The Evansville daily journal., 1855-06-15
SEC. %. All contracts, notes, bills, bonds

SEC. 25. All contracts, notes, bills, bonds
deeds, and mortgages made in consideration
of the illegal sale of intoxicating liquor, shall
be absolutely void; and all contracts, notes,
bills, bonds, deeds, and mortgages made in
part consideration of the illegal sale of in
toxicatihg liquor, shall be void so far as the
illegal consideration is concerned. All
money and every article of value of every
kind, or the value thereof paid or transferred
for the Illegal sale eofintoxicating of liquor. may
be recovered by the person paying or trans
ferfing the same.
SEC. &c. Nothing contained in this Act
shall be so construed as to prohibit the man
ufacture or keeping for sale, or the sale of
burning fluids of any kind, perfumery. essen
ces, chemicals, dyes, paints, varnishes, cos.
metics. solutions of medicinal drugs, medi-
cinal compounds, or any other article which
may be compounded in part of alcohol or
other spirituous liquors, if not adapted to use
as beverage. PROVIDED, holpeuer, that If
such article is capable of being used, or 10
intended to be used as beverage, or in eva
sion of said Act, the manufacture or keeping
for sale, or sale thereof, shall be deemed a
violation of this Act.
SEC, 27. 1t shall be the duty of the city
attorney to prosecute all suits under this Act,
which may be brought before the mayor of
any city; and il shall be the duty of the Dis
trict Attorney, by himself, or by deputy, to
prosecute all suits under this Act, which
may be brought before Justice of the Peace,
or before the Court of Common Pleas of the
county or district, and to prosecute all ap-
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 all suits under
this Act, before the mayor of any city.
SEC. %. Courts of common pleas, justices
of the peace, and mayors of cities shall have
original concurrent jurisdiction of all offences
against the provisions of this Act. The
jurisdiction of mayors. and of justices of the
peace, shall extend throughout the county
SEC. %. Every prosecution under this
Act before justice of the peace, or mayor of
city, shall be upon complaint under oath or
affirmation; and every prosecution under
this Act in the Court of Common Pleas,
shall be upon complaint under oath or affida-
Wit and on information founded thereon.
] Sec. 80. Costs shall be assessed in pro-
eedings under this Act as in other criminal
cases, except when otherwise provided; but
in all cases of conviction docket fee of fiv e
dollars shall be taxed in favor ofthe Attorney
who prosecrtes such case; and, in the ab-
SenCe Oh the prosecuting ottoTueyS tHo COuFL
ing such cause is authorized to appoint an
attorney to prosecute such complaint. In
case of final conviction in any appellate
court, the accused party shall pay all costs.
including docket fees, which may have been
assessed against him in the inferior court or
courts.
SEC. 81. If any person claiming any in
terest in any spirituous or intoxicating liquor
seized as nuisance, and having knowledge
OF notice, as required Gy this Act, of the
seizure, 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 DAM
ages. Judgment of forfeiture against any
spirituous or intoxicating liquor, under the
provisions of this Act; shall operate as a
judgment, an rem, and the validity of such
Judgment shall not be contested, or question
ed in any action. in any court, by uny per-
son, except by appeal of the cause in which
the judgment of forfeiture is declared; and
no court shall take jurisdiction of any action
of replevin, or any other action to try the
validity of the proceedings in which the
forfeiture is declared, except as herein pro.
vided.
| (To BE CoNTINUED.)