Crawfordsville Weekly Journal, Crawfordsville, Montgomery County, 21 June 1855 — Page 1

J, KBENEY,]

The Prohibitory Liquor law.

AN ACT ...

To Prohibit the manufacture and sale of Spirituous and intoxicating Liquors, except in the cases therein named, and to repeal all former Acts inconsistent therewith, and for the suppression of

Intemperance. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That ho person shall manufacture, keep for sale, or sell, by himself or agent, directly or indirectly, any spirituous or intoxicating liquor, except as hereinafter provided.— Ale. Porter, Malt Beer, Lager Beer, Cider, all Wines, and Fermented Liquor which will produce intoxication, and all Mixed Liquor, of which part is spirituous or intoxicating liqilor, are included in the term intoxicating liquor, and arc within the meaning of this Act.

SEC. 2. No provision of this Act shall be construed to forbid the making of cider from apples, or wine from grapes, currants, jor other fruit, grown and gathered in this Slate by the manufacturer, or the sale thereof by him but such manufacturer, or other person on his behalf, shall not sell less than three gallons "at any one sale, or to any one person and all sold at any one sale shall be taken away at the same time. Any other manufacture or sale of cider or wine shall be deemed to be unlawful, except as herein provided.

SEC. 8. No provision of this Act shall be construed to forbib the sale, by any importer thereof, of any foreign spirituous or intoxicating liquor imported under the

laws

of the United States, and in accordance therewith: Provided, that such liquor, at the time of the sale, remains in, and is sold in the original casks or packages in which it was imported, and in the same quantities but the custom house certificates of importation, and proofs of marks on Hhe casks or package corresponding thereto, shall not be received as sufficient evidence that the liquors contained in said casks or packages are those actually imported therein. All other sales of spirituous or intoxicating liquor made by any importer as puch, shall be deemed to be unlawful.

SEC. 4. The County Commissioners of each county may give to any person, who shall apply in writing therefor, authority to manufacture spirituous and intoxicating liquor at such places, within the county, as the commissioners may designate, and to sell the same at such places only, in any quantity, to the duly authorized agents of the several counties of this State. Such authority shall not continue more than one year from the date thereof, and may at any time be revoked by the Commsssioners. But all persons engaged in the manufacture of such liquors at the time of the passage of this Act, shall be entitled, as a matter of right, to such authority, from the County Commissioners, to manufacture upon the terms in this section provided, which shall be renewed from year to year, so long as such manufacturer shall not violate any provision of this Act but, in case such manufacturer shall be convicted of any such violation, his authority shall cease, and shall not be renewed. Before the

render

Commissioners

grant such authority, the applicant shall file his bond with the Auditor of the county, with two good and sufficient sureties, to be approved by the Commissioners, in a pen altv of not less than One thousand dollars, zior more than six thousand dollars, payable to the State of Indiana, conditioned that the applicant will not, at any time during the year next following, in any manner or degree, violate the provisions of any law of this State touching the manufacture or sale of spirituous or intoxicating liquor. The auditor of the county shall cause such bond to be put in suit, upon a breach of the condition thereof, in the Circuit Court, or Court of Common Pleas of the county and if, upon the trial the finding of the Court, or verdict of the jury, shall be that tho condition of the bond has been broken as charged, the Court shall

judgment for the penalty of the bond, and declare the authority of the applicant, to manufacture and sell spirituous and intoxicating liquor, to be void from and after the first violation of said condition. And every act of the applicant, in selling any spirituous or intoxicating liqilor to any person other than a dnly authorized county agent, shall subject the applicant to prosscution in the same manner as if he had no authority from the Commissioners to manufacture or sell. The County Commission^ ers shall not grant to any person authority to manufacture or sell any spirituous or intoxicating liquor who has been found guilty of violating any provision of this Act, or or any other Act touching the sale or manufacture of spirituous or intoxicating liquors.

BOND OF MANUFACTURER. Know all men, that we -—/principal, ftnd we, sureties, are held and firmly bound unto the State of Indiana, in the penal sum of dollars for the payment whereof, well and truly to be made and done, we bind ourselves, jointly and severally, firmly by these presents: dated this day of A. D.

