The new Northwest. [volume] (Portland, Or.) 1871-1887, 1872-03-15

courts of this state having competent
jurisdiction.
SEC. 6. For every violation of the pro-
visions of the first and second sections of
this act, every person so offending shall
forfeit and pay fine of not less than
twenty nor more than one hundred dol
lars, and be imprisoned in the Jail of the
county not less than ten nor more than
thirty days, and pay costs of proseeu-
ton; and for every violation of the pro-
visions of the third section of the act,
every person convicted as the keeper of
any of the places therein declared to be
nuisances, shall forfeit and pay fine of
not less than fifty nor more than one
hundred dollars, and be imprisoned in
the Jail of the county for not less than
twenty nor more than fifty days, and
pay the cost of prosecutions and such
place or places so kept by such person or
persons so convicted, shall be shut up
and abated upon the order of the court
before whom such conviction may be
had, until such time as such person or
persons keeping such places shall give
bond and security, to be approved by
said court, in the penal sum of one
thousand dollars, payable to State of IL
linois, conditioned that he, she or they
will not sell intoxicating liquors con-
trary to the laws of this State, and will
pay all fines, costs and damages assessed
against such keeper or keepers, for any
violation thereof; and in case of a for
feiture of such bond, suit may be brought
thereon, for the use of any person inter
ested, or for the use of the county, in
case of fine or costs due such county:
Provided, That the penalties in the ma
ture of fines, mentioned in this section,
may be enforced separately from the
! imprisonment, before justices of the
peace or police magistrates.
SEC. Z. The giving away of intOxicat-
/ ing liquors, or other shift or device to
evade the provisions of this act, shall be
held and deemed to be an unlawful SELL
ing, within the provisions of this act.
SEC. s. For the payment of all fines,
costs and damages assessed against any
person or persons, in consequence of the
sale of intoxicating liquors, as provided
in section five of this act, the real estate
and personal property of such person or
persons of every kind, except such as
may be exempt under the homestead laws
of this State or such as may be exempt
| from levy and sale upon judgment and
execution, shall be liable; and such fines,
costs and damages shall be lieu upon
such real estate until paid; and in case
any person or persons shall rent or lease
to another or Others, any building or
premises to be used or occupied, in whole
or in part, for the sale of intoxicating
liquors, or shall permit the same to be
used or occupied, such building or prem
ises so used or occupied, shall be held
liable for and may be sold to pay all
fines, costs and damages assessed against
any person or persons occupying such
building or premises; proceedings may
be had to subject the same to the pay
ment of any such fine and costs assessed
or judgment recovered, which remain
unpaid, or any part thereof, either be-
fore or after ereXecutiOn shall issue against
the property of the person or persons
against whom such fine and costs
of judgment shall have been ad-
judged or assessed; and when execution
shall issue against the property so leased
or rented, the officer shall proceed Ia
satisfy said execution out of the build
ing or premises so leased or occupied as
aforesaid; and in case such building OF
I premises belong to n minor, insane per-
son or idiot, the guardian of such minor,
insane person or idiot, and his or her real
and personal property, shall be held IL
able instead of such minor, insane per-
son or idiot, and his or her personal
/ property shall be subject to all the
! provisions of this section relating to
/ the collection of fines, costs and dam
ages.
! SEC. 9. The penalty and imprison-
ment mentioned in the sixth section OF
| this act may be enforced by Indictment
in any court of record having criminal
jurisdiction; and all pecuniary fines and
penalties provided for i'm any of the Sec
tions of this act Except the fourth and
fifth may be enforced and prosecuted
for, before any justice of the peace of the
proper county, in any action of debt, in
the name of the people of the State OF
Illinois, as plaintiff; and i'm case Of con-
viction Of the offender shall stand COM
mitted to the common Jail until the
judgment and costs are fully paid, and
the magistrate or court in which the
conviction is had shall issue writ OF
1 cdDids dd sdtitdcieRdlfnl therefor; and
/ justices of the peace shall also have iu-
risdiction of all actions arising under
| the fourth and fifth sections of this act,
when the amount in controversy does
not exceed two hundred dollars, such
actions to be prosecuted in the name OF
the party Injured or entitled to the debt
of damages provided for in said fourth
and fifth sections.
SEC. 10. In all other prosecutions un-
der this act, by indictment or otherwise,
it shall not be necessary to state the
kind of liquor sold, or to describe the
place where sold; and for any violation
of the third section of this act it shall
not be necessary to state the name of the
person to whom sold; and in all cases
the persons to whom intoxicating liq-
uors shall be sold in violation of this act
shall be competent witnesses TO prove
such fact, or any other tending thereto