The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1862-08-14

50. When any intoxicating liquor
shall be seized under search warrant by
virtue Of the laws now in force, it shall
be no bar to the con6scation and destruc.
tion of the same, that the party claiming
the same, has permit under this or any
former act, IT the court or jury trying
the facts shall be satisfied, from the proof
that the defendant has sold such liquors
10 violation or evasion Of law, aud at the
time Of the seizure had the liquors in
question, with the intention OF selling
the same contrary to law, aud any judg-
ment Of competent tribunal condemn
ing liquors seized under such warrant,
from any person holding such permit, or
convictiug him Of selling contrary to law
shall work the forfeiture Of his privilege.
5 =. That the county courts Of this
State, shall have and exercise the same
jurisdiction in all cases under this act,
and the several acts now in force, in ref.
erence to the keeping and sale OF intoxi-
eating liquors, as the justices of the
peace now have; and the county Judge
shall be entitled to the same fees which
justices OF the peace are allowed for like
services. Either party may demand
jury before the county court, of the same
number, aud in the same manner as de-
tendant now may before the justice of
the peace, except in cases relating exclu.
sively to the vacation of permits to sell
liquor. and except judgments vacating
such permits, appeals may be taken to the
District Courts, from the judgments o.
the county courts, in the same manner as
from the judgments of justices.
81. The sureties of every person OBJ
tanning such permit from any county
judge, under the provisions Of the act
herein first rccitcd, shall enter into re.
cognlzaucc in the presence of the county
court, continuing the same stipulations as
the bond required in the third section of
said act, which fact together with the
names of the sureties, shall be entered
upon the record, and so cited in permit
to be issued by the court and any judg.
ulent which shall thereafter bc rendered
against the principal for any fine or cost,
or vacating any permit in consequence OF
any act committed during its continuance
and violation or evasion Of law, shall be
con- elusive on such sureties, in any suit or
proceedings against them on said recog-
nizance.
5 S. Any permit procured or obtained
under this act, or the act last recited, by
any person not entitled to the same, by
the provisions Of said act, shall be deem.
cd fraudulent aud void; aud any one who
after obtaining such permit shall enter
upon or be engaged in any pursuit, in
consequence of which he would not be clg.
ible to obtain such permit, shall be deem
ed to have abandoned the same, and shall
thereafter claim no protection thereby.
50. The act approved 22d January,
1865. for suppression os intemperance, is
hereby 90 uMeu1eu as 10 affow search I
warrants provided for by said act, to be
issued on the written information on oath |
of one creditable person, q resident OF
the county, instead Of three, as now pro-
vided; said Information and search war.
rant to describe the place to be searched
as we'll as the liquors to be seized, with
reasonable particularly. When any liq-
uors shall have been seized by virtue of
any such warrant, the same shall not be
discharged or returned to any person
claiming the same. by reason Of any al
legged INSULT cheney Of description in the
warrant Of the liquor CT place, but the
claimant shall only have a right to be
heard on the merits Of the case.
Approved April 2, 1862.