Burlington tri-weekly hawk-eye. [volume] (Burlington [Iowa]) 1852-1855, 1855-03-01

eases Of appeals misdemeanols trable before jus
tice of the peace. And if the party SO appealin.
shall fail to appear before said district court at tn,
next term thereof, and the first lay of j, id term t
prosecute his appeal, the said court shall without fur
ther proceeding affirm the judgment from which such
appeal was taken. But it the party appealing shall
appear and if trial had upon the Issue otherwise
the may be, it be found that said liquor in
spec to which an appeal was taken, was when seized
owned kept by any person for tn, purpose Of being
sold in violation Of this act, then said liquor and the
vessels containing it, shall by said court, he adjudged
forfeited, and the court shall adjudge said dcfenet
to pay the costs arising upon said appeal in addition
to the costs adjudgcd against him by the justice Of the
| peace.
SEC. IL. Whenever itshall be finally decided thai
liquor seized aforesaid is forfeited the justice vi
the peace, other court rendering final Judgment Of
forfeiture sha issue to the officer having said iq uor
in custody, to some other peace officer written or
der directing him foThwitn destroy sai0 liquor and
the vessels containing the same, and Immediately
ther AFTER make return Of said order to the
whence it issued, with his dongs endorsed thereon
which return shall in all cases be Whenever
it shall be finally decided that any liquor seized
not liable to forfeiture, be court 10y whom such fna
decision shall be rendered, shall issue written order
to the oficer having the in custody, to
other peace officer, To restore said liquor with the
sells ming the same to the place where it was
seized nearly may be, or to the person entitled to
receive it, which order the officer after obeyinr the
commands thereof, shall return toihe said court with
his oings thereon endorsed aud the costs Of the pro
ceedngs in such attending the restoration also
the costs attending the destruction Of such Liquor IL
Of forfeiture shall be taxed and paid in the same
manner is provided in cases of ordinary criminal
prosecution, where the prosecution fails.
SEC. IL. If any person shall be found in state
Of intcxication lie shall be deemed guilty Of mis-
demeanor, and any peace officer may without war
rant, and it is hereby made his duty to take such
perso. in custody and to dctain him in some suitable
Place, till an information can be made before mag
istrate and warrant issued in due form upon which
he may be rrested and tried, and if found guilty
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, and order the prisoner to be
discharged. when ever he shall become Satisfied that
the object of this law ~ the good OF the public and
of the prisoner viii be advanced thereby. In cases
of ordinary msdclneanor, within the jurisdiction Of
Justices Of the Peace.
SEC. I3. In any Indictment or nforma tion arising
under this act it shall not be necessary to set
| acty the kind quantity Of intoxicating liquors
manufactured sold kept for purposes Of sale,
the exact time Of the manufacture, sale, keep
ing with intent to sale, but proof Of the violation by
of which violation is briefly set forth within the time
mentioned in said Indictment or information. shall
be sufficient to convict such person, shall 1T be
necessary in any indictment or information to mega
tive any exceptions contained i'll the enacting clause
elsewhere which may be proper ground of defense,
ard in any prosecution for second subsequent Of
fence provided in this act, it shall not be requisite
to set forth in the indictment or information the
cord of former conviction but it shall be sufficient
briefly aege auch conviction shall it in every
case prove payment in order to prove sale within
the true meaning and intent Of this act, and the per-
son purcasing any intoxicating liquor sold in viola
tion Of this shall in all eases be competent wit
ness to prove such sale.
SEC. IA. Justice Of the peace shall be entitled to
receive for causing notices to be posted up and left
pursuant to section 10 fifty cents, for issuing
der pursuant to section II fifty cents, and any officer
who shall make service Of any warrant for the sez
ue Of and intoxca ting liquor, shall be allowed for
such services the sum Of dollar for the removal
and custody of such liquor his reasonable expenses,
aud 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.
SEC. Is. All payment or compensation for intoxl-
eating liquor hereafter sold in violation OF this act
whether such paymentor or compensation be IN money,
goods land labor anything else whatsoever shall
be held to have been received in violation Of law, and
against equity and conscience, and to have been
ceived upon valid promise and agreement OF the re
ceiver in consideration Of the receipt thereof, to pay
| on demand to the person furnishing such consldera-
ton the amount of said money, or the just value OF
such goods lands labor other things. All Bales,
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-
Of Intoxicating liquors sold in violation of tins
i ct,S
in all cases and no rights of any kind shall be acqu
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
or country contrary to the law of said State coun
try OF with intent to enable any person to violate any
provisions Of this act, shall any action be main
tanned for the recovery possession OF any lntoxca
ting lauer, or the value thereof except in case
where persons owning or possessing such liquor with
lawful intent. may have been illegally deprived Of
the same Nothing however in this section shall af-
feet in any way negotiable paper in the hands Of DO
ma fde holders thereof for valuable consideration
without notice Of any iIlegalty in its inception or
transfer, the holder Of land other property who
msy have rancn the same in good faith without no
tce Of any defect in the title Of the person from
whom the same was taken growing out OF violation
of the provisions of this act and all evidence given in
action brought by against snch bona fidc holders
shall in no way be affected by the provisions Of thi>
section.
| SEC. 16. The county Judge Of any CO., may from
time to time draw from the Treasury Of said county
such srms in his judgment shall be necessary fol
the purchase OF intoxicating liquor, by the agent oi
agents of such county To- he by them sold under tht
provisions Of this act. and agent appointed nndel
This act shall have power behalf Of any county
contract any debt for intoxicating liquor, which shall
be to any extent binding upon such county.
SEC. IL. The 55th Chapter of the Code Of Iowa i
her, by repealed which repeal shall take effect at th
time when this act shall go into operation; provided
however That all prosecutions which shall have beeI
commenced mt the time when this shall take ei!ec
may be carried on till final judgment and execution
irrespective Of this act, and shall be in way act
cd by sadrepeal.
SEC. IS. At the April election 10 be holden on th
first Monday in April, A. D. 1855. the question o
i prohibit the sale and manufacture of ntoxi
eating liquor, shall be submitted to the legal voter
Of this State. and at said April election poll shall
opened for that purpose at the place Of election in eac
township Of each county. The vote said questio
shall he by ballot. and the voters in favor uf sue
prohibition shall east ballot whereon shall be writ
ten or printed the For the Prohibiory Liquo
Law. and the voters opposed to such prohibition sha
cast ballot whereon shall he written printed th
!, words. Against the prohibitory liquor law Th
said ballots shall be received, and canvassed by th