Whereas The above bond —principal, has been authorized, by the County Commissioners of the county of to manufacture spirituous and intoxicating liquors,' in— township, in— county, for the period of one year from this date. Now, therefore, the above obligation is conditioned that the said —will not, at any time during the year next following, in any man- .. ner or degree, violate the provisioif of any law of this State, touching the manufacture or sale of spirituous or intoxicating liquor.

Upon the observance of the foregoing conditions, this obligation shall be void^else to remain in full force.

Approved, fcc. SFIB. 5. The County Commissioners, at any "meeting ,of their Board, may appoint some suitable person, or persons as agents •jof the county for tl^urChase of pure and unadulterated spirifo'ouij. ard intoxicating iqiior, 'and for the aale thereof, within snch

county, for. medicinal, chemical, and mechanical uses only, and pure wine for sacramental nsej and the Commissioner may remove any, such agent at pleasure, and, if neccssary, appoint another in his stead. Not more than two such agents shall be appointed in any

to"ne

township, unless the

township contain over ten thousand inhabitants in which case the Commissioners may appoint two agents for each ten thousand inhabitants, and one for each five tlious*and over such ten thousand inhabitants.— No inn-keeper, or keeper of a'public eating house, boarding house, grocery, oyster shop, fruit store, bar room, confectionery, or other place of public entertainment, or keeper of, interested in, any theatre, museum, or other place of public resort, or the captain, commander, agent, clerk or servant of, or on any vessel, boat or water craft of any kind, shall be appointed such agent. Every agent shall hold his office one year, unless sooner removed he shall sell such liquor only in one place, to be designated by the Commissioners and, on the purchase and sale of such liquor* he shall conform to the rules prescribed by the Commissioners, not inconsistent with the provisions of this Act. He shall keep an account of all his purchases and sales the date, quantity, kind, and price of the liquor, and the name of the purchaser, and the use intended, as stated by the purchaser. Such account shall be kept in fair legible writing in a book purchased for the purpose and shall at all times, be open to public inspection. He shall exhibit his book of entries to the County Commissioners, whenever required by them, at any of their meetings and he shall report to them under oath, every three months, the price, quantity, and kinds of liquor of his purchases and sales and in his report ho shall specify the number of sales, and the intended use of each sale, a3 stated by the purchaser, and the amount he has remaining on hand at the end of each three months. Each agent shall receive such compensation as the Commissioners shall prescribe. Ee shall not be interested, except as an inhabitant of the county, in any such purchase or sale made by him, or in any profit thereof. Such agent shall sell liquor at twenty-five per cent, over its cost price, and no more. The county shall not be liable for any debt contracted by such agent, except as herein provided.

SEC. 6. Any person, authorized as in the last section provided, shall not sell any liquor to be used upon the premises where the same is sold but he may sell in the following cases, and no other: 1. To any person of the age of twentyone years, being of good character for sobriety, and an inhabitant of the connty in which such liquor is sold, or of a township or city adjoining said county provided the person selling the same shall have good reason to believe that the same is intended by the purchaser to be used for some one of the purposes in the preceding section named, and not to be sold, disposed of, or given away, or to be.used on the premises or,, 2. To any person authorized to sell such liquor, as in the last section provided, a

SEC. 7. The County Commissioners of each county shall direct the county Treasurer to pay over to each or any of the agents so appointed by them, such sums of money, ou of the treasury, as they shall deem proper for the purchase [ofj liquor or, the Commissioners may agree with the agent to furnish the liquor necessary for the business of his agency at his own expense the Commissioners paying such agent legal interest upon the money invested, in addition to his compensation. No agent shall be reappointed until he has made full settle ment with the County Commissioners, at the close of his agency, and accounted for all money and profits, in his hands, belonging to the county, nor until he has paid over all such sums of money, if required by the Commmissioners, as they shall direct, after deducting the interest due him, and the compensation allowed by the Com missioners. Each agent, at the close of his agency, shall deliver over all liquor which he may have on hand, connected with his agency, to such othsr county agent as the Commissioners, at any session, or the Auditor, in vacation, may direct he shall also pay over to the Treasurer of the county all moneys in his hands belonging to the county, retaining only sufficient to pay his compensation, and the interest on the money that may have been invested by him. When the agent whose agency has closed, by any means whatever, lias invested his own 'money in the purchase of any liquor which he has on hand, he shall be entitled to receive from the agent, to whom he delivers such liquor, the cost price thereof, as soon as he shall account fairly for all money that may have come into his hands in the course of his agency. The County Commissioners shall make provision for the payment of all such sums out of the County Treasury, or otherwise. If such agent shall fail or refuse to perform any. duty required of him in this section, he and his sureties shall be liable, on the bond of such agent, for all damages sustained by the county in consequence thereof and such damages, when collected, shall be paid into the County Treasury.

