Jasper Banner, Volume 2, Number 5, Rensselaer, Jasper County, 8 March 1855 — Untitled [ARTICLE]

selling any spirituous or intoxicating liquor to any person other than a duly authorized county agent, shall subject the applicant to prosecution in the same manner as if he had no authority to manufacture or sell.— The county commissioners shall not grant to any person authority to sell spirituous or intoxicating liquor, who has been found guilty of violating any provisions of this act, or any act touching the sale or manufacture of spirituous or intoxicating liquors. BOND OF MANUFACTURER. Know all Men, that we, --- principal, and 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 abov-i bound 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 ob-ligation-is-conditioned thaTtho said wall 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 and intoxicating liquor. Upon the observance of the foregoing conditions, this obligation shall be void, else to remain in full force. Approved, &e. - -

AN ACT

To prohibit the Manufacture and Sale of Spirituous and intoxicating Liquors, except in the dates therein named, and to repeal all former Acts incansistent jor the sup- — Intemperance-. —; Section 1. Be it enacted by the General Assembly of the State of Indiana, That no person shall manufacture, keep for sale, or sell, by Himself or agent, directly or indirectly, any spirituous or intoxicating liquor, except as is hereinafter provided. Ale, porter, malt beer, lager beer, cider, all wines and fermented liquors which will produce intoxication, and all mixed liquor, of which part is spirituous or intoxicating liquor, are'included in nd are within the meaning of this net. Sec. 2. No provision of this act shall be construed to forbid the making of cider from apples, or wine from grapes, currants, or other fruit, grown and gathered in this State by the manufacturer, or the sale thereof by him; but such manufacturer, or other person on his behalf, shall not •ale, or to any one person; and all •old 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, Sec. 3. No provision of this act shall be construed to forbid 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 sale, remains in, and is sold in the original casks or packages in which it was imported, and in the same-quantities; but the customhousecertificates of importation, and proofs of marks on the casks or packages corresponding thereto, shall not be reccived -as- -sufficient -evidencethat the liquors contained in said packages are those actually imported -therein. All other.sales of spirituous or intoxicating liquor made by any importer as such shall be deerntd to be unlawful. • ' 7 —~

Sec. 5. the county commissioners”! at any meeting of their board, may I appoint some suitable person or per- ’ sons, as agent or agents of the county, for the purchase of pure and un- “ andirrtHxieating liquor, and for the sale thereof, within such county for medicinal, chemical, and mechanical uses only, and pure wine for sacramental use; and the commissioners may remove; any such agent at pleasure; and if necessary, appoint another in his ; istead. Not more than two such! 1 agents shall be appointed in any one J township, unless the townbhip con- J j tain over ten thousand inhabitants;: | in which case the commissioners may | I appoint two agents for each ten thou-1 ; sand inhabitants, and one for each dive thousand over sueh ten t-housand inhabitants. No in-keeper, or keeper of a public eating house, boardjing house, grocery, oyster shop fruit; ; store, bar room,confectionary,or oth-; ' er place of public entertainment; or i I * ie kc eper of, or in teres ted inrarry theatre, -museum, or other place of public resort; or the captain, com-' mander, agent, clerk, or servant of, or on any vessel, boat or water craft of any kind shall be appointed such agent. —E-.-nry agent shall hold Ins office one year, unless sooner removed; he shall sell such liquor only in one place, to be designated by the commissioners; andon the purchase ; and sale of such liquor, he shall eoni form 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 name of the person'of whom purchased, and the date, quantity, price and kind of liquor of each sale, 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 procured for that purpose, and shall at lie 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 prices, quantity and kinds of liquor of his purchases and sales; and in his report he £hall specify the number of sales, and the intended use of each sale as 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. lie shall not be interested, except, as an inhabitant of the county, in any profit thereof. Such agent shall sellliquor at twenty-five per cent., over cost price miAd no more. The county shall not be liable for any debt contracted by such agent, except as is herein provided. Sec. G. Apy 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 no may sell in the following cases and no other: First. To any person of the age of 21 years t being of good character for sobriety, and an inhabitant of the ' county in .which such liquor sold.

