The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1907-02-21
THE BLIND TIGER BILL.
Repeats ALI Former Laws Regulating
Sale of Intoxicating Liquors.

Sale of Intoxicating Liquors.
Section 1. Any person not being Ii
censed under the laws OF the State Of
Indiana who shall sell or barter, di-
rectly or indirectly, any spirituous
vinous or malt liquors in less guam
tity than five gallons at a time, on
who shall sell or barter, directly OF
indirectly, any spirituous, vinous OF
| malt liquors to be drunk, or suffered
to be drunk in his house, clubhouse
yard, garden, or appurtenances there
to belonging, shall be deemed guilty
OF misdemeanor, and upon convic-
ton thereof shall be fined in any sum
not less than fifty ($5O) dollars nor
more than one hundred $1,000 dollars
for the first offense, and not less
than one hundred dollars nor more
than five hundred ($500) dollars, to
which the court or jury trying the
case shall add imprisonment in the
county Jail of not less than thirty
days nor more than six months for
the second or any subsequent offense.
And any person who shall keep, run
or operate place where intoxicating
liquors are sold, bartered or given
away in violation of the laws of the
state, or any person who shall be
found in possession of such liquors
for such purpose shall be deemed
guilty of misdemeanor and upon
conviction shall be fined in any sum
not less than fifty ($5Ol dollars nor
more than five hundred ($50O) dol
lars, 10 which the court or jury trying
the case shall add Imprisonment in
the county Jail of not less than thirty
days nor more than six months: Pro-
vided, That none of the provisions OF
this act shall apply to any person,
hrm or corporation engaged as a
wholesale dealer who does not sell in
less quantities than FIVE gallons at a
time: Provided further, That whole
sale dealer as used in this act, shall
be construed to mean a. person, firm
or corporation whose sole business in
connection with the liquor traffic is
to sell at wholesale to retail dealers
licensed by the laws of the state, or
to wholesale liquor dealers or to
druggists or pharmacists who are Ii
censed as such by the state board of
pharmacy
Sec. 2. If any person shall make an
affidavit before any mayor. justice of
the peace, judge of the circuit court
or any other court. that such affsnt
has reason to believe and does believe
that any person, firm o. corporation
has in his, its or their posse ssion any
intoxicating liquors which are being
sold, bartered or given away rs 4 Dev-
erage or kept for tie purpose of be-
ing sold, bartered or given away in
violation of any of the laws of this
state, such Justice or judge Or mayor
shall issue his warrant directed to
any officer having power to serve
criminal process, and cause the prem
Uses designated in such affidavit to be
searched as in other cases where
search warrants are issued as now
provided by law, and in case airy such
liquors shall be found in or about or
upon such premises, the officers exc
cutting search warrant shall thereupon
seize such liquors and the vessels in
which they are contained md all the
implements used or kept for sr.h H.
legal selling, bartering or giving away,
of such intoxicating liquors. Such l.:
quors, vessels and implements used
for such sale shall be securely kept
by the officer making said seizure
subject to the final order of the court
trying and determining said cause.
Sec. 3. When such Intoxicating
liquors, implements or vessels are
seized as hereinbefore provided, the
officer serving the warrant shall, or
any other person may, forthwith file
an affidavit charging the violation OF
such law which the evidence in the
case justi6es, but nothing herein con
officer from filing such affidavit be-
fore the search warrant is issued or
served
Sec. 4. No warrant for search shall
be issued until there has been filed
with the justice, judge or mayor
affidavit describing the house or place
to be searched, the things to be
searched for and alleging substantial
ly the offense in relation thereto. and
that af6an believes and has good
cause to believe that such liquors are
there kept for unlawful purposes.
Sec. 5. If fluids be poured out or
otherwise destroyed by tenant or as
sistants or other persons when the
searched, said fluids shall be held to
be prima facie intoxicating liquors
and intended for unlawful sale.
Sec. 6. If no one is found in pos
session of the premises where such
liquors are found claiming ownership
of said liquors and vessels, and if no
one asserts or claims title to the
same, the officer taking the same shall
post in a conspicuous place on said
building or premises a copy of his
warrant and take possession of such
liquors and vessels and hold them
subject to the ordei of the court hav-
ing jurisdiction of said matters and
make return of his doing thereon.
Whereupon it shall be the duty Of
the court to fix the time for hearing
and determining the purpose for
which such liquors are kept and issue
notice thereof to the officer, who shall
post a copy thereof on the building
or premises where the liquors were
found. If at the time fixed for said
hearing, no person or persons appear
or within thirty days thereafter, to
claim such liquors and vessels for
their sale or distribution, the court
shall order the same destroyed.
Sec. 7. The person making affidavi
for the warrant to search any place
where Intoxicating liquor is disposed
of contrary to law, may personally or
by his agent, accompany the officer
who serves the warrant and enter the
place with said officer and give in
formation to such officer in searching
such place for such Intoxicating
liquors as hereinbefore described
Sec. g. Liquors seized or hereinbe-
fore provided, and the vessels con-
tanning them, shall not be taken from
the custody of the officer by writ of
replevin or other process while the
proceedings herein provided are pend
ing; and final judgment of conviction
in such proceedings shall be bar in
all cases to all suits for recovery
of any liquors seized or the value of
the same, or for damages alleged to
arise by reason of the Selling and
Iafanf,ns, fberenf