Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-02-16

served as above provided, the cause
shall. in like manner, be tried bysa ju-
ry, or the justice or mayor; and if it
is found that the liquor seized, or any
part thereof, was kept for sale in yio-
lation of law, a like judgment shall. be
rendered as above provided.
Sec. 10. Wherever judgment is
rendered that the liquor so seized as
aforesaid, is forfeited, the justice or
mayor or court rendering final iudg-
ment Of forfeiture, shall issue an order
TO the proper officer, directing him to
destroy said liquor. and to sell the YES
sells containing il, as other property is
sold on execution. without ,appraise-
ment: and the proceeds of such sale
shall be applied to the payment of the
costs OF the proceedings in the case
The officer shall execute such order
and return il as required by this Act,
with his doings endorsed thereon.
Sec. 10. Whenever il is decided
that the liquor so seized is not liable
to forfeiture, the justice. mayor, or
court trying the cause shall issue an
order to the pryper officer to restore
the said liquor with the vessels con-
tanning it, to the place where il was
seized. The proper officer shall, at
the expiration Of three days, execute
the order and make return thereof
with his proceedings endorsed thereon,
If an appeal is not taken by the State.
Sec. 90. Every device or contri-
vance made use of to deal out or sell
intoxicating liquor TO customers. and
at the same time to conceal or disguise
the person selling or dealing out such
liquor. with intent to prevent the
purchaser from identifying the person
selling or dealing out such liquor, is
hereby declared to be n nuisance. and
every mayor of the city, justice Of the
peace. or court Of common pleas may.
upon complaint made under oath,
cause notice TO be given to the owner
or tenant Of the place where such de-
vice or contrivance is used, and, after
three days notice try the cause, and il
the mayor, justice, or court, or jury
trying the cause find that such nui-
sancc exists, such mayor, justice OF
court shall order the proper officer ia
abate the nuisance by the destruction
or removal Of devise or contrivance
resorted to. The proper officer shall
execute such order forthwith, and re-
turn il with his doings endorsed there,
on.
SEC. FL Every person who shall
resort to any such device or contri
vance specified in the next proceeding
section for the purposes therein speci
fed, shall be deemed TO be guilty Of {
misdemeanor and, upon conviction
thereof. shall be fined in any sum no
: less than fifty dollars nor more thar
two hundred dollars, and imprisoned
in the county jail not less than THIRTY
days, nor more than ninety days, anC
! until the fines and Gusts are paid or re
plevied.
, SEC. 2e. 1t shall be the duty o
every sheriff, deputy sheriff, constable
J marshal, or policeman, to arrest an,
, person whom he shall see actually en-
: gagged in any violation Of this Act, ant
, to seize all liquor kept in violation
thereof. at the time and place of tn
commission Of such ofense, togethe
with the vessels containing the same
. and to forthwith take such person be
fore any magistrate of the country, {,
, be death with according to law an,
, to store such liquor and vessels S,
! seized, in some safe and convenien
, place to be disposed Of as in this Ac
provided. II shall be the duty of ev
: cry officer by whom any arrest an,
| seizure shall be made underthis sectio,
: to make complaint, on oath befor
: such magistrate, against the person
: or persons arrested, and to prosecut
: such complaint to judgment and excu
ton. II shall be the duty Of ever,
r such officer, whenever he shall sec an,
intoxicated person in any public place
+. or disturbing the public peace an,
, quiet, to apprehend such person an,
c take him before some magistrate an,
6 il such magistrate snail deem him To-
much intoxicated to be examined, o
: to answer, upon oath. correctly, h
: shall direct such officer to keep sue
q intoxicated person in some safe an,
g convenient place, to be designated b
such magistrate. until he shall becom
r sober and, thereupon, forthwith
: bring him before such magistrate
!. shall then administer to such person a
oath ssor affirmation and examine hin
for the purpose Of ascertaining wheth
!. err any offense has been committe
/ against any provision of this Act b
a any other person and il such witnes
: shall refuse to answer any questio
$ propounded by such magistrate, touch
: ing such offensc, he shall be imprisor
e oned in the county Jail until he cor
g sents TO answer. II such witness sha
e disclose any violation of this Act, tn
!. magistrate shall reduce such examino
/ ton to writing. in the form of CON
d plant against the person SO offending
!. which said witness shall sign, undo
e the penalty aforesaid, and verify tn
g same by his oath or affirmation.
o SEC. %. If any person shall mi
a drugs with any spurious or intoxica
}, ting liquor, to sell the same to be use
+ as beverage, or shall keep for sale. G
l. sell any drugged liquor, to be used a
e beverage, he shall be deemed to b
,f guilty Of a misdemeanor and upo
i conviction thereof, he shall be fined j
e any sum not less than twenty-five do
e lars, nor more than two hundred do
|. lars, and be imprisoned in the count
70 Jail thirty days, and until the fine an