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 pl aces within the connty 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 commissioners. But all persons engaged in the manufacture of such liquors at the time of -the- passage. AfAhis he,.xn£ titled ns 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 manufacturcr shall be -xouYiated of« ft»x...vufiiAtion,.hia an-, •thority shall cease, and .shall not be renewed. Before the commissioners grant such authority, the applicant shall file his bond with the Auditor of the county, with two good and suffioient sureities, to be approved by the commissioners, on -a penalty ox not less than one thousand* dollars, nor . 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 band 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 the condition of the bond has been broken as charged, the court shall render judgement for the penalty of the bond, and declare the authority of the applicant to-mariufac-ture 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

or of a township or city adjoining said county, provided the person selling the name shall have good reason to believe and shall believe, that the same is intended by the purchaser to be used for some one of the purposes in the proceeding section named, and not to be sold, disposed of or given away, or to be used on the premises, or Second. To any person authorized to sell such liquor as in the last section provided. 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, out of the treasury, as they shall deem proper for the purchase of 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 re-appointed until he has made full ioners at the close of his agency, and account for all money and profits in his hands, belonging to the county ; nor until he has paid over all such ' sums of money, n required by the commissioners as they shall direct, after deducting the interest due him and the compensation allowed b}’ the close of his agency, shall deliver over all liquor which he may have on hand connected with his agency, to such other county agents 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 money in his hands belonging to the county, retaining only sufficient to pay his compensation, and the in teres t oh the money that may have been invested by him. When the agent whose agency has closed by any means whatever, has 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 delives such liquor, the cost price thereof, as soon as he shall account fairly for all money that may lttiv-e-eeme 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 I 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. - •

more than one hundred dollars, for the second offense; and one hundred for any subsequent offense, and be imprisoned in the county jail thirty days, for each offense after the first conviction; and, in all cases, until the fine and costs arc paid or replevied. Sec. 10. Every person who shall, in violation of a 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 inducement to purchase any article of value, any spirituous or intoxicating liquor, shall be deemed guilty of a misdetneanor, and upon conviction thereof, for the first offense, shall be fined in any sum not less than twenty dollars, nor more than fifty dollars; and for the second offense, not less than fifty dollars, nor more than one hundred dollars; and for each offense after the first conviction, shall Ire imprisoned in the county jail thirty days, and in all cases until the fine and cost are paid or replevied; but, if such sale 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 or intoxicating liquor, fn 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 Te”^nvictcdj OT principal be convicted or not. Sec. 12. Any person who shall purchase any spirituous or intoxicating liquor of any person authorized -by the commissioners tosoU under a false pretence that the purchase is for a lawful use, with intent to apply the same to an illegal use; such person shall be deemed to be guilty of a misdemeanor; and, upon i conviction thereof, shall be fined in I the sum of ten dollars, and imprison-'-ed until the fine and costs arc paid I or replevied.

Sec. 13. No person shall own or keep any spirtuous or intoxicating liquor with intent to sell the same in violation of law, or permit the same to be sold in violation of law; and everypersonwhashall ownorkeeep such liquor with any such intent, shall be deemed to be guilty of a misdemeanor, and upon conviction thereof, for the first offense, shall be fined in any sum not less than twenty dollars, nor more than fifty dollars,and for the second offense, shall be fined in any sum not less than fifty dollars, nor more than one hundred dollars, and fbr each subsequent offence one hundred dollars; and for each offense 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 defendant with owning, selling, or keeping for sale spirituous or intoxicating liquors, 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 dwclfLog.house or its dependencies, (or in such dwelling house or its dependencies, if tlife same be a tavern, public eating house, grocery or other place of public resort.) shall be received and acted on by the court aa presumptive evidence that such liquor was kept for sale contrary to the provisions of law. Sec. 14. All fjpirvjQUS or intoxicaiing liquor, intended by the cwner or keifpCT "thereof to W sold in violation of the law, and the vesnel containing the same,shall be deemed to be anuisanee, and nhall be forfeited and disposed of as hereinafter provided,

