The Richmond Indiana palladium. [volume] (Richmond, Ind.) 1854-1855, 1855-12-13

In gaming contracts, and generally in all
illegal contracts, the adventurer loses the
amount involved. Until very recently, taking
usury. and even the contract to take usury,
subjected the offender 10 the entire loss of
principal and interest We might, also, add
numerous other instances Of forfeiture IN CIV
il cases, but We will simply specify the case of
q tenant for live who forfeitS his estate BY COM
mitting waste The instance of search srar-
rant for stolen goods is too common and well
understood 10 require further reference.
1 The right of seizure and forfeiture for vio-
lations of municipal regulations under town
and cItv charters, is familiar 10 every one
TINS power has been freely exercised in ref
ercnce to market regulations. III which the use
OF false weights aud measures. and the sale of
wholesome provisions, have constantly work
ed forfeitures. Kinds of food USUALLY sold
without restriction, have IN times of centagion
been prohibited; and on n violation Of sueh
prohibit on they have been for cited and des-
ftroyed as nuiSauees The same rules are ev-
elywhere sp Piled to hogs, dogs. and kline
ming at large in streets contrary 10 city ordi-
nauccs. Storing gunpo.der IN populous
places has also often worked a forfeiture of it,
as We have already IN the License
Cases
A reasonable search and seizure, in all cases
where the seizure IS not ION view of some
peac4 officer, is, BY implication, defined to be
one made by warrant upon the probable cause,
supported BY oath or affirmation, and particu-
larly describing he place TO be searched, and
the person or thing TO be seized. This see
ton OF the constitution applies to the search
for, ard seizure OF persons. and Mings. and
contemplates that the exercise of the power
as 10 the one, may be as frequent and neeessa
~ as the other. The duty of the Stale to ar
rest offenders promptly, in all places. still re-
mains the same The additional duty and
safeguard imposed by this section, commence
and terminate with the affidavit and warrant.
and the orms and allegations of each. The
search for liquor kept for sale in violation of
law IS search for the instrument of crime.
Strictly speaking, the instruments of crime
are not property; they are nuisances. and not
under the protection OF the law. Their des-
truction is an essential 10 the existence of the
government as the power 10 arrest and pun
ish offenders. With what plausability, them
clu the counsel for the petitioner insist that
tie search for the Instruments of crime, en-
dangers the peace of community, or violates
the rights of individuals, more than the
search for and seizure OF the criminal? We
have the following provision in our statute
authorizing the arrest OF persons upon a Grim
inal charge. OF course it contemplates that
/ the officer should 10 armed with the proper
warrant ITO ma ke arrest in criminal ac
lions the officer may break open any outer or
inner door, or window OF dwelling house.
or other building, or any other enclosure, If.
after notice Of his Office and purpose, he be
refused adnnCIlDce. TX. >. iG52, p. 333.
We submit that II IS competent for the Leris Ia
!lsre to confer tie Ike authority upon officers
when armed wish the proper warrant, TO seize
the instruments of crime.
/ But il is said by the adverse counsel that
the search and seiz are provision IN tais statute
is void, because il does not provide that the
thing to be searched for and seized, shall be
par iculariy described in the affidavit and war
rant, and that this part Of the statute violates
the section OF the constitution in question.
We answer that The statute does not violate
tie constitution unless it requires something
inconsistent with the constitution, and the
adverse party does nat insist that any such
thing Is required by tie law, but only that it
fails 10 re enact this nros ision of tie constitu
t.3n The statute provides for the affidavit.
aud warrant. and the constitution provides how
The a udavit shall describe the thing TO be
seized. Both together make the law complete
The question 10 the sufficienev Of the affi-
DANE can only arise upon motion to quash;
and upon such motion the Court viii examine
. the afiiGs.git to see If 1t complies with this
provision of the constitution. But we insist
jhat the law requires sufficient description
Of the thing to be seized, in the use Of the
term "Spirjtuous or intoricoting liqaor'' This
/ very point has been adudicated in the Supreme
Court Of the Safe oil Maine; and there it was
decided to be a sufficient description to des-
all Il. I.
q the statute, apiyituous liquor or an
t.ricating liquor The State V. Robinson, 3
! Me. Il 564. The entire opinion is found in
LiFingston's Monthly Law Magazine, Feb.
No, 1855, ?. 1873.
We may add in this connection that the
riyht Of the State is not affected by any irregu-
lasi,y Of the officers in making the seizare,
il the property was In fact liable to forfeiture.
The Government Is not bound down by the
acts Of seizors, if the seizure can be maintained
as founded on an actual forfeiture at the time
of the seizure. Wood, Claimant, v The
United States, Is Peters 3f2. Ii the Gov
ernment adopts the seizure, and the property
Is condemned, the officer is justified. Gelston
e. al. v. Hoyt. 8 Wheat, ea6, a Cond r.
344.1 When seizure is made upon an in
sufficient. complaint it may be amended after
the return of the seizure. TIE Harmony,
GalIis- lz5; 2 Il. s. 1862, p 10, secs. 81, 90;
The Mary Ann, Wheat. $50: Tire Divina
pastora. ID. 81; The Edwar il, e6l; The
define. 8 Cranch. 244. See, also, V. The
William Penn, 5 Wash. c. c. 49,
Section % of the statute authorizes officers
TO arrest persons whom they see engaged in
any violation of the provisions Of the act. and
10 seize all liquor kept IN violation thereof,
al tie time and elaee Of tie commission of such
efe'sce, and 10 store such liquor end vessel.
containing the same, in some convenient place.
% De disposed Of as other liquor seized BY