Plymouth Banner, Volume 3, Number 49, Plymouth, Marshall County, 22 February 1855 — Page 1

mm 4 ! '1 E A Family Newspaper Devoted to Education, Agriculture, Commerce, Markets, General Intelligence, Foreign and Domestic News, PLYMOUTH, INDIANA, THURSDAY, FEBRUARY 22, 1855. VOL.. 3. NO. 49.1 WHOLE NO. 153.

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THE BANNER

ü ruBLUHVj ZTssv THUiiiiT MOKSiMo a u t Y . ri ty to m an u fact ure or sell t ny spi rby ir raeriUToxs. ituouj or intoxicating liquor, who has J. I-. A E. A. THOJirSOIT. hn found guilty of violating any provis-

i 1 f ii 1 in a Irs ire. ---------" At th-in-l of ix months. 200 i ' -IcUr-J nntii he nd of the year, 250 fvlurs tj orr a d;?aont!nvnte at U .4p.r,ronofthe V:ae subscribed for, will re e.nuVd aneW,!niaSrae:it' tnd tfc P'PCr lj-S ppT wilt be discontinued unti;all err.-traces -irs Jiii. unleasatth option oithe Publisher. ... JJ-ia IJilTI tt. w "; - h-fTcd tO. ADVFVTI5I NG. Oae q tare three ii.ie-.vii or ie?a SI 00. Each addition! iert:.oi . 3 rt. it nv.. 5 !..-. 6.1) 7. CO ,00 10 03 10 Di) 12 J3 12 aa roj 15)0 13 CO 21 30.1 J 12 mot. O ;e qmre $ I 01 Tva q'nre P. 00 Thr-o i '. 7 0J Q-ter. e In. C3 H.f do. It i0 00 1203 15 00 20 00 25 00 23. 0J O.i U. 2') OvJ Ui.infii nrd iüte tev n yr 5, 9. Legtl advertiiecieaM mut fci cnh in adrtnct or accitel -corV. Alrti-r erts. lim Oft marked, will tie iarte Iti.i fir'i Idra. nl charged at tha abort rates. üAll Conrninioationa Irom & distance hml a addresied, Pst-Paid to Wtlliam Mm:m. An Act

.... , . .r r ouio suitable person or persona, as agent To nrahibit the manufaclurt and sale 0! - j .- or aceuta of the county, for the purchase .pirituou and xncauns I juor. , R unadulerated intoxicati.g sxc.pt tn tKc cy.fAcron na s.U thereof within f. repeal ell .rmer ael i f countr for mrlicali chemical and ttnt t trtcilh. and forth $vppreeton . . IcnV ' rr J mechanical uses only, an 1 pure wtoe far iif intemperance . ,r, a, i sacramental use; and the commissioners SEcTiaü 1. He it enicU Oythe uen-j . . . jECTin . .j,-,,-, my remove any such ageat at pleasure; rI vlirri6v of the Statt inaiuna. i 3 . . . r . -?:.:;?-.s.ti .r.M... k.lndif necessary appoint another in his

iua n. i...--- ,;r i stead. Not more th.a two auch agents for 1. or Mil. by hu.s.lf o agent d,- aprointed in any ,ne township. r.ctly.r,nd;rectly..ny.P.r,taou or,n. ,hirtownship contain over tan toxicals l.quor. except as is harain-af- ,nhmh.. in whifh rae lh.