Sec. 8. Before any such agent shall be authorized to purchase and sell spirtuous or intoxicating liquor ' as aforesaid, he shall file his bond withthe auditor of the COttnty. Avilli two good and sufficient sureties, payable to the State of Indiana; in a ■ penalty of not less than one thousand donars,. no more than five thousand" dollars, to be approved by the comlIJ LdSlvTnv ”5 ■ ■‘fit?"’ ■ will, in all respects conform to the I 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 the. court, or jury, shall find upon the trial that the condition of the bond has been broken, the court shall render judgment against the defendants for the penalty of the bond and costs. BOND OF AGEHT TO SELL. Know all men that we, as principal, and ■we,—- -sureties, are held 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. Wheeeas, The county commissioners of the county of- have appointed the above named —Agent, (or agents) to purchase and sell spirtuouq and intoxicating liquor ib-t township, —county: Now the above obligation is conditioned that the said agent (or agents) shall, in all respects, conform to the provisions of the lawdn relation to his (or their) agency,-and the laws of the State of Indiana touching the .sale of spirtuous and intoxicating liquor Upon the observance of this condition, this obligation shall be void, else to remain in full force. Approved of, &c! Sec. 9. Every person who shall manufacture any spirtuous or intoxicating liquor in this State, in violation of the law, or without authority of law; shall be deemed to be guilty of a misdemeanor, and upon, conviction therefore, shall be fined in any sum not less than twenty dollars; nor more than fifty dollars, for the .first offense: nor lees than fifty dollars, nor

Sec. 15. If any three persons of good moral character, residents of the county, shall file their verified complaint or affidavit with any mayor or justiee of the peace of the couty, that any spirituous or intoxicating liquor 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 be so stated in the coinplaint, and in inteded to be sold in violation oflaw, 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, or marshal of the city, reciting the material part of said complaint and directing the -officer to search thoroughly the said place, to* seize the liquor with the vessel containing it, and tokeeptne same securely until final action is had thereon; whereupon the officer to whom the 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 such writ; and shall securely keep- all liquors so seized by him, if any, and the vessels containing it, until final action is had (hereon. But no warrant shall be issued under this Act to search any dwelling house, in which, or part of which, no tavern, groeesy, business office, shop, baardingor victualing house, or public room of any kind’ is kept, unless the occupafit thereof shall have been convif ted44 herein provided, of having sold intoxicating liquor in his dwelling house, or suffering it to no done within six months next preceding the issue thereof. Szo. 16. Whenever it shall appear to such justiceor mayor, hyjjie return of tV officer serving the warrantUtfeat any sptriruws or iw<>ii< aiing

I liquors has been m1e«1 by the officer, the justice 'br mayor shall forthwith after the return, bane ’ a notice to all persons concerned in the seizure, ' and issue a summons commanding the person.w» j : keeping or owning the liquors seized as aforesaid, ’ j to appear before him at his office, at a time to be' I spccilied, not less than three, nor more than lwen-' , ty days from the service thereof, to show cause, j i if any he has, why such liquor so seized as a/orei said, with tht vessels containing it, should not | be forfeited and the liquor destrovrd; and the | officer to whom the summons .shall be directed , lihall serve tlie same forthwith, by reading to the ; person named, therein, or by leaving a c<my there- j i of at his place of residence, if he reside in the ' county, and by posting a copy of this notice in ; I some conspicuous place on the premise* where ■ -fiWntbjpOi'ibTri’g<A!dltqtKffKlurtlt>crnfrncjwn-t 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 conspicuous place on i ' the premises where the liquor was seized, not ; ' less than t hree nor more than twenty days before the dny sot for trial. Bec. 17. At the time and place set for trial, the person accused and any other [ person an interest in the liquor seized, may appear as defendant and show ' I cause, if any he has, why the liquor l ' seized should not be forfeited No plead- ’ 1 ing shall be required of the defendant; but a denial es- in the complaint, and under such plea the defendant may give in evidence all matters of defense. Either party may demand a i jury of any number not exceeding twelve ; I men; or tlie case may be Tried by the justice or the mayor where no jury is demanded. If the jury or justice, or mayor, trying the cause find that the liquor or any part of it was kept for the purpose [of sale, in violation of law, the justice ; or mayor shall enter judgement that the thereof as was kept for such purpose, and the vessels containing it, are a nuis'ance, and that the same be forfeited, and ! that such liquor be destroyed. If no per- ; son appear at the trial, after the notice ; h.us been posted up, and the summons, if : one has been issued, has been served as 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 scized or any part thereof, was kept for sale in violation of law, a like judgement shall be rendered as above provided.