SEC. 8. Before any such agent shall be authorized to sell spirituous or intoxicating liquor, as aforesaid, he shall file his bond with the Auditor of the county, with two good and sufficient sureties, payable to the State of Indiana, in a penalty of not less than one thousand dollars, nor more than five thousand dollars, to be approved by the Commissioners, and conditioned that he will in all respects conform to the provisions of the law in relation to his agency, and the laws of the State of Indiana touching the sale of spirituous and intoxicating liquor.: Upon the breach of the condition of such bond, the Auditor shall cause the same to be put in suit in the Circuit Court, or Court of Common Pleas, of the county and if (he Court, or jury, shall .find, upoii th&triaL that the condition of the bond has

VOLUME VII. CRAWFOHDSVILLE, INDIANA, JUNE 21, 1855.

been broken the Court shall render'judgtnent against the defendants for the penalty of the bond, and costs.

BOND OF AGENT TO SELL. Know all men, that we- —, as principal', and we— as sureties, are held ana, firmly bound unto the State of Indiana, in the penal sum of———dollars, to the payment of which we bind ourselves, jointly and severally, firmly by these presents.— Dated this day of-—•—, A. D.

Whereas, the County Commissioners in the county of have appointed the above named agent, (or agents,) to purchase and sell spirituous and intoxicating liquor, in—-——township, in— county. Now, the above obligation is conditioned that the said agent, (or agents,) shall, in all respects, conform to the provisions of the law in relation to his, (or their,) agency, and the law of the State of Indiana touching the sale of spirituous and intoxicating liquor. Upon the observance of this condition, this obligation shall be void, else to remain in full force.

Approved, &c. SEC. 9. Every person who shall manufacture any spirituous or intoxicating liquor in this State, in violation of law, or without authority of law, shall be deemed to be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than twenty dollars, nor more than fifty dollars, for the first offence nor less than fifty dollars, nor more than one hundred dollars, for the second offence, and one hundred dollars for any subsequent offence, and to be imprisoned in the county jail thirty days for each offence after the first conviction, and, in all cases, until the fine and costs are paid or replevied.

SEC. 10. Every person who shall, in violation of law, or without authority of law, by himself or agent, directly or indirectly, under any pretence whatever, sell or give to any person, for any valuable consideration whatever, or as an iriducement-to purchase any article of value, any spirituous or intoxicating liquor, shall be deemed to be guilty of a misdemeanor, and, upon conviction thereof for the first offence, shall be fined in any sum not less than twenty dollars, nor more than fifty dollars and for the second offence, not less than fifty dollars nor more than one hundred dollars, and for each subsequent offence after the first conviction, shall be imprisoned in the county jail thirty days, and, in all cases, until fine and costs are paid or replevied but if such be made to a minor, the fine shall not be less than fifty dollars in any case. •SEC. 11. All clerks, agents, and servants of every kind, employed in selling, or keeping for sale, any spirituous of intoxicating liquor, in violation of law, or without authority of law, shall incur the same penalties, and be proceeded against and charged in the same manner as principals, and may be convicted whether the principal be convicted or not.

SEC. 12. Any person who shall purcha.se any spirituous or intoxicating liquor of any person authorized by the Commissioners to sell the same, under a false pretence that the purchase is for a lawful use, with intent to apply the same to an illegal use, or if any peison shall apply any such liquor to an illegal use, such person shall be deemed to be guilty of a misdemeanor, and upon conviction thereof, shall be fined in the sum of ten dollars, and imprisoned until the fine and costs are paid or replevied.

