The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1855-03-17

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offence for which the accused is upon his tri.
al is one for which the punishment as pre-.
scribcd hereby is more than one hundred
dollars or Imprisonment, or both, said JUS
tice shall proceed in such case in same manner
provided in section 213, of chapter Xxx.
Of the Revised Statutes; and il such fact
shall appear as aforesaid upon the trial Of
the cause 10y jury, said jury shall be dis
charged without rendering any verdict, said
justice Of the peace shall admit said dcicn-
dant or defendants to bail, or in default
thereof, commit him or them to await --
trial the next term Of the circuit court Of
I lc prope~cn. in the same maurer as provi-
ded by said section 203, Of chap. MN,
Revised Statutes In all cases where it
shall appear, from the officers return Of any
search warrant issued under the provisions
Of thi. act ~ any Justice Of the peace that
the liquor seized is Of greater value than one
hundred dollars, or if during or upon the
hearing OF trial Of said complaint as proy-
dud in the 18th section Of this act, il shall
appear to said Justice on the eyilcucc or Gf
the trial is hy jury by the verdict Of said
Jury that said liquor is Of greater value than
one hundred dollars, then in either or botlt
cases it shall be the duty Of said justice of
the pcacc not to render Judgment, but forth
with 10 make a record Of all the proceedings
before him. (axcopt the testimony Of wi'ncs-
scsj and certify the same under his hand and
seal, and file the same in the clerk office Of
the circuit court Of the proper county; and
said clerk shall, upon receiving and filing
said transcript, Immediately cause TO he
published in some newspaper in his county,
fani If there bc no nov paper IN said cOun.
ty, thcn shall cause TO be posted upon the
door Of the urt-housc,j and also ia c;hc.
case 10 he left with Ui at the last usual place
Of abode Of the person named in the said
c0mplaut as the owner or keeper Of said Ii
qpor. If such person hc resident OF this
state, & notice. SumWruiHy such person,
and a'l others whom il may concern, to ap-
pear before the said circuit court, at the
next term thereof and show cause, if any
they have why said liquor should not be
forfeited with the vessels containing II. Said
circuit court shall hoar and determine said
question Of Forfeiture Of -1id liquors and
shall proceed in the same manner provided
iu the 18th and iith sections hereof: PFort-
ifd, If two weeks shall not intervene be-
tween the day of publishing and scrysg
said notice rs aforesaid and the first day Of
the next term Of the sad circuit court, said
cause shall be continued until the next term
Of said circuit court The term justice Of
the peace, as herein used, shall not be con.
s,ricd to include police magistrates
S3i. II any person, by himself, clerk,
scr7 ant or agent, shall SCH. furnish or give
away any Intoxicating liquor, which shall be
impure or adu,tcratcl, he shall forfeit and
pav into the treasury ofthc torn, city, or,
If the offence j. committed without or be-
vond the limits ofauy incorporated town or
CITY county. not exceeding one hundred
dollars, and be imprisoned three months in
the iail Proriitd, no authorized agent APP
pointed hereinafter shall be subject 10 the L.
abilities Of this section, unless such agent
shall persist In in selling or furnishing such
impure or adutcrated liquor, knowing the
same TO he such; prosecutions under this
section may be, ii the offence Is committed
within thc limits of at inccrp city,
brought before police magistrate OF said c'
tv, or by Indictment in the circuit court Of
the proper county, whether committed with
in n city or not and If the offence is commit
ted without the limits OF acity, then the case
NAV first ce brought before any justice Of
the peace of the county, in the manner pro
vided in section BOB, ol chapter NAA. ol the
Revised Statutes.
SO. An laws ana parts Of laws inconsis.
tent with this act shall be repealed when
this act goes into operation: Procoded, that
all prosecutions which shall have been COM
menccd at the time this act goes into opera
ton, shall be carried on to final judgment
and execution, as if this act had not been
passed Pr0cids3, all laws authorizing the
issuing or granting licenses to sell spirituous
or intoxicating cr mixed liquors, shall be re-
pealcd from and after the date olthe passage
of this act.
! 81. No officer OF other person Shall be
liable to any action or persecution, civil or
criminal, in behalf Of any person or the peo-
plo, for the making issuing, trying or eSecu'
ting any complaint, warrant or other process
under this act or for instituting, prosecuting
or irving any suit, prosecution or other suit
hereunder: Proriied, said officer or other
person shall have acted in good faith
: 3s. Any married woman who shall
complain that liquor has been sold to her
husband, contrary to law, or any widow who
shall complain that liquor has been sold TO
her son or sons. contrary to law, may, in the
stead or place of the two residents required
by section twelve Of this act, make the com.
paint mentioned in said section twelve, o,
any other section OF th's act, and may nst',
tutc and carry on any prosecution provided
by this act. Nothing in this act shall bC
construed to require ihat scafch warrant
should be issued or executed PRIOR TO pros
ecution Tor violation OF any section OF th'S
act but such prosecution or prosecutions
may he instituted and carried on eIther with
or without the issuing or executing OF sucn
warrant All prosecutions iorahy VIOLATIONS
OF this act mny be by Indictment III 'he CIR
cut court OF the county Where inc ohenc'
may be committed anything hefe'n 70 th'
contrary Notwithstanding out u CONVECTION
before u lustlCe OF inc peace VI PVliVc mays