xtr pucu. r -y""" j lager beer e.d.r. . .11 w,.e. and f liquor whuh utll pra.uc. ,n oxic.t nni.ll mixe, .qu.r .of which par ,., : AI nnfiif malt acrr ..'..iitoni nr lniaxicatias Itauer. are ta wtaB,uv.wv. ... C7 a, cludal ia tht term rtfojcicattij iguir, an4 ara wi'.hin iVa naaaning af this act, Sec. 2. No proviaiea of tbia act shall e constraed to foraid the making of ciiar from applta, or wiae from grapes, currents, or other fruit, growa and gathered in this State ay the manufacturer, or the aala thraef by hin; but surh manufacturer, or other p'rtea on his behalf, shall not U 193 tu 4 a Ibra gallons at aay one sjle. lo y rtf,,BI Bi said at any oae sale ahall b Ukeu away at the same lime. Aay other manufacture or sale of cidr or wine shall be Jeeui td to be un!awrul, except a herein provided. Sec. 3. No proviaion f this act ehall be construed to fot'oiJ the silebyany impurler lharof of any farign. spirituous :.:.,inT linnnr i m n a f I J uivlrr thai ormwu... ,.T- r - - laws of tha United Statas. and in accnr-) Prirl.i th,t r.S I ith: Provided, that such liquor, at tha time of the s!e, remnias xn and is sold in the original casks or packages iu which it ras imported, and in tha same quantities: but. the customlictise cer.iGcates of importation, aad prf of mwks a the casks or packg' orrspd:og thereto; hall not be receiT el ns swcttnt eviJence t!it the liquo; contained in sjIJ cask, or pickets are tiiose serially imparted therein. V'l Othtrj il8 m( spiiit"3'ia or intoxiralin liquor rnae by av importraa such, shall ha dermsl to b uulawful. ric. 4' Ti.e county commissioner of each couty Tn..y to any person who fchall nj.lv iu wruii: th-rcfar, atitlmrity tin- V:qu-r at r,-.i piacts w i t h i ri the county, aa the r;nMissicners may designate; and to sail tha same at such place on'y. in any quolity, to tha duly authorixt ata of tha several counties of this Bute- Sucl. authority shtl, not continue j mr than on from tha data theraoT aad mat at any timt be ravoke by the o'iumia'aionors. BmI e'-l Prsdns engaged i.n tho intnufacture f pu.h liquors at tha timeoftht pasng? f tUis ct, shall beentiki?.! as a cat f right to such authority, from tha countr commissioners, to manufarture upon the teras in this secti u provided, whic'a shall be renewed from year to yr, so long as uch manu f.cturer shall not violate ny provision of thia act; but. in case such inicufacturar hall ba convicted of any such violation, his authority ahü cease, and ahall not be iinewed. B'forelhe coinmissionrs grant each authority tha applicant shall file his bond wiih the Auditor vi tho county, with two good and sufficient sureties, to be approved by tho tommiioacra. on a penalty of not lesa than one thousand . . I A .1.1 dollars, nor mora man six inouaaw uoilars, payable to the Stato of Indiana, conditioned that the applicant will not, at any time during the year next following in any manner or degree, riolate the proviaionsof any law of this Slate touching the manufacture or sale of epirituous or ,,;,.,.; linuor. The auditor ol trie lUtUtlkf 1111. . ccantv 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 reriiet of the jury, ahall render judgemeat for the piaaltr ef the bond, and declare the authority of the applicant to manufacture and sell spirituous and intoxicating liquor, to bo oid from and after the first violation of said condition. And every act of the applicant in selling any epirituous ar intoxicating liquor o any dnlv authorised counn.iiim uiiici mou IT ntent shall subject the applicant to in th. time manner as if he hr! C9 eutWiiy fratn tbe commissioner

to manufacture or fell. The county commissioners shall not grant to any ptrson

.ion of this act, or any act touching tne aale or manufacture of spirituous or intuxicatinc liquois. r t BoD or MASUfACTUBEU. Ksow all Mm, that we, principal. and we sureties, are held anJ firmW bounJ unlo th, Sute of !.;. ana, in the penalty of dollars. for the payment whereof, welt and truly to be made and done, we bind ourselves lointlv and s-verallv. firmly by these precents, dated Ibis day oi A. D. Whceeas, The abore bond princtnal. has brt-n authatizd by the county a - j commissioners of the county of to ! manufacture spirituous and intoxicating .' liquers in township, in county, for the period of ona year from j this date Now. therefara. tha above obligatiun is condilioat-d tht the said f will hold at any time during the year next frllowing. in any manner or degree, viola te the pr visions of any law of this Stae, touching the manufacture or sala ( spirituous er intoxicating liquor. Upen the observace of the fortgoipg provisians, this obligation shall be vuid, else to re main in full force. Approved. &c. Sec 5. The co'inty commissioners, at ary meeting of their board, my appoint commissioners mar appoint two agents fuf each te i(abUinU 5 on. fn ihojinh,bUaiIti No inn.ke.per or keeper of a public eating house, boarding housa. grocery, oyster shops, fruit store. bar-room, coufertionary, . or other place of public entertainment; or the keeper of. or interested iu, any theatre, museum or other place of publi resort ; or the captain, commander, agent, clerk, or servant of, or on any vessel, boat, water craft of any kind, shall bo appointed such agent. Every agent shall hold his office, oae year, unless sooner raaaoved; he ahall sell such liquor only in one place, to be Vsignvled by -ho 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 accoiit ot all his purchases and sales, dtte. qn miity. price, kind ol liquor of eacli Sale, and thr- mine of the purchaser; , ,.... :llf ..,.,1 c .i.t-J hv ih , " ' , ' " , . V intrchHi-r. buch accounts shal be kept in fair legible writing, in a book procur ed for that purpose; and shall at all tinnes, be open for pub'ic inspection. He shall exhibit his book 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 pric quantity, and kiads of liquor of s .i : I.:- v & ........ .... l rF 3 iiuih ur v . a.Kt, and the intended use of etch sale as made by the purchaser, and the amount he has remaining on hind at the end of each three months. Each agent shall receive such compensation as the commissioners shall proserin. He shall not be interested, except as an inhabitant of the county, in aiiv such purchase or sale made by him, or in any profit thereof. Such agent shall 5 eli such liquor at twenty-five per cent over its coat price, and no more. 1 he county ebull nut be liable for any debt contracted by auch agent, except as herein provided. Sec 6. Any person, authorized aa in the last section provided, shall not sell any liquor to be tsed on the premises where tho tame is sold; but he may sell iu the. following cases and no other : First. To any person of the age of twenty one years, being of good character for sobriety, and an inhabitant of the county in which such liquor is sold, or of a township or city adjoining aaid county, provided the person selling the same shall have gocd reason to believe, and shall believe, that th same ia intended by the purchaser to be used for some one of the purposes in tho preceding section named, and not to be Bold, disposed of, or given away, or to be used on the premises; or Second. To any person authorized to sell euch liquon ai in the last section provided. Sc. 7 Tho county commissioners of each county, ahall direct tbe county treasure to pay over to each or any of the a gents so appointed by them, such sums of money out of the treasury, as they hall deem proper for tbe purchase of liquor; or the commissioners may agree wun mr .vl," f agent to furnish the liquor necessary for l-i a .ft!- at?.fh r at v the business of bis agency, at his own ex pence; the commissioners paying suck agent legal interest upon money infested, in addition to his compensation. No agent shall be re-appoiated until he has made full settlement with tbe county commissioners as they shall direct, after deducting the interest due him and the compensation allowed by ths cornmisaionera. Each agent, at the cloae of hie gncy. shall deltrer orfrtU liquor which he may have on hand connected wun nia neencv. to such other county agents as , o - - the commlseioners, at any session, or ln ' Auditor, in vacation, may direct; he shall also pay eter tD the tteMureroMa coun