SEC. 13. No person shall own or keep any spirituous or intoxicating liquor, with intent to sell the same in violation of law, or permit the same to be sold iuviolation of law and every person who shall own or keep such liquor, with any such intent, shall be deemed to be guilty of a misdemeanor, and, upon conviction thereof, for the first offence, shall be .fined in any sum not less than twenty dollars, nor more than fifty dollars and for the second offence, shall be fined in any sum not less than fifty dollars, nor more than one hundred dollars and for each subsequent offence one hundred dollars and for each offence after the first conviction, he shall be imprisoned thirty days, and, in all cases, until the fine and costs are paid or replevied* Upon the trial of every complaint charging the dependent with owning, selling or. keeping for sale spirituous or intoxicating liquor, in violation of law, proof of the finding of the liquor, specified in the complaint, in possession of the accused, in any place, except his private dwelling house or its dependencies, (or in snch dwelling house or its dependencies, if the same be a tavern, public eating house, grocery, or other place of public resort,) shall be received acted on by the Court, as presumptive evidence that sucK liquor was kept for sale contrary to tho provisions of law.

SEC.14. All spirituous and intoxicating liquor, intended by the owner or keeper thereof, to be sold in violation of law, and the vessels. containing the same, shall be deemed to be a nuisance, and shall be forfeited and be disposed of as hereinafter provided.

SEO. 15. If any three person, of good moral character/ residents of the county, shall file their verified complaint or affidavit with any mayor Or jttstice of the peace of the connty, that any spirituous or intoxicating lipuo'r is Owned or kept, in said county^ in any place, therein particularly describing the premises, by any person, whose name shall be stated,- if knOwn to the deponents, and if the name is unknown it shall so be stated in the complaint, and is intended to be sold in violation Of law, as^the deponents have reason to believe, and verily do believe, the justice of the peace, Or mayor, shall issue his warrant directed to the sheriff of the county, or to any constable of the county,Jor marshal of the city, reciting the material part of 6aid complaint, and directing the officer to search thoroughly theSaid place, to seize the liquor, with the Vessels containing it, and to keen the same seenrely nhtil final action is'httd thereon whereupon the officer to whont tjie

"THE UNION, THE UNION IN ANY IVENT."

warrant may be delivered, shall execute the command of the warrant- forthwith, as far as he can, and make return of his doings to the officer issuing s^ch writ, and shall securely keep all liquors «o seized by him, if any, andthe vessels containing it, until final action is had thereon. But no warrant shall be issued under 'this Act to search any dwelling house in which, or a part of which, no tavern, store, grocery, business office, shop,-boarding or vitnaling house, or public room of any kind, is kept, unless the occupant thereof, shall have been convicted, as herein provided, of having sold liquor in his dwelling house, or suffered it to.be done, within six months next preceding the issue thereof,

SEC. 16, Whenever it shall appear" to such justice or mayor, by 'the return of the officer serving the warrant, that auy spirituous of intoxicating lienor has been' seized by the officer, the justice or mayor shall forthwith, after the return, issue a. notice to all persons so keeping or owning the liquors so seized, aR aforesaid, to appear before him, at his office, at a time to be specified, not less than three nor more, than twenty days from the service thereof, to show cause, if any he has, why such liquor, so seized, as aforesaid, with the vessels containing it, shall not be forfeited, and the liquor destroyed and the officer to whom the sum mons shall be directed shall serve the same forthwith, by. reading to the person named therein, or by leaving a copy of the notice in some conspioious place oh the' premises where said liquor was seized. If the name of the person owning or keeping said liquor shall be unknown to the justice* he shall issue a notice only of the seizure of such liquor to all persons concerned, a copy of which shall be posted up, by the officer serving the same, in some conspicious place on the premises where the liquor was seized not less than three, nor more than twenty days before the tlay set for trial.

SEC. 17. At the time and. placo set for trial, the person accused, an.d any other person claiming an interest in the liquor seiz ed, may appear as defendant, and show causa if any he has, why the'liqilor seized should not be forfeited. No pleading shall be required by the defendant but a denial of the charges in the complfint, and under such plea the defendant #iay give in evidence all matters of defence. Either party may demand a jury of any number not exceeding twelve men, or the case may be tried by the justicc%r mayljr where no jury is demanded. If the jury, or the justice or mayor trying the case, find that the liquor, or any part of it, was kept jfor the purpose of sale, in violation of .few, the justice or mayor shall enter judgment tliat the liquor was so seized**afort8ai&, cfl!%0 muchthereof as was kept for such purpose, and the vessels containing it, area nuisancc, and that the same be forfeited, and that such liquor be destroyed. If no person appear at the trial, after the notice lias been posted up, and the summons, if one has been issued, has been eeryt(i /is above provided, the cause shall, in like manner, be tried by a jury, or the justice or mayor, and if it is found that the liquor seized, or any part thereof, was kept for sale, in violation of law, alike judgment shall be rendered as above provided.

