Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-02-16

uous or intoxicating liquor, In violation
of law, or without authority Of law,
shall incur the same penalties. and be
proceeded against and charged in the
same manner as principals. and may
be convicted. whether the principals
be convicted or not.
SEC. i2. Any person who shall
purchase any spirituous or Intoxicating
liquor of any person authorized by
the commissioners TO sell the same,
under a false pretence that the pur-
chase Is TO- O lawful use, with intent
to apply the same to an illegal use;
or il any person shall apply any such
liquor to an illagal use, such person
shall be deemed TO be guilty of mis-
demeanor; and, upon conviction there
Of. shall be fined in the sum OF ten
dollars. and imprisoned until the fine
and costs are paid or replevied.
Sec. IS. No person shall own or
keep any spirituous OF intoxicating
liquor with intent to sell the same in
violation Of law. or permit the same
to be sold in violation Of law; and
every person who shall own, or keep
such liquor with such intent. shall be
deemed to be guilty OF a misdemeanor,
and upon conviction thereof, for the
first offense, shall be fined in any sum
not less than twenty dollars. nor more
than fifty dollars, and for the second
offensc, shall be fined in any sum mol
less than fifty dollars. nor more than
one hundred dollars, and for each sub
sequent offense. one hundred dollars,
and for each offense after the first
conviction, he shall be imprisoned
thirty days; and in all cases. until the
fine and costs are paid or replevied.-
Upon the trial Of every complaint,
charging the defendant with owning
selling or keeping for sale spirituous
or intoxicating liquors, in violation o.
law, proof Of the finding Of the liquor,
specified in the complaint, in possess
ion Of the accused, in any place, ex'
cept his private dwelling house or it:
dependencies, or in such dwelling
house or its dependencies, il the same
be tavern. public eating house. gro.
Gerry, or other place Of public resort,
shall be received and acted on by tn,
court, AS presumptive. evidence thai
such liquor was kept for sale contrary
to the provisions Of law.
Sec. IA. All spirituous or intoxi
eating liquor, intended by the owner
or keeper thereof to be sold in viola
ton Of law, and the vessels containing
the same, shall be deemed TO be |
nuisance, and shall be forfeited anC
disposed Of as hereinafter provided.
Sec. rs. II any three persons o
good moral character, residents of thu
county, shall file their verified com
plant or affidavit with any mayor o.
justice of the peace Of the county, il
any place therein. particularly des
cribing the premises, by any person
whose name shall be stated, il know
TO the deponents. and II the name !
unknown it shall be so stated in tn,
complaint, and is intended 10 be soil
in viola ton Of law. as the deponent
have reason to believe and verify d,
believe, the justice Of the peace o
mayor shall issue his warrant TO tn
sheriff of the county, or to any con
stable Of the county, or marshal o
the city, reciting the material part o
said complaint, and directing the off
Ger to search thoroughly the salt
place, to seize the liquor with tn
vessels containing il. and to keep tn
same securely until final action is ha,
thereon: whereupon, the officer b
whom the warrant may be delivered
shall execute the command Of the war
rant forthwith, as far as he can, an,
make return Of his doings to the off
Ger issuing such writ; and shall Sc
curely keep all liquors so seized b,
him, if any, and the vessels containing
il, until final action is had thereon
But no warrant shall be issued unde
this Act, to search any dwelling hous
in which. or part of which. nc tavern
store, grocery. business office, shop
boarding or victualing house, orpubli
room Of any kind, is kept. unless tn
occupant thereof shall have been con
victed. as herein provided. Of havin
sold intoxicating liquor in his dwellin
house. or suffered it to be done With
six months next preceding the issu
thereof.
Sec. is. Whenever il shall appea
to such justice or mayor, by the re
turn of the officer serving the Warrant
that any spirituous or intoxication liz
uor has been seized by the officer
the justice or mayor shall forthwith
after the return, issue q notice 10 q
persons concerned in the seizure, an
issue a summons commanding the pei
son so keeping or owning the liquor
so seized as aforesaid, to appear b.
fore him at his Office, at a lime to b
specified, not less than three. nor moi
than twenty days from the servic
thereof, to show cause, il any he ha
why such liquor so seized as aforesaid
with the vessels containing it, shout
not be forfeited and the liquor de-
troyed; and the officer to whom Il
summons shall be directed shall ser'
the same forthwith, by reading to Il
person named therein, or by leaving
copy thereof at his place of rcsidenc
If he reside in the county, and by pos
ing copy of the notice in some col
spicuous place on the premises whel
the liquor was seized. If the name
the person owning or keeping said Ii,
uor shall be unknown TO the justice. |
shall issue a notice only of the seizu
Of such liquor, to all persons concerI
ed. a copy of which shall be posted I