Sec. 18. Wherever judgement is rendered that the liquor so sciz&d as aforesaid, is forfeited, the.-justices, or mayor, or court rendering final judgement 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, withO-Ut appraisement; and the proceeds of such saleshall be applied to the .payment of the costs of the proceedings in Jlie case. The officer shall execute such order and return it as required by this act, with his doings endorsed thereon. Sec. 16. Whenever it is decided that the liquor so seized is not liable to forfeit ure, the justice, mayor, or court trying the cause shall issue an order to the proper officer to restore the said liquor with the vessels containing it, to the place where it was seized. The proper officer shall, at the expiration of three days, executethe order and make return thereof with ; his proceedings endorsed thereon, if no ■ appeal is taken by-dhe State.

made under thin section to nuke complaiM on oath, before such magistrate, agwUet the person or person* arrested, and to prosecute such complaint to judgement and execution. It shall be the duty ot every officer whenever he shall eee any intoxicated person in any publi<' place, or disturbing the public peace apd quiet, to apprehend such person and tak* him I e fore some magistrate; and if such magistrate shall deem him too much to toxicated to be examined, or to answer Up* on oath, correctly”, he shall direct such Officer to keep such intoxicated person in some safe and conveniem ptaee 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 an oath or affirmation and »x----amine him for the purpose of ascertaining whether any offense has been conamitted against any provision of this act by any other person; and if such witness shall refuse to answer any question propounded by such magistrate, touch ing such offense he shall be imprisoned in the county jail until he consents to daswer. It 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 andvterify the same by his oath or affirmation. Sao. 23. If any person shall mix drugs with any spirituous or intoxicating liquor to sell the samrto be used as a beverage, or shall Jeep for sale, or sell any drugged liquor, to be used as a beverage, demeanor; and upon cOntiction thereof, he shall be fined in any sum not lesitKan twenty-five dollars nor more thhn two hundred dollars, and be imprisoned thirty days, and until the fine and costs' are • <?« FCpJC-W't'-CL 1 such drugged liquor, with the usual vessels and furniture for selling liquor, shall be presumptive evidence that such drugged liquor was kept for the purpose of illegal sale.

Sec. 21. No person who shall, aMh» i time, be an habitual drinker of intoxica '.ting liquor, or who shall have been fn- , gaged in the unlawful manufacture ,or i sale of intoxicating' liquor, or who shall have kept any intoxicating liquorforqnlawful eale, shall within one year there after be a competent juror in the trial of any prosecution under the law’s touching the unlawful manufacture, sale or keeping for sale of any spirituous or intoxicating liquors. Any person summoned as a juror may be inquired of under oath, as to his competency, relative to the Betters specified in tills section; and the per son 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 an swer, in which case he shall be set aside | as incompetent.

Sec/25. All contracts, notes, bills, bonds and mortgages made in con sidcration of the illegal sale of‘intoxicating liquor, shall be absolutely void; and all contracts, notes, bffls. bonds deeds and mortgages made in part consideration of the illegal s Ah* of intoxicating liquor, shall bfe void so far as the illegal consideration is concerned. All money, and every article of every kind, or the value thereof, paid or transferred for the sale of intoxicating liquor, may be recovered by the person paying or transferring the tame. ' Sec. 26. Nothing contained in this act shall be ho construed as to prohibit the manufacture or keeping for •ale, or the Sale of burning fluids'of any kind, perfumery,essences chemicals, dyes, paints, varnishes/ cosmetic?, solutions of medicinal drugs, medicinalcompounds, or any other article which may be composed in part of alchohol or other spirituous liquors, if not adapted to use as a beverage; Provid&t, however, that- if such article is capable of being ueted or is intended-to be used as a beverage, or in evasion of Metj’th® manufacture or keeping for sale, or sale thereof, shall be deemed a’violation of this act. sSfec. 27. It shtdl be the duty of the city attorney to prosecute all suit.-* under this act, which may be brought before the mayor ofiim 3t£ and it shall be the 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 thfc"court of common ptea of the county or district, and ter prosecute all appeal of suits under tins act, tire ciHhit courts, and courts of common plefa* of his county hr district; and where there is no oi(y c attornmr. ha steali prosecute all the suits uhdwthis att, before the mayor of any city; Sec .2B Courtsof Comoa Fteas. justices of the peace, and ftayort of cities shall hate ,jnris-dit tion nf nl I offences again<t the

