The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1855-06-16
The Prohibitory Liquor Law.
(CoNCLUDED.1

Justice of the Peace, may appeal within
thirty days, to the Court of Common Pleas
or Circuit Court of the county, but the ap-
pellant shall, before the appeal is granted
enter into a recognizance before the Justice
or Mayor with approved security in the pc.
nal SUN of twice the amount Of tn IudgmeH. !
and costs, conditioned that the appellant will
personally appear in the appellate court,
and pay the judgment and costs that may be
rendered against him, and abide the order of
the court, and not depart without leave.
SEC. SO. When any appeal is takeE, the
magistrate shall forthwith make out fair
transcript of the proceedings and file it with
all the papers in the case, and the appellate
court shall try the cause with or without a
jury, and render judgment, and enforce it
according to the provisions of this act.
Sec. "a. Whenever any splrtuous or in
toxicating liquor is sezed as a nuisance un-
der any provision of this Act, the officer
Selling it shall keep the same safely in some
secure place until final judgment; and if judg
lHent of forfeiture be given against such IL
quor, or any part of it, he shalt deposit such
liquor with the County Agent, duly appoint
ed to Sc II Intoxicating liquor, for safe keep
ing; and if no appeal is taken within thirty
days, the officer shall return the receipt for
safe keeping, andstake and destroy the liquor
under the order of the Court trying the
cause. But if any appeal is taken, the Of
ficer shall return his order 10 the proper
Court, endorsed that he had delivered the
liquor so seized to the County Agent for safe
keeping, and the County "A gent shall keep
such liquor subject to the order OF the appel
late Court Whenever judgment is given
against the State upon the seizure OF such
liquor as a nuisance, the attorney prosecuting
the action, or ether district attorney, may
cause the action to be taken to the appellate
Court upon appeal, at any time within three
days, without any bond being filed on the
part of the State. And the officer Selling
the liquor shall not return it to the place of
seizure until the expiration OF three days;
and upon an appeal being taken on the part
Of the State, he shall post the liquor seiz-
ed with the County Agent for safe keeping
and make his return accordingly. WheneV-
er final Judgment is given against the State
in such cause, that the liquor so seized is not
nuisance. and not subject to forfeiture, the
county shall pay the costs of the seizure, car
rage, safe keeping, the return OF the liquors,
and the fees of officers, jurors, and Witnesses
in such cause; but the county shall be liable
| for no other costs in any case except the
keeping of persons under arrest and impriS
onment for a violation of this Act, assn other
cas- es.
! SEC 35 No defect in bond, or waiting,
or recognizance, with security required by
this Act, shall, in any manner invaldate the
same, but the person executing it shall be
bound to the full extent of the law requiring
the bond, writing, or recognzance.
SEC. SO. Every person who has been au-
thorised to manufacture spirtuous and intox-
icating liquor, and given bond with suretes
therefor; and every person who has been ap
pointed an Agent to purchase and sell spirtu-
Gus and intoxicating liquor, and given bond
and security therefor, required by law,
may be prosecuted in the circuit court or
court of common pleas with his surety upon
his bond, for a breach of the condition there
Of, and may be prosecuted in criminal pro-
ceeding fer a violation of the law at the
same time; and if he is found guilty and
fined for violation of the law, and the pen
atty of his bond shall be declared forfeited
for the same violation of law, any payment
made upon the fine imposed in the criminal
case shall be credited upon the judgment
rendered upon the bond.
SEC. 81. 1t shall not be necessary in any
complaint, affidavit, or information under the
provisions of this Act, to allege that the of
fence charged was a second, third orany SUBJ
sequent offence by the accused person against
the same provision of this Act, but if shall
appear in evidence upon the trial that the
person accused has been before convicted of
the same offence with which he stands charg-
ed, the Mayor, Justice, or Court shall render
Judgment accordingly.
Sec. 49, In the construction of this A CT
words importing the singular number only
may also be applied to the plural of persons
and things; and words importing the mascu-
line gender only may be extended to females
also.
: Sec. SO, All acts and part of acts incon-
; sistent with the provisions of this act, are
hereby repeaIed; but such repeal of any
/, former act shall not effect any suit, proceed
ing or prosecution commenced or prosecuted
under the same; and all such suits, proceed
= ngs and prosecutions now pending shall be
prosecuted to final judgment and execution
in tine same manner as if such laws were not
; repealed.
SEC. 40 The term magistrate as used in
? this act includes Justices of the Peace,
Mayors of cities, and Judges of the Courts
of Common Pleas during the sitting of said
Courts.
Sec. Al. No spirituous or Intoxicating
5 liquors shall be given away, or be kept with
: intent to be given away, in any tavern, board
Q ing house, public eating house, grocery,
oyster shop, store, bar room, confectionery,
or other place of pulic entertainment; or in
any theatre, museum, or other place of
/, public resort; or on any steamboat, or other
S craft, carrying passengers; and for any viola
7 ton of this section, the person so offending
shall be fined (to) the same extent as for
Il selling such liquor contrary to this Act.
2 SEC 40 This Act shall take effect and