SEC. 18. Whenever judgment is rendered that the liquor so seized, as aforesaid, is forfeited, the justice, or mayor, or court rendering final judgment of forfeiture, shall issue an order to the proper officer, directing him to destroy said liquor, and to sell the vessels containing it as other property is sold on execution, \Vithout appraisement, and the proceeds of such sale shall be applied to the payment of the costs of the proceedings in the case. The officer shall execute such order, and return it, as requir ed by this Act, with his doings indorsed thereon.

SEC. 19. Whenever it is decided that liquor so seized is not liable to forfeiture, the justice, mayor or court trying the case shall issue an order to the proper officer to restore the said liquor, with the vessels con taining it, to the place where it was seized. The proper officer shall, at the expiration of three days, execute the order, and make return thereof with his proceedings endorsed thereon, if no .appeal is taken by the State.

SEC. 20. Every device or contrivance made use of to deal out or sell intoxicating liquor to customers, and at the same time to conceal or disguise the person selling or dealing out such .liquor, with intent to prevent the purchaser from identifying the per son selling or dealing out such lipuor, is hereby declared to be a nuisance, and every mayor of a city, justice of the peace, or court of common please, may, upon complaint made under oath, cause notice to be given to the owner or tenant of the .place where such device or contrivance is used and, after three days notice, try the cause, and if the mayor, justice or court shall order the proper officer to abate the nuisance by the destruction or removal of such device or contrivance resorted to. The proper officer shall execute such order forthwith, and return it with his doings endorsed thereon.

SEO. 21. Every person who shall resort to any such device or contrivance specified in the next preceding section, for the pur* poses therein specified shall be deemed to be guilty of- a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than fifty dollars, nor more than two hundred dollars, and imprisoned in the county jail hot less than' thirty days, nor more than ninety days, and until the fines and costs are paid or replevied.

SEO. 22. It shall- be the duty of every sheriff, constable, marshal, or policeman, to arrest any person whom he shall see actually engaged in any violation of tlils Act, and to seize all liquors kept in violation thereof, at the time and place of the commission of such offeftce, together with the vessels containing'the 'same and to forthwith take such person before any magistrate of tftd cdutaty/

law, and to store such liquor and vessels, so seized, in some safe and convenient place, to. be disposed of as in this act provided. It shall be the duty of every officer by whom any arrest and seizure shall be made, under this section, to make complaint, on oath, before such magistrate, against the person or persons arrested, and to prosecute such complaint to judgment and execution. It shall be tho duty of every such officer, whenever he shall see any intoxicated person in any public place, or disturbing the public peace and quiet, to apprehend such person and take him before 6ome magistrate and if such magistrate shall deem him too much intoxicated to be examined, or to answer, upon oath correctly, he shaft •direct such officer to keep such intoxicated person in some safe and convenient place, to be designated by such magistrate, until he shall become sober, and thereupon, forthwith to bring him before such magistrate and such magistrate shall then administer, to such person on oath or affirmation, and examine him for the purpose of ascertaining whether any offence has been committed against any provision of this act, by any other person and if such witness refuses to answer any question propounded by such magistrate, touching such offence, he shall be imprisoned in the county jail nntil he consents to answer. If such witness shall disclose any violation of this Act, the magistrate shall reduce such examination to writing, in the form of a complaint against the person so offending, which said witness shall sign, under the penalty aforesaid, and verify the same by his oath or affirmation.

SEC. 23. If any person shall mix drugs with any spiritous or intoxicating liqtor, to sell the same to be used as a beverage, or shall keep for sale, or sell any drugged liquor, to be used as a beverage, he shall be deemed to be guilty of a misdemeanor and, upon conviction thereof, he shall be fined in any sum not less than twenty-five dollars, nor more than two hundred dollars and be imprisoned in the county jail thirty days, und until the fine and costs are paid or replevied. The possession of such drugged liquor, with the usual vessels and furniture for selling liquor, 6hall be presumptive evidence that such drugged liquor was kept for the purpose of illegal sale.

