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

first conviction, shall be imprisoned in the county
Jail thirty days, and, in all cases until the fine
and costs are paid or repleved; but. if such sale
be made to minor, the fine shall not be less
than fifty dollars In any case.
SEC. II. All clerks, agents and servants of ev-
cry kind, employed in selling or keeping for sale,
any spirituous or Intoxicating liquor, in violation
of law. or without authority of law. shall incur
the same penalties and be proceeded against and
charged in the same manner as principals, and
may be convicted, whether the principal be con
vcted or not.
SEC. 12 Any person who shall purchase any
spirituous or Intoxicating liquor of any person
authorized by the commissioners to sell the same,
under false pretence that the purchase is for a
lawful use. with the intent to apply the same to
an Illegal use; or If any person shall apply any
such liquor to an illegal use, such person shall
be deemed to be guilty of misdemeanor; and,
upon conviction thereof, shall be fined in the
sum Of ten dollars. and imprisoned until the fine
and costs are paid re 1leved.
SEC. IS. No person shall own or keep any
spirituous or intoxicating liquor with intent 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 deemed to be guilty Of msde.
meanor, and upon conviction thereof for the first
ofense, shall be fined in any not less than
twenty dollars, more than fifty dollars, and
for the second offense, shall be fined in any sum
not less than fifty dollars, more than one hun
dred dollars, and for each subsequent ofense, one
hundred dollars and for eac o!ense after the frs.
conviction, he shall be imprisoned thirty days;
and in all cases, until the fine and costs are paid
or repleved. Upon the trial of every complaint,
charging the defendant with owning, selling or
keeping for sale spiriuous or Intoxicating liquors,
in violation of law, proof Of the finding of the
liquor. specified in the complaint, in possession
OF the accused, in any place, except his private
dwelling house or its depencies, Cor in such dwell
ling house or its dependencies, if the same be a
tavern, public eating house, grocery, or other
place Of public resort shall be received and act
ed on by the court, as presumptive evidence that
such liquor was kept for sale contrary to the pro
visions of law.
SEC. l. All spirituous or intoxicating liquor.
intended by the owner 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 forfeited and disposed Of as hereinafter
provided.
SEC. 10. Ii any three persons of good moral
character, residents of the county, shall file their
verified complaint or affidavit with any mayor or
justice of the peace of the county, that any spir
ituous or Intoxicating liquor is owned kept in
said county. In any place therein partic uarly de-
scribins the premises. by any person, whose name
shall be stated sf known t., the d4ponents- and if
the name is unknown, it shall be so stated in the
complaint, and is intended to be sold in violation
of law. the deponents have reason to believe
and verify do believe, the justice of the peace or
mayor shall issue his warrant directed to the
sheriff of the county, or to any constable of the
county, or marshal of the city, recltlng the mate
rial part of said complaint, and directing the Off
Ger to search thoroughly the said place, to seize
the liquor with the vessels containing 1t, and TO
keep the same securely until final action is had
thereon; whereupon, the officer to whom the war
l.1,, kali sIap
mand of the warrant forthwith, as far as he can,
and make return of his doings to the .ffcer issu-
ing such writ; and shall securely keep all liquors
seized by him. il any, and the vessels contain
ing it, until final action 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, grocery, business office, shop,
boarding victuaing house, public room OF
any kind. is kept, unless the occupant thereof
shall have been convicted, as herein provided, OF
having sold intoxicating liquor in his dwelling
house, suffered t to be done, within six months
next preceding the issue thereof.
SEC Is. Whenever it shall appear to such JUS
tice mayor, by the return of the officer serv
ing the warrant, that any spiri;uous or ntoxca-
ting liquor has been seized by the officer. the JUS
tice mayor shall forthwith, after the return, is
sue notice to all persons concerned in the sei-
zure, and issue summons commanding the per-
son so keeping owning the liquors so seized
as aforesaid, TO appear before him at his Office, a,
tims TO be specified. not less three nor more
than twenty days from the service thereof, to
show cause, il any he has, why such liquor so
seized aforesaid, with the vessels contsinin =
il, should not be forfeited, and the liquor destroy
ed; and the officer to whom the summons shall be
directed, shall serve the same forthwith by read
ing to the person named therein, or by leaving
copy thereof at his place Of residence, If he re
sde lin the county. and by posting copy of the
notice in some conspicuous place the premises
where the liquor seized. Ii the name of the
person owning or keeping said liquor shall be un-
known to the Justice he shall issue notice only
OF the seizure of such liquor TO all persons con
cerned, copy of which shall be posted up by the
officer serving the same, in some conspicuous
place on the premises where the liquor was
seized not less than three nor more than twenty
days before the dav set for trial.
SEC. Il. At the time and place set for trial. the
person accused and any other person claiming an
interest in the liquor seized may appear defen
dant, and show cause, if any he has, why the Ii
quor seized should not be forfeited. No plead
ing shall be required by the defendant but de
NAL of the charges IN the complaint and under
such plea the defendant may give in evidence al
matters of defense. Either party may demand
or the cause may be tried BY the justice or the
mayor where no jury is demanded. If the jury
or justice mayor trying thecause And that tbs
liquor any part OF 1t was kept for the purpos<
of Sale in violation of law. the justice o, may o.
shall enter Judgment that the liquor 50 seized a
aforesaid, much thereof as was kept fo