Demoine courier., 1855-01-18


and shall be %impisoned in the county
Jail, not less than three ror more than six
months. And upon the trial Of every
Indictment or Information for violati on
of the provisions of this section, proof Of
the finding of the liquor named in the
Indictment or information in the posses
sion Of the accused in any place. except
his private dwelling house or its Deepen
denotes. Tor in such dwelling house or
dependencies, if the same be a tavern,
public ea.ing-house, grocery, or other
place of public resort,) shall be received
and acted upon by the Court as presump-
tive evidence that such liquor was kept
or held for sale, contrary 10 the provis-
lons of this act. .
SEC. q. In cases Of a violation of the
provisions Of either Of the three preced-
ing sections. the building or erection. OF
whatever kind, or the ground itself, in or
upon which such unla wful manufacture.
or sale. or keeping with intent to sell, of
any intoxicating liquor is carried on, or
continued. or exists, is hereby declared a
nuisance, and may he abated as the law
provides; and ia addition to the penalties
prescribed in said sections, whoever
shall erect, or establish. or continue, or
use any building, erection, or place, for
any Of the purposes prohibited in said
sections. shall be deemed guilty OF a
nuisance, and may be prosecuted and
punished accordingly in The manner pro-
rided by law. And proof Of the manu-
f~acture. sale or keeping with intent to
sell, of any intoxicating liquor, in viola.
lion of the provisions of this act, in or
upon the premises described. by the par
ty accused, OF by any other person under
the authority or by The permission of the
party accused. shall be deemed sufficient
as presumpsive evidence of the offence
provided for in this section.
SEC. o. II any three persons. resi-
dents Of any county, shall before a jus
tice Of the peace for the anne county,
make written information, supported by
oath OF affirmation, that they have
reason to believe, and do believe that any
intoxicating liquor. described as par,icu-
larly as may be in said Information, is
in said county in any place described as
particularly as may be in said in:eorma
ton, owned or kept by any person. nam
ed or described in said information as
particularly as may be, and is intended
by him TO be sold IN violation Of the
provisions OF this act; said justice shall
upon finding probable cause for such
%intormstion) issue his warrant of search,
directed to any peace officer in said coun-
,y, describing as particularly as may be
the liquor and the place described in said
information as the owner or keeper Of
said liquor. and commanding the said
officer 10 search thoroughly said place,
and TO seize the said liquor with the ves-
sells containing it, and to keep the same
securely until final action be had thereon;
whereupon, the said peace officer to
whom such warrant shall be delivered,
shall forthwith obey and execute. so far
as he shall be able, the commands Of said
warrant, and make return of his doings
to said justice, and shall securely keep
all liquors SO seized by him, and the yes-
sells containing il, until final action be
had thereon. Provided. however, tina.
if the place TO be searched be a dwell
ing house in which any family resides.
and in which NJ tavern, eating house,
grocery, or other place of public resort
is kept, such warrant shall not be issued,
unless one at least of said complain
ants shall on oath declare before said JUS
tice iha, he has reason to believe, and
does believe, tina, within one month next
before the making of said information
intoxicating liquor has been, in violation
Of this act, sold in said housesor in some
dependency thereof, by the person &C.
cused in said Information, or BY his con-
sent or permission; nor unless, from the
and circumstances disclosed by
such complainant to said justice, the said
justice shall be of opinion that SAID COM
plainant has adequate reason for such
belief.
SEC. 10. Whenever, upon such war
rant, such liquor shall have been seized,
VIC IuSVCc WdO tSSucu puCu warrant
shall, within forsy.eight hours after such
seizure. cause to be left At the place
where said liquor was seized, if said
place be a dwelling house. store or shop,
10 some conspicuous place on or
about said buildings. and also to be lef.
or a. the last known and usual place
Of residence Of the person named or des-
cribed in said information az the owner
or keeper Of said liquor. if he be a resi-.
dent Of this state. a notice summcning
such person. and all others whom it may
concern, to appear before said justice, AZ
. place and time named in said notice
time shall be not less than Ave
nor more than fifteen days after the post.
and leaving ofsaid notices. and show
cause, if any they have. why said liq-
uor, together with the vessels in which
The same is contained. should not be for
and said notice shall. with reason.
certainty, describe said liquor and
and hall stoto uhoro whop and