Sue. 24. No person who shall, at the time, be an habitual drinker of intoxicating liquor, or who shall have been engaged in the unlawful manufacture, or sale of intoxicating liquor for unlawful sale, shall, within one year thereafter, be a competent juror in the trial of any prosecution, under .the laws, touching the unlawful manufacture, sale, or keeping for sale, of any spiritous or intoxicating liquors: Any person summoned as a juror may be inquired of,, under oath as to his competency relative to the matters specified in this section and the persons inquired of shall make full and true answers, but his answers shall not be used against him in any prosecution for the same matter or, he may decline to answer, in which case, ho shall be set. aside .as incompetent.

SEC. 25. All contracts, notes, bonds, bills, deeds, and mortgages made in consid eration of the illegal sale of intoxicating liquor, shall be absolutely void and all contracts, notes, bills, bonds, deeds, and mortgages made in part consideration of the illegal sale of intoxicating liquor, shall be void so far as the illegal consideration is concerned. All money and every article of value of every kind, or the value thereof paid or transferred for the illegal sale of intoxicating liquor, may be recovered by the person paying or transferring the same

SEC. 26. Nothing contained in this Act shall be so construed as to prohibit the manufacture or keeping for sale, ortho-Bale of burning fluids of any kind, perfumery, essences, chemicals, dyes, paints, varnishes, cosmetics, solutions of medical drugs, me dicinal compounds, or any other article which may be compounded in part of alcohol or other spirituous liquors, if not adapted to use as a beverage. Provided homever, that if such article is capable of being used, or is intended to be used as a beverage, or in evasion of said Act, the manufacture or keeping for sale, or sale thereof, shall be deemed a violation of this Act.

SEC. 27. It shall be the duty of the city attorney to prosecute all suits under, this Act, which may be brought before the mayor of any city and it shall be thtf duty of the District Attorney, by himself, or by deputy, to prosecute all suits under this Act, which may be brought before a Justice of the Peace, or before the Court of Common Pleas of the county .or district, and to prosecute all appeals of suit under this Act, in the circuit courts and courts of common pleas of his county or district and where there is no city attorney he shall prosecute all suits under this Act, before the mayor of any city.

SEC. 28. Courts of common pleas, justices of the peace, and mayors of cities shall havo original concurrent jurisdiction of all offenses against the provisions of this Act. The jurisdictions of mayors, and of justices of the peace, shall extend throughout the connty.

SEC. 29. Every prosecution tinder this Act before a justice of the peace, or mayor of a city, shall be upon complaint under oath or affirmation and every prosecution under this Act. in the court of common pleas,, shall be upon complaint under oath or affidavit and on information founded thereon.

7

SEC. 30. Costs shall be assessed in proceedings under this Act as in Other critninal cases, except when otherwise provided but in all cases of conviction a docket fee of five dollars shall be taxed in favor of the attorney who prosecutes such case arid, in the absence Of the prosecuting attorney, the court trying such cdse is authorised to appoint an attorney to prosecute such complaint. In case of final conviction in any appellate court, the accused party shall pay all costs, ifleludW docket fees, tfhibh may

have beeft assessed against him in the inferior court or courts^ v]: SEC. 81. If any person claming any interest in any spirituous or intoxicating liquor seized as a. nuisance, and having knowledge or notice, aS required by this Act, of the seizure, shall not assert his claim upon the trial, he shall be deemed to have waived his claim, and shall not afterwards assert any right thereto whatever, or any claitii f6r damages- Judgment of forfeiture Against any spiritous or intoxicating liquor, under the provisions of this Act, shall operate as a judgment, in rem, and the validity of cuch judgment shall not be contested, or questioned in any action, in any court, by any person, except by appeal of the cause in which the judgment of forfeiture .is declared and no court shall take jurisdiction of any action of replevin or any other action try the validity of the proceedings in which the forfeiture is declared, except es herein provided.

Bi6. 32. Any person feelling agrieved by arty judgment Of the Mayor of the city, or Justice 6f.th6 Peac6, may appeal within thirty days, to the court of common pleas, or circuit court of the county/ but the appel lant shall, before the appeal is granted,' en ter into a recognizance before the Justice or Mayor with approved security in the penal sum of twice the amount of the judgment and costs, conditioned that the appellant will personally appear in the appllate 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. 33. When any appeal is taken the magistrate shall forthwith make out a 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 a judgment, and enforce it according to the provisions of this act.

