of the officer serving
The warrant, that any spurious or intoxicat-
ing liquor has been seized by tn, officer, the
justice shall forthwith, alter the return, issue
Eotice 10 all persons concerned of the
seizure, and issUe summons commanding
the person 80 keeping Or owning the liquor
SO seized as aforesaid, to appear before him, at
his ofsce, at q time to be specified, not less
than three, nor more than ten days from the
service thereof, to show cause, if any he can,
why such liquor, SO seIzed,as aforesaid, with
the vessels containing it, should not be for.
feited ~ the county; and the officer TO whom
the summons shall be directed shall serve
the same forthwith, by reading to the person
named therein, or by leaving a copy thereof
at his place OF residence, if he reside IN the
county, and by posting copy of the notice
in some cons picuOus place, as near TO the
place where said liquor was seized as may
be. II the name OF the person owning Or
keeping said liquor shall be unknown to the
justice, he shall issue a notice only of the
seizure ot such liquor, to all persons concern
ed, copy of which shall be posted up BY the
officer, serving the same, in some conspicuous
place as near to the place where the liquor
was seized as may be, mol less than three
nor more than ten days before the day set
for trial.
SEC Attic time and place set for trial,
the person accused, and any other person
claiming an interest in the liquor seized, may
appear as defendant, and shuw cause, if any
be has, why the liquor seized should not be
forfeited. No pleading shall be required by
the defendant buta denial Of the charges in
the complaint, and under such plea the de.
fendant may give in evidence all matters Of
defense. Either party may demand ajury
of any number not exceeding twelve men;
or the cause may be tried by the justice,
where no jury is demanded. If the jury, or
the justice trying the cause, find that The
liquor, or any part OF it, was kept for the
purpose Of safe, in violation of law, the JUS
lice shall enter judgments that the liquor 50
sc, zed as aforesaid, and the vessels contain
ing it, are nuisance, and that the same be
foreiei:ed to the county. II no person appear
at the trial, after the notice has been posted
up, and tha summons, il one has been issued,
has been served above provided, the cause
shall, in like manner, be tried by jury, or
the Justice; AMI if it is found that the liquor
seized, or any part thereof, was kept for sale
in violation of lew, like judgment shall be
rendered as above provided. -'a
SEC Whene,e e; judgment is rendered
that the liquor so seized as aforesaid is for
feited, the justice OF the peace, or Court reD-
dering final judgment of forfeiture, shall issue
an order to the proper officer dire, ting him 10
deliver said liquor, and the vessels contain
ing it to some agent Of the county, tuly ap-
pointed for the sale Of intoxicating liquor, vi
the same township, or other most convent, Of
township Of the county. The officer shall.
execute such order and return it as required
by this Act, with his doings endorsed thereon,
with the receipt of the County Agent who
received the same. The Agent shall receive
the said liquor and vessels, and if, in his
opinion, the same, or any part thereof, is fit
to be sold Tor any lawful purpose, he shall
sell the liquor he deems fit for lawful use, in
the course Of his agency, for the benefit Of
the county; and If, in his opinion, said liquor
or any part thereof, is not fit Tor any lawful
use, he shall destroy the same, or such part
thereof, in the presence Of two resident
householders OF the county, who shall certify
the same in the book of accounts kept by the
Agent.
SEc.- Whenever it is decided tha the
liquor SO seized is not liable to forfeiture, the
justice Or court trying the cause shall issue
an order TO the proper officer to restore the
said liquor, with the vessels containing il, to
the place where it was seized. The proper
officer sh II, al the expiration Of three days,
execute the order and make return thereof
with his proceedings endorsed thereon, if no
appeaiis taken By the State.
SEC Every device or continuance made
use of to deal out or sell Intoxicating liquor
to customers, and at the same time to con-
ceal or disguise the person selling or dealing
out such liquor, with intent to prevent the
purchaser from identifying the person selling
or dealing out ssuch liquor, is hereby de-
clared to be a nuisance, and every mayor Of
city, justice of the peace, court of common
pleas, or Judge thereof in vacation. may,
upon complaint made under oath, cause
notice to be given to the owner or tenant of
the place where such device or centrivance
is used. and, after three days notice, try the
cause, and if the mayor, justice. Judge, or
corr', or jury trying the cause, find that such
nuisance exists, such mayor, justice judge,
or court shall order the proper officer to abate
the nuisance by the destruction or removal
OF the device or contrIvance resorted to-.
The proper officer shall execute such order
forth with and return it with his doings ell
dorsed thereon.
CONCLUDED TOMORROW.