Sec. 20. Every device of c mtrivance 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 the intent to prevent the purchaser from identifying the person- selling or dealing out such liquor, is hereby declared to be a ntHsance, and-over-v ruay-or of tlie city justice of the peace, or court of common pleas, may. upon complaint being made under oath, cause notied to be given to the J owner or tenant of the place where such device or contrivance is used, and after three day’s notice try the cause, and if the mayor, justice, court or jury trying, the cause find that such nuisance exists, such justice, mayor or court shall order the proper officer to abate the nuisance by the destruction or removal of device ior contrivance resorted to. The proper I officer shall execute such order forthwith, and return it with his doings endorsed ' thereon: Sec. 21. Every person who shall resort to any such device or contrivance specified in the proceeding section for the 1 purposes 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 dollarg nor more than two hundred dollars; and imprisoned in the county jail not less than thirty days nor more than ninety days, and until the fines and costs are paid or replevied. Sec. 22. It shall be the duty of-, every sheriff, deputy sheriff, constable, marshal or policeman, to arrest any person whom' he shall see actually engaged in any violation of this act, and to seize all liquors kept in violation thereof, st the time and: place of the commission of such offense, together with the vessels containing the same; and to forthwith take such person before any magistrate of the county, to be dealt with according to law; and to store such liquor and vessels so seized, in some safe and convenient place to be dikposed bf as in this act provided If ( «hall be the duty of every officer by whom anv'jarrest and seizure >hall he

provisions of this act. The jurisdiction of mayors and justices of the peace shall extend throughout the county. Sec. 20. Every prosecution under 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. ■ Sec. 30. Coats shall he assessed in the porceedings under thia act as in other criminal cases, except when otherwise provided; bat in all cases of Conviction a docket fee of five, do! lara shall be taxed in favor of the at tornev who prosecutes such cape: * Abd, jn the absence of the proper prosecuting attorney, the court trying such cause is authorized to appqffit an attorney to prosecute such complaint. Incase us final epnv c anydanpelate court, the accused party shall pay all costs, including docket fees, which may have been assessed against him iu the inferior eourt or courts. Sec: 31. If any person claiming • 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 claim for Judgement of forfeiture against any spirituous or intoxicating liquor under the provision of this act, shall opetate as a judgement in'rem, and the validity of such judgement shall not be questioned in any action in any court by any person, except by appeal of the cause in which the judgment or forfeiture is declared; and no court shall any action of replevin, or any-other action, to try the validity of the proceedings in which the forfeiture is declared, except as herein provided. grieved by any judgement of a mayor of a city, or justice of the peace, may appeal within thirty days, to the court of common pleas or circuit court of the county; but the appellant shall, before the appeal is granted enter into a recognizance before the justice, or mayor, with approved security,in the penal sum of twice, the amount of the judgement and costs that maybe rendered against him, and abide the order of the court, and not depart without leave. Sac. 33. When an appeal is taken the magistrate. shall forth with. ..inalte out a fair transcript of the proceedings and file it, with all the papers in the. cause, with or without ajury, and ren-: der a judgment and enforce.it accor-. ding to the provions of this act.

. See, 3L Whenever any spirituous or intoxicating liquor is seized as a nuisance, under any provisions 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 liquo? with ths county agent, duly appointed to sell intoxicating liquor, for safe keeping, and take and destroy the liquor, under the order of the court trying the cause. —,

But if an appeal is taken, the offic2. r shall return his order to the proper court, endorsed that he had delivered liqnor eo seized to the county Agent for Bafis>k®epiftg-,- and the eowrt* ty agent shall keep such liquor sub- ; ject to the order of the appellatecourt. Whenever judgment is given ' against the State upon the seizure, of ■ such liquor as a nuisance, the attorney prosecuting the action, or the, district attorney* may cause the ac-; tion to be taken to the apellate: court upon appeal, at any time with- * in three days, without any bond be-i ing filed on the part of the State.— i And the officer seizing the liquor! "hall not return it to the place of I seizure until the expiration of three ’ <lays;.aud;upon the appeal being tak- i cn on fire part ofthe State, lie shall i 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 Ilguor so seized is not a nuisance, and not Bulye<?t ‘to forfeiture, the county shall pay the costs of the seizure, carriage, safe' keeping, and re- °( A e liquors, and the fees of officer#,jurors and. witnesses in such caqsej fiiit the county shall be liable any ca^,, ex- 1 cept the kcepuig of persons under arfad Hpjsfloqed,for a violation other cases. ,a&.; No defect ta any bond, or writing ity rekiwted by this act. in any the* ante ;but the pttffQn>ejiccntingit shall bebouad to. tJbeffifi (fstwit requiring: the or recognizance-., i person uno