SEC. 34. Whenever any spiritous or intoxication liquor is seized as a nuisance under any provision of this Act, the officer seizing it shall keep the same safely in some secure place until final judgment and if judgment of forfeiture be given against such liquor, or any part of it, he shall deposit such liquor with the County Agent, duly appointed to sell intoxicating liquor, for safe keeping and if no appeal is taken within thirty days, the officer shall return the receipt for safe keeping, and take and destroy the liquor under, the order of the court trying the cause. But if any appeal is taken, the officer shall return his order to the proper court, endorsed that he had delivered the liquor so seized to tho County Agent for safe keeping, and the County Agent shall keep such liquor subject to the order of the appellate court. Whenever judgment is given against the State upon the seizure of such liquor as a nuisance, the attorney prosecuting the action, or other 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 seizing the liquor 6liall 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 deposit the liquor seized with the County Agent for safe keeping, and make his return accordingly. Whenever final judgment is given against the State in such cause, that the liquor so seized is not a nuisance, and not subject to forfeiture, the county shall pay the costs of the seizure, carnage, safe keeping, and return of the liquors, and the fees of officers, jurors, and witnesses in snch cause but the connty shall be.liable for no other costs in any case except the keeping of .persons under arrest and imprisonment for a violation of this Act, as in other cases.

SEC. 35. No defect in bond, or writing, or recognizance, with security required by this Act, shall, in any manner, invalidate the same, but the person executing it shall be bound to the full extent of tho law requiring the bond, writing, or recognizance.

SEC. 36. Every person who has been authorized to manufacture spiritous and intoxicating liquor, and given bond with sureties therefor and every person who has been appointed an Agent to purchase and sell spiritous and intoxicating liquor, and given bond and security therefor, as 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 thereof, and may be prosecuted in a criminal proceeding for a violation of the law at the same time and if he is found guilty and fined for a violation of the law, and the penalty 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..37. It shall not be necessary in any complaint, affidavit, or information under the provisions of this Act, to allege that the offence charged was a second, third, or any subsequent offence -by the -accused person against the same provision of this Act, but if it shall appear in evidence upon the trial that the person accused has been before convicted Of the same offience with which he stands charged, the Mayor, Justice, or Court shall render judgment accordingly.

SEC. 38. In the construction of this Act, words importing the singular number only may also be applied to the plural of persons and things and words importing the masculine gender only may be extended to females also.

Skc. 39. All acts and partli of aOtS inconsistent with the provisions of this Act, are hereby repealed but.snch repeal of any former act shall not effect any suit, proceeding or prosecution commenced Or prosecuted ur.der the same andlall such suits, proceedings and prosecution? now pending shall be prosecuted to final j^lgntent and execution in the .fiattie manlier i£ if snch laws were not repealed* .=*£',

SEO. 40, The terin itiiigistrate astosed in this Act includes Justices of thej teace, -t

[PUBLISHER.

rradsr

NUMBER 44?

Mayors of Cities, and Judges of the courts of common pleas during the sitting of said courts.

SEC. 41. No spiritous or intoxicating li-* quors shall be given away, or be kept with intent to be given away, or be kcfJt -tvith intent to be given away, in aiy tavern, boarding house, public eating house, grocery, oyster shop, store, bar-room, confectionary, or other place of public entertainment or in any theatre, museum, or other place of public resort or on ary steamboat* or other craft, carrying passenger and for any violation of this section, the person so offending shall be fined [to] the same extent as for selling' such liquor contrary tor this Act/

SEC. 42. This Act shall take effect and be in force from and after the twelfth day of June next and the Secretary of State shall cause one thousand copies thereof tof be printed in pamphlet form, as soon an practicable, and transmit threo copies of the same to the Clerk of each of the Circuit Courts of this State, who shall file the sama in his office and said Clerk shall immediately upon the reception of such copies* forward a cirtificate/ under the seal of such court to the Secretary of State, and alike certificate to the Governor, of the time of the filing of this Act in his office, and when such certificate has been received from all the counties of this State, the Governor shall publish his proclamation, stating such fact, which shall be received in evidence, in all Courts in this State, of the fact of such filing.

