The Richmond Indiana palladium. [volume] (Richmond, Ind.) 1854-1855, 1855-02-16

4 execute
such order. and return it as required bv this Act
with his doings endorsed thereon
SEC. I9. Whenever il is decided tha, the LIQUOR
so seized is not liable to Forfeiture the Justice
uavor or court trying the shall issue an or
der to the proper officer to restore the said LIQUOR
with the vessels containing it TO the place where
it seized The proper officer SHALL az the
expiration OF three days. execute the order and
make return thereof with his proceedings endors-
ed thereon. if no appeal is taken by the State.
SEC. 90 Every device contrlyauce made
use of to deal out or sell intoxicating liquor to
customers and at the same time to conceal or dis
guise the person selling dealing out such T.
quor, with intent TO prevent the purchaser from
identifying the person selling or dealing out such
LIQUOR is hereby declared 10 be a nuisance, and
every mayor of the city. justice OF the peace. or
court of common pleas may, upon complaint
made under oath, notice to be given to the
owner tenant of the place where such device
or eontrivance is used. and after three DAYS no.
tice try the cause. and if the mayor. justice or
court, or jury trying the cause find that such nui
sance exists, such mayor, Justice or court shall
order the proper officer to abate the nuisance by
the destruction or removal of device contri-
vance resorted to. The proper officer shall exc
cute such order forthwith, and return it with his
doings endorsed thereon.
SEC 21. Every person who shall resort to any
such device or contrlvanee specified III the next
preceding section for the purposes therein speci-
tied shall be deemed guilty Of a misdemeanor;
and, upon conviction thereof shall be fined in any
sum not less than fifty dollars more than two
hundred dollars and imprisoned in the county
Jail not less than thirty days more than nine
ty DAYS, and until the fines and costs are paid or
replesied.
SEC o. 1t shall be the duty OF every sheriff,
deputy sheriff, constable marshal OF policeman
10 arrest every person whom he shall see actual
. " in he, of pf To
seize all liquor kept in violation thereof, at the
time and place of the commission of such offense.
together with the vessels containing the same;
and 10 forthwith take such person before any ma
gistrate of the county, to be dealt with according
10 law; and to store such liquor and vessels SO
seized in some safe and convenient place TO be dis
posed of as in this Act provided. Il shall be the
duty of every officer by whom any arrest and
seizure shall be made under this section, to make
complaint. oath, before such magistrate,
against the person or persons arrested, and to
prosecute such complaint to judgment and execu-
ton. 1t shall be the duty of every such officer,
whenever he shall see any intoxicated person in
anv public place, or disturbing the peace and
1niA. .rr,r-l,-a s,,eh person and take him be-
fore some magistrate; and if such magistrate
shall deem him too intoxicated 10 be examined, or
to answer on oath correctly, he shall direct such
officer to keep such intoxicated person in some
safe and convenient place, to be designated by
such r.iassirato, ~ntil ho shall become sober: and
thereupon forthwith to bring him before such
magistrate; and such magistrate shall then admin
ister to such person oath affirmation, and
examine him for the purpose of ascertaining
whether any offense has been committed against
any provision of this Act by any other person;
and if said witness shall refuse to any
question propounded by said magistrate, touching
such offense he shall be imprisoned in the county
Jail until he consents to answer. If such witness
shall disclose any violation Of this Act, the ma
gistrate shall reduce such examination to writing
in the form Of complaint against the person
offending which said witness shall sign. under
the pena ty aforesaid. and verify the same by his
oath affirmation.
! SEc. 23. If any person shall mix drugs with
any spirituous or intoxicating Iquor, to sell the
same to be used beverage shall keep for
sale sell any drugged liquor to be used as
beverage, he shall be deemed to be guilty of
nisdemeanor and upon conviction thereof, he
shall be fined in any not less than twenty
FIVE dollars, nor more than two hundred dollars
and be imprisoned in the county jail thirty days,
and until the fine and costs are paid or replevied
The possession of such drugged liquor with the
usual vessels and furniture for selling liquor. shall
be presumptive evidence that such drugged Il
quar was kept for the purpose of illegal sale.
SIC "a No person who shall, at the time, be
an hsbitual drinker of intoxicating liquor, or who
shall be- engaged in the unlawful manufacture
sale of Intoxicating liquor, who shall have
kept any intoxicating liquor for unlawfu SALE
sl.aH, within one year thereafter be competent
juror in the trial OF any prosecution under the
laws. touching the unlawful manufacture, sale
keeping for sale OF any spirituous or intoxicating
liquors Any person summoned a Juror may
be inquired Of, under oath, as 10 his competency
relative 10 the matters specified In this section;
and the person inquired of shall make full and
true answers but his answers shall not be used
against him IN any prosecution for the same mat
ter; or he may decline to answer, Ia which case
lie shall be set aside as incompetent.
SEC. 25- All contracts, notes, bills. bonds,
deeds and mortg ages made in consideration of the
illegal sale OF intoxicating liquor, shall be abso-
utelv vcid; and all contracts, notes. bills bonds
deeds and mortgages made il part con Iteration
OF the illegal sale OF intoxicating liquor, shall be
void far as the illegal consideration is concern
cd All money. and every article of value of
every kind, the value thereof paid or transfer
red for the illegal sale of ntoxc ating liquor may
be recovered by the person paying OF transferring
the same.
SEC, 26. Nothing contained in this Act shall
be 50 construed 10 prohibit the manufacture Of
keeping for sale or the sale of burning fluids Of,
aay kind, perfumery, essences, chemicals. dyes.
;. paints vsrnishes, cosmetics, solutions of medi-
, cnaI drugs, medicinal compounds, or any other
; article which may be composed in part of alcohol
other spiTituous liquors, If not adapted TO use
as beverage; Proeided hoacsrer, that if such
article s capable Of being used is intended to
be used beverage, or in evasion of said Act,
the manufacture or keeping for sale thereof, shall