Demoine courier., 1855-03-22

O"s'ooJs " y sOsuC OtucI pcdCS OulCcfs
TO restore said liquor with The vessels
containing the same, TO the place where
il was seized as nearly as may be, or 10
the person entitled 10 receive it, which
order the officer after obeying the com
mands thereof, shall return TO The said
court with his doings thereon endorsed,
and the costs of the proceedings in such
case attending the restoration as also the
costs attending the destruction of sncl,
liquor in case of forfeiture, shall be taxed
and paid in the same manner ~ 10 pro-
vided N an ordinary criminal prosecution
where the prosecution fails.
SEC. IL II any person shall be found
in a state of in%ioxica,ion, he shall be
deemed guilty Of a misdemeanor, and
any peace officer may withou, warrant,
aud ills hereby made his duty TO take
such person into custody and to de,ain
him 10 some suitable place, ill an infor-
nation can be made before . magistrate,
and a warrant issued in due form upon
which he may be arrested and tried. end
it found guilty he shall pay .. 6ne Of ten
dollsrs ard the costs Of prosecution, and
shall be imprisoned in the county jail
thirty days. But the magistrate before
whom SUCH person is tried and convic.
ted may remit any portion Of such pen.
atty, aud order the prisoner 10 be dis
charged whenever he shall Nave become
satisfied tina, the object Of this law and
the good Of the public and Of The prison
er, will be advanced thereby. In cases
arising under this section, appeals may
be allowed as in cases of ordinary mis-.
dsmeanor within the jurisdiction Of Jus.
tees of The Peace.
SEC. Is. In any indictment or inior
nation arising under this act. it ehall no,
be necessary to Bel out exactly the kind
or quantity Of intoxicating liquors man
ufactured Or sold or KEEP, for purposes Of
sale, nor The exact time of the manuiac.
ture. or sale or keeping with intent to
sell. but proof of the violation by the &C
cused of any provisions of this act, the
substance of which violation 10 briefly
sci, forth wiln;a The time mentioned in said
Indictment or inform alton. shall be suf.
ficien, TO convict such person, o shall il
be necessary in any Indictment or ihsor
nation, to negative any exceptions in the
enaciing clause or else " here which may
oe pro per ground of defence, and in any
prosecution for a second or subsequent
offence, as provided in this act. it shall
not be requisite to sci forth in the indic,.
ment or information The record of a
for1er conviction, but il shall be sufi-
cient briefly to allege such conviction.
nor shall it be necessary in every case to
prove payment in order to prove a sale
within the true meaning and intent of this
act, and the person purchasing any intox.
seating liquor sold in violation Of this act,
shall in all cases be a competent witness
10 prove such sale.
SEC. Ia. A Justice Of the Peace shall
be entitled to receive, for causing notices
to be posted up and lief. pursuant to Sec
lion ten, fifty cents, for issuing an order
pursuant 10 section eleven, fifty cents. and
the officer who shall make service of any
warrant for the seizure of any ~intoxica-
ting liquor, shall be allowed for such ser,
vice the SUN Of one dollar. for the re-
movai and custody of such liquor his
reasonable expenses, aud n dollar for
delivery DR. destruction Of liquor under
order OF court, his reasonable expenses
and one dollar. and for posting and lesv.
ing notices purs uant to section len. one
dollar.
SEC. Is. All payments or compensa.
tion for intoxicating liquor hereafter sold
in violation OF this act. whether such
payments or compensation be in money
goods, land labor. or anything else what
soever. shall be held 70 have been receiv-
ed in violation Of law. and against equity
and good conscience and to have been re-
ceived upon q valid promise and agree.
ment of the receiver in consideration
Of the re ceipt thereof. to pay on demand
to the person furnishing such considera.
ton the amount Of such money, or tie
value Of such goods, land, labor. or 9th.
er lhings. All sales, transfers. convey.
ances, mortgages, leins. attachments.
pledges and securities Of every kind.
which either ia whole or in part. ehall
have been made for or on accoun, Of in.
.oxica,ing liquors sold in violation Of this
act. be utterly null and void againss oil
persons in all cases, and no RICH, of any
kind shall be acquired thereby, and no
action Of any kind shall be- maintained
in any court in this state for intoxicating
liquors. or the value thereof. sold in any
other State or country contrary to the
law Of said State or country, or with IN.
tent TO enable any person 10 violate any
provision Of this act, nor shall any &C.
ton be maintained for the recovery OF
possession of any intoxicating. liquor,
or the value thereof, excep, in cases where
persons owning or possessing such liquor
with lawful intent. may have been lille,
gally deprived Of the same. Nothing
however, in this section shall effect il
any way negotiable paper in the hands
Of bonaiGe holders thereof, for valuable
consideration withnnt nntira IF any lila