ASHBEL P. WILLARD, President of the Senatei DAVID KILGORE, Speaker of the House of Pep's. ,? Approved February 16, 1855.

JOSEPH A. WRIGHT.'

STATE OF INDIANA: Officio/ the Secretary of State—To-wit I hereby certify that the above and foregoing Act of the lie'gisfatare of said State is a correct copy of the enrollment now ort file in my office, except words inserted [thus] in order to aid the sensed

IN TESTIMONY WHEREOF, I have hereunto 6et my hand, and affixed thef

[L. S.] Seal of State at the City of Indianapolis, this 14th day of March* A. D. 1855.

ERASMUS B. COLLINS, :pv'- Secretary of State.-

The Show, &c. 'V

Last Thursday was a great day in Huntington! Notwithstanding the extreme inclemency' of the weather, a very largo" crowd was in attendance to witness the exhibition of Van Amburgh's collection of animals and Den Stone's Circus, and wo' presume that no one will deny but that a? great deal of money was fooled away, in various ways. The show itself ifc one of the most unmitigated bores that ever started out to impose upon the people, and will in all probability 'pull up' at some poor house about the first frost.

May wo be excused from tho visits of any more such shows.-—Indiana Herald.

At a wedding party recently Id

Washington county, Maryland, fifty orsixty persons were poisoned b^ eating custard irt which arsefiic had been placed. Twentyfive of the number including the bride, are not expected to recover.

I O A E S

FOR '.J-

ADVERTISING & JOB PRINTING, ENTEREDintobetween

the several Publishers

of Crawfordsville, ("Montgomery Journal/' "The Review," and "Locomotive,") on the 7th day of March, 1855 ad follows:

Yearly Advertising.

One Column, p6r annum, subject to sfemiannual change, $3(1,Ou One-Half Column, per annum, subject to semi-annual chaftge, 18,09 One Third Column, per artiitflfl. Subject to semi-annual cliaiigfe, 15,00 One Quarter CoInifin,p6rahnum, subject to semi-annual change, 10,Ou A. "Card" of one square or less, per annum, »,00 6 months, 4,00

LEGAL ADVEHTISKMESTS, as heretofore, one dollar per square, for three insertions for each addition-* al insertion 25 cents all over one square, charged as a square and a half, all over one square ands half, charged as two sq&if'fes,

Patent. Medicine Advertising One column pr annum, semi-annual change, $35,0t| ti.if 25,00

Quarter All Public Sales, Transient Advertisements, &c., $1 per square, for first insertion and 25cts. fo* each additional insertion. '.

Special Notices

Marriages, Obituaries, Literary ITotices of ail kinds, half our regular advertising rates. ETMotices of Patent Medicines, $t per square* for first insertion.

Card and Job Printing.

One pack of Cards, (50,) Two (100) Lottery Tickets, or cards,- (100) each additional hundred. Funeral Invitations, (note paper, enveloped) 3,W Circulars, on half sheet letter, per hundred, 3,00 Rlnnkg—single quire $1,50—two_ quires, and for each additional quire, 75 cents. Whole Sheet IPosters, per htmdredy each additional hundred^ ??v Half Sheet Poster, per hundred each additional hundred, Quarter sheet Poster, per hnn3reay each additional hundred. Eighth Sheet Poster, 50 or less, Ball Tickets, 100 copies, $4,00—to be paid for in* variably, before taken froih the office.

(2,00 3,00 1,50 1,00

$2,00

$8,00 5,00 5,00 3,00 3,00 1,50 1/50

Electioa Tickets/

ftre dollars per thousand will fee "charged Election Tickets, to be paid for invariably advance.

Sitotr Adr(!rtiittte1rti»

Two doUa»:p«r.sgnate will

be.

vertlssments of this character,

for

firs* insertion—'

each additional insertion,•,$!.. .. Horseind JackTlills^ For single Horse BiUSS^e*® additional HortO on bill, $1

Particular Hotice^

the

idfkentfor all

.Patent

mcnts

Medicine advtt^-

must be aatisfectohly secured before interim ed, by an

xE^Sey,

JtiwtAt.

5-BOWEN, Jtsnsw»