been authorized to manufacture spirituous and intoxicating liquor, and given bond with suretier therefor ; and every person who has been appointed and agent to purchase and sell spirituous and intoxicating liquor, and has given bond and sureties therefor, as required by law, may be prosecuted in the circuit court or court of common pleas, with his surety upon the bond for a breach of the constitution thereof, and may be prosecuted in a criminal proceeding for a violation of the law at the same time; and if he M found guilty, and fined fora 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 cam shall he credited upon the judgment rendered upon the bond. Sec. 37. It shall not be necessary in any complaint, affidavit, or imibr.inaiinn.,.. ah i s Act, to allege that offense charged” was a second, third, or any subsequent offense by the accused person against the same provision of this i Act; but it shall appear in evidence upon the .trial that the person accused has been before convicted of the same offense 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 ouly may be extended toTemwles also. Ser. 39. All acts and part of acts inconsistent with the provisions of this act are hereby repealed; but such repeal of any former act shall not affect any suit, proceedings or prosecution commenced or prosecuted under the same; and all such suits,proding shall be prosecntciztrrrfeal: judgment and execution, in the same manner as if laws were notrepealed. Sue. 10. The term magistrate, as used in this "peace] may jiidgcs of the courts of common picas, during the sitting of said courts. Sec. 11. No spirtuous or intoxica-. ting liquor shall be given ..awaju. in., any tavern, boarding house, public eating house, grocery, oyster shop, store, bar-room, confectionary, or any . other place of entertainment; or in any theatre, museum, or other-place of public resort; or on any steamboat, or other craft, carrying passengers; and for any violation of the section, the person so clfending shall be fined to the same extent as for selling such j liquor contrary to

j Sec. 42. This act shall take effect. ‘ and be in force from and after the ' Ist day of June next; and the Secre- > tary of the State shall cause one ■ thousand copies thereof to be printed j in phamphlet form, as soon as practieable; and transmit three copies of the same to the clerk of each of the circuit courts of this State, who shall ' file the same in his. own office; apd . said clerk shall, immediately upop-q ; the reception of such copies, forward : . a certificate, under the seal of such; 1 court, to the Secretary of State, and i | a like certificate to the Governor,, of; the time of filing of this act in his . office; and when each certificate has ; i been re ceived from all the counties i of this State, the Governor shall pub- j lish his proclamation stating such which shall be received donee, in all courts in this State, of; the fact of such'fiW-' “"’7

Faxxy Fekx DageebreotyTED. —She is full forty is Fanny. Sports curls like a girl of 17. They are auburn — poetically so. Has a keen flashing eye. Noes between Grecian and Roman. Rather thin and rather good looking. Cheeks with a good deal—quite to mucK—coloring. Comes of rough. Bad taste, but no business of ours. Lips well turned, and indicative of firmness rather than of — sugar. Chin handsomely chisled.-'-Whole countenance betokens a woman of spirit and high nature generally. . Form fine. Chest a modle—not surpassed. Carriage graceful and stately. Rather tall and emphat - ically genteel. Pretty foot. Ankle to, match. Hands small. Likes to ahow them. Dresses in the cut and dash 'school. Fond of ribbons, laces and millenery. etc. etc,, generally.— Talks rapidly.—-fe-witty and brilliant —cutting and lashful. Proud as Lucifer; Found of fun. Hates most of her relations. Treats her father and Nat. almost brutally. Has three as pretty girls as ever wore curls. Is proud<of them, and justly. Is heartless. Is a flirt. ’ Lives in clover. Is wortW $20,000. Got it by pen and ink. When passing the streets takes t eight eyes out of ten. On the whole k -Sfl-paderful women is Fanny -—Boston Ditpatch. , p-.. - l( , ; r U, . 4 . -‘a f— r ~ t ‘ ’•■■ c.;'. ■’ Dom anxiously expect wfiut is not yetcome; do tint vainly regref. what<!-’ •ready piwt-