The Evansville daily journal., 1855-06-15

AN ACT

Ia ton of law, or without authority OF law, by
himself or agent, directly or Indirectly, un-
der any pretence whatever, sell or give to
any person, for any valuable consideration
whatever, or as an inducement to purchase
any article of value, any spirituons or intoxi-
eating liquor, shall be deemed to be guilty
of misdemeanor, and upon conviction there
of for the first offense, shall be fined in any
sum not less than twenty dollars, nor more
than fifty dollars; and for the second offence
not less than fifty dollars, nor more than one
hundred dollars, and for each subsequent
offence after the first conviction, shall be
imprisoned in the county Jail thirty days, and
in all cases, until fine and cost arespaid or
repeved; but if such be made to minor, the
ne shall not be less than fifty dollars in any
case.
SEC. IL. All clerks, agents and servants
of every kind, employed in selling, or keep
ing for sale, any spirituous or intoxicating
liquor, in violation of law, or without au
thority of law, shall incur the same penal
ties, and be proceeded against and charged
in the same manner as principals, and may
be convicted whether the principal be con-
victed or not.
SEC. II. Any person who shall purchase
any spirituous or intoxicating liquor of any
person authorized by the Commissioners to
sell the same, under a falses pretence that
the purchase is for lawful use. with intent
TO apply the same to an illegal use, or if any
person shall apply any such liqsor to an lille
gal use, such person shall be deemed to be
guilty of misdemeanor, and upon conviction
thereof, shall be fined in the sum of ten dol
| lars. and imprisoned until the fine and costs
are paid or replevied.
SEC. lS. No person shall own or keep
any spirituous or Intoxicating liquor, with in
ten; to sell the same in violation of law, or
permit the same to be sold in violation of law;
and every person who shall own or keep such
liquor, with any such intent, shall be deem
ed 20 be guilty of msdemeanor, and upon
conviction thereof, for the first offence, shall
be fined in any sum not less than twenty
dollars, nor more than fifty dollars; and for
the second offence, shall! be fined in any sum
not less than fifty dollars, nor more than one
hundred dollars; and for each subsequent
offence one hundred dollars; and for each Of
fence, after the first conviction, he shall be
prisoned thirty days, and in all cases, until
the fine and costs are paid or repeyied.-
Upon the trial of every complaint charging
the defendcnt with owning, selling or keep
ing for sale sprituous or intoxicating liquors,
in violation Of law, proof of the finding of the
liquor, specified in the complaint in posses
sion of the accused, in any place, except his
private dwelling house or its dependencies.
Cor in such dwelling house or its depe enden-
cies, if the same be tavern, public eating
house, grocery, or other place of public re-
sort,) shall be received and acted on by the
Court, as presumptive evidence that such
liquor was kept for sale contrary to the pro-
visions of law.
Sec. IA. All spirituous and intoxicating
liquor, intended by the owner or keeper
thereof, to be sold in violation of law, and
the vessels containing the same, shall be
deemed to be a nuisance, and shall be for
feited and be disposed of as hereinafter pro-
vided.
SEC. Is. If any three persons, of good
moral character, residents of the county,
shall file their verdict complaint or affidavit
with any mayor or justice of the peace of the
county, that any sprituoCs or intoxicating
liquor is owned or kept, in said county. in
any place, therein particularly describing the
premises, by any person, whose name shall
be stated, if known to the deponents, and if
the name is unknown it shall Sc be stated in
the complaint, and is intended to be sold in
violation of law, as the deponents have rea.
son to believe, and verify do believe, the
Justice of the peace, or mayor, shall issue his
warrant, directed to the sheriff of she county
or to any constable of the county, or marshal
of the city, reciting the material part of said
complaint, and directing the officer to search
thoroughly the said place, to seize the liquor
with the vessels containing it, and to keep
the same securely until final action is had
thereon; wherespon the officer to whom the
warrant may be delivered, shall execute the
command of the warrant forthwith, as far as
he can, and make return of his doings to the
= officer issuing such writ, and shall securely
: keep all liquors so seized by him, if anv, and
, the vessels containing it, until acton is had
thereon. But no warrant shall be issued
under this Act to search any dwelling house
in which, or part of which, no tavern, store,
: groceries, business office, shop, boarding or
victuraling house, or pubic room of any kind,
is kept, unless the occupant thereof shall
have been convicted, as herein provided, of
having sold liquor in his dwelling house, or
: suffered it to be done, within six months next
| preceding the issue thereof.
SEC. 16. Whenever it shall appear to
such justice or mayor, by the return of the
officer serving the warrant, that any spiritu-
. Gus or intoxicating liquor has been seized by
, the officer, said justice or mayor shall forth
with, after the return, issue a notice to all
persons so keeping or owning the liquors so
seized, as aforesaid, 10 appear before him, at
his Office, at time to be specified, not less
than three. nor more than twenty days from
the service thereof, to show cause, if any he
has, why such liquor, so seized, as aforesaid,
with the vessels containing it, shall not be
, forfeited, and the liquor destroyed; and the
= officer to whom the summons shall be direct
r ed shall serve the same forthwith, by read
8 ing to the person named therein, or by leav-
ing copy of the notice in some conspicuous
: place on the premises where said liquor was
s seized. If the name of the person owning