Burlington tri-weekly hawk-eye. [volume] (Burlington [Iowa]) 1852-1855, 1855-02-17
= AN ACT. IN
Rer the ssppressisn Of lasemrsranes.
rCoccludet1. I


ouors shall have been seized the Justice who Issued
euch warrant shall, within forty hours aftes
such SEIZURE to be left ut the place whore said
liquor was seized if said place Be dwelling mousse
.Sss sos iaI ssi R nd al.oso & left ~i
last known and usual place Of residence q tnc PEI
son named, or escribed n mid information, ae the
owner keeper of said iquer if he BE- resident q
this State. notice summoning such person. anu o.,
others whom it may concern, 70 appear before sara
Justice at place and time named IN said no,Ice,
(which time shall not be less than i've nor more snan
fifteen days after the posting and leaving u sara no
taoss) and show cause It any thay nave, WY .uu
contained, should not be forfeited; and sara notice
shall with reasonable certainty describe said liquor
and vessels, and shall state where when ana why tue
same we're SEIZED At tho time and place prescl,ueu
in said notice. the person named in said iniormaOn,
any other person Or persons claiming an interest 10
said iQn0r and vessels, any part theretL may aP
pear and show cause Why the sumo should not Ne TOT
feitsd Il any person shall then and there 90 appeaI
he saal become q party defendant in said ease, ana
sad Justice shall make record thereof, whether any
person shall so appear not, said Justice snal ~
the prescribcd time proceed to the trial Of sad
and said complainants, either OF them, may anu
upon their default the officer having sncn liquor -
custody SHALL appear before said Justice, and prose
cute said information, and show cause why svcn quor
should be adadged forfeited. The IN .ne
trial Of such may be the same Substantially rs IN
cases Of msemeanor, nyabe before Justicss oI sne
peace and if any person shall appear and be made
party defendent AZ herein provided and shall MAKO
written plea that said liquor or the part thereof
claimed BY him was not owned or kept with intent g
be sold in violation OF this act such party dcfendent
NAV Mt his option demand jury to tryt the issue and
il upon the evidence then and there preeented the
said jus jury rs tho case may be- shall ma LOT
verdict that said liquor was when seized owned or
kept by any person sad party M ~
act the said justice shall render Judgment that SAID
liquor or said part thereof with the vessels in when
it contained is forfeited, il person he made de-
PENDENT in manner aforesaid OF If judgment be made
in favor Of all the defendants who appear and are
made SUCH then the costs Of the shall be paid as
in ordinary criminal prosecutions where the prosccu-
ton fails If the Judgment shall be against only one
adudged 70 pay ali the costs Of tile proceedings in
the seizure and detention Of the liquor claimed by
hin up 70 that time and If said trial. But If such
Judgment shall be against moro than one party de-
PENDENT claiming distinct interests in said liquor then
the cost of said proceedings and trial shall be accord
ing the discretion of said justice cquitabiy appor-
toned among said defendants and execution shall be
issued on such judgments against said defendants for
the amount Of the costs 50 adjudged against them-
| And any person appearing and becoming party de-
PENDENT aforesaid, msy appeal from said Judgment
of forfeiture to the whole any part of said liquor
any vessels claimed by him and adudged forfeited
to the next term Of the district court in said county,
If the rendition Of the Judgment, he sorne one
for him, shall make cluse to be made an affidavit
stating the facts showing the alleged errors in the
proceedings OF judgment complained of; and If also
such rendition Of Judgment he shall file with the
;us.ce written undertaking in sum and with sure
ties to be approved by said Justice that said defendent
will prosecute the appeal without delay. and will pay
whatever sum may be adudgcd against him in the fur
thcr progress Of the action. On tho allowing of such
appeal the justice shall file in the Office of the clerk Of
said district court certified copy Of the entries his
docket together with all the undertakings and papers
in the cause. in the manner ~ isprovided in
of appeals in misdemeanors trab'e before jus
! tice Of the peace. And if tho party so appealing
shall fail to aear before said district court at the
next term thereof and the first lay of said term to
prosecute his appeal tho said court shall without fur
ther proceeding affirm the Judgment from which such
appeal taken. But if the party appealing shall
appear and If trial had upon the Issue otherwise
the may be. it he found that said liquor in
spec. to which appeal taken, when seized.
Or kept by any person for ths Of being
sold in violation Of this act then said liquor and the
vessels containing it. shall bv said court be adjudgd
forfeited and the court shall adndge said dcfendent
to pay the costs arising upon said appeal in addition
to the costs adudged against him by the justice Of the
peace. 5stfa} 81. sss,s 800
SEC. IL. Whenever il shall I've finally decided that
liquor seized rs aforesaid is forfeited the justice Of
the peace. other court rendering final judgment of
forfeiture shall Issue to the officer having said liquors
in custody. to SEINE other peace officer written
der directing him forthwith to destroy i'd liquor and
| the vessels containing the same. and Immediately
thereafter to make return of said order to the court
whence it issued, with his dongs endorsed thereon
rhch return shalt in all cases be to. Whenever
Il sha be finally decided that any liquor aezci is
decision shall bc rendered. shall issue written order
to the officer having tho same in custody. or to
other peace officer, to restore said liquor with the
sells aiming the to the place where It wes
seized nearly may be- to the perfcn entitled to
receive it, which order the officer after obeyinc the
commands thereof shall return to the said court with
his doings thereon endorsed and the costs of the pro-
c.edngs in such attending the restoration also
AE
Of forfeiture shall be taxed and paid In the sac
manner Is provided in Of ordinary criminal
prosecution, where the prosecution fails.
FEC. H. IL any person shall b found in state
| Of intoxication he shall be deemed guilty of mis-
/ dcmeanor, and any peace officer may without war
rant, and it is hereby made his duty 10 take such
person in custody and to detain him in some suitable
Place, till nforms tor can be made before ma
istrate and warrant issued in due form upon which
| he may be rrested and tried. and II found guilty
he shall pay fine of ten dollars and the costs Of
prosecution, and shan be imprisoned in the county
jail thirty days. But the magistrate before whom
portion Of such penalty and order the prisoner to be
discharged, when he shall become satisfied TINT
the object of this law aid the good Of the public and
of the prisoner will be advanced thereby. In cases
Of ordinary mifdcmeanor, within the jurisdiction Of
Justices of the Peace. sa3
i SEC. Is. In any indictment 81 information arising
this act it shall not be necessary to set out OK
acty the kind or quantity Of intoxicating liquors
or sold kept for purposes of SALE nor
the exact time Of the manufacture or SALE or Keep
ing with intent to sale, but proof Of the violation by
accused Of any provision Of this act the substance
Of which violation Is briefly forth within the time
mentioned in said indictment or information. shall
be sufficient to convict such person, nor shal il 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
and in any prosecution for second subsequent Of
fence provided in this it shall not be requisite
to set forth in the Indictment Information the re-
cord of former conviction, but il shall be sufficient
briefly to allege such conviction shall it in every
case to prove payment in order to prove sale within
hal So Az.