The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1855-01-24


sion of said Act, the manufacture or keeping
for sale thereof, shall be deemed violation
of this Act.
SEC, -. 1t shall be the duty Of the city
attorney TO prosecute all suits under tSis
act. which may be brought before the .nayor
Of ary city; and it shall be the duty of the
district attorney, by himself or by depaty, to
prosecute all suits under this act which may
BE- brought before justice Of the peacc, or
before the court OF common pleas of the
county or district, sud to prosecute all fp-
peals of suits under this act, in the circuit
courts and courts OF common pleas of his
county' or district; and where there is no
city attorney he shall prosecute oil suits un.
der this Act before the mayor Of any city. ,.
SEC. =. 'urts OF common pleas, justices
of the peace and mayors Of city, shall
have original concurrent jurisdic ton of all
offenses against The provisions of this Act
The jurisdiction of mayor shall extend to
cases arising within the limits Of the city,
and the jurisdiction of justices of the peace
shall extend throughout the county .includ.
ing cities. sgsa3B hnE s3aaIBeGa
SEC. =. Every prosecution under this
Act before justice of tie peace, or mayor
Of city, shall be, upon complaint under.
oath, or written examination unLer oath, as
prescribed in this Act; and every prosecution
under this Act in the Court Of Common
Pleas, shall be upon complaint under oath.
or affidavit and ON information founded
thereon. i- -
SEC. =. Costs shall be assessed in pro-
ceedings under this Act as in other criminal
proceedings, except when otherwise Iruyid.
ed; but in all cases Of conviction a docket fee
of three dollars shall be taxed in favor of
the attorney whoss duty it is to prosecute
the cause; and in all cases Of conviction
upon appeal, docket fee of five dollars shall
be taxed in favor of the attorney whose duty
| it is to prosecute the cause. les,-tl
SEC =. If any person claiming any inter-
est in any spirituous or intoxicating liquor
seized as nuisance, and heving actual
know ledge or notice OF the seizure by any
means whatever, shall not assert his claim
upon the trial, he shall be deemed to have
waived his claim, and shall not afterwards
assert any right thereto whatever, or any
claim for damages. Judgment of forfeiture
against any spirituous or intoxicating liquor,
under the provisions of this Act. shall ope-
rate as a Judgment in rem and absolutely
vests the property in such liquor in the coun
ty, and the validity OF such judgment, or the
right OF property in such liquor shall not be
contested, or, questioned in any action, in
any court by any person except by appeal Of
the cause in which the judgment of forfeit
ure is declared; and no court shall take
jurisdiction of any action of replevin or any
other action to try the validity of the pro-
ceedings in which the forfeiture is declared,
except as herein provided. -
SEC. =. Any person feeling aggrieved by
any Judgment of the mayor Of city, or
justice OF the peace, may appeal, within
thirty days, to the Court of Common Pleas,
or Circuit Court OF the county, but the APP
| pellant shall, before the appeal is granted,
enter into a reccgnzance before the justice
or mayor with approved security in the penal
sum of twice the amount Of the Judgment
conditioned that the appeIlent will person.
ally appear in the appellate court, and pay
the Judgment and costs that may be rem
dered against him and abide The order Of
the court and not depart without leave.
SEC. =. When an appeal is taken the
magistrate shall forthwith make OUT a. fair
transcript of the proceedings nd file it, with
a!lthe papers in the cause, and the appellate
Court shall try the cause, with or without a
jury, and render a judgment, and enforce il,
according to the provisions of the Act. !.
Sec. -. Whenever any splrituous or
intoxicating liquor is seized as a nuisance
under any provision of this Act, the officer
SEEING II shall keep the same safely in some
secure place until final Judgment; and if
Judgment offorleiture be given against such
liquor, or any part of il, he shall deposit such
liquor with the County Agent, duly appoint.
ed to sell Intoxicating liquor, for safe keeping,
and take his receipt therefor for safe keep
ling; and il no appeal is taken within thirty
days, the officer shall return the receipt tor
safe Keeping, and take an absolute receipt
for such liquor, and make return of his order;
ard the Agent shall dispose OF such liquor,
according 10 the provision Of the Act relative
thereto But if an appeal is taken, the Of
hcer shall return his order to the proper
Court, endorsed that he had delivered the
liquor so seized to the County Agen, for safe
Keeping, and the County Agent shall keep
such liquor subject to the order OF the APP
pc late Court. Whenever judgment is given
against the State upon the seizure Of such
liquor as nuisance, the attorney prose Gu
ting the action, or the district attorney, may
cause the action to he taken to the appellate
Court upon appeal, at any time within three
days, without any bond being fled on the
part OF the State. And the officer seiZing
the liquor shall not return it to the place Of
seizure until the expiration of three days;
and upon an appesI being on the part of the
Ste 2, he shall deposit the liquor seized with
tile County Agent for sale keeping, and
make his return accordingly. The officer
Selling any spirituous or Intoxicating liquor
under any provision of this Act, shall so
preparest the vessels containing the same that
/ no liquor can be taken therefrom without
lbreakinga seal. Whenever final judgment
lis given against the State in such cause, that
the liquor so seized is not a nuisance and
4 not subject TO forfeiture, the county shall