ty, all moneys in hia 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 :he 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 delivers such liquor, the cost price thereof, as soon as he shall account fairly for all money tbat may have come into hia 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 re fuse to perform ay duty required of him iu this section, he and his sureties shall be liable on the bond of euch agent, for all damages when collected, shall be paid into the county treasurerSec 8. Before any such agent shall be authorized to purchase and sell spiritu ous 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 lesa than one thousand dollars, nor more than five thousand dollars, to be approved of by the commissioners, and conditioned that he will, in

al! respects, conform to the provisions of the law in relation to the agency, and the laws of the State of Indiana touching the sale of spirituous aud 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 commou 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 agaiust the defendant for the penalty of the bond and cost. BOKO OF AGENT TO EELL. Knew all men that we, as principal, and wo, as sureties are held and firmly hound unto the Slate of Indiana, in the penal sum of dollars, in th payment of which we bind ourselves, jointly aud severely, firmly, hj" tatst presents. Dated this day of A. D. Whebeas, the county commissioners of the county of have appoint ed the above aimed Ageat, (or agents) to purchase and sell spirituous or intoxicating liqnor in township 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, aad the laws of the Stale of Indian touch ing tbe sal of spirituous and intoxicating liquor. Upon the observance of this condition, this obligation shall b void, alie to remain in full force. Approved of, &c. Sec 9. Erery person who shall minufncturo any spirituous or intoxicating liquor in this Slate, in violation of law or withont authority of law, shall he deemed to be guilty of a misdemeanor, and upon conviction thereof, shall be fined iu aay sum not less than twenty dollrrs, nor more than fifty dollars, for the first offence; nor less than fifty dollars, nor more than one hundred dollars, for the second oflVnce; and one hundred dollars for any subsequent offence; and he imprison?' in the county jail thirty days for each offence after tho first conviction; and, in all casts, until the fine and cost are paid or replevied. Sec. 10. Every perEon who shall, in violation of law, er without authority of law, by himself or agent, direct or indirect, under any pretence whatever, seil or give to any persou, for valuable consideration whatever, or as an Inducement to purchase any article of value, any spirituous or intoxicating liquor, shall he deemed guilty of misdemeanor, and upon conviction thereof, ior 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 dollar nor more than one hundred dollars; and for each subsequent offence one hundred dollars; and for each offence, after the first conviction, shall be imprisoned in the county jail thirtv days, and in all cases until the fine and costs 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, sgents and servants of every kind, employed in selling or keeping for sale, any spirituous or intoxicating liquor in violation of law, or without authority of law, shall incur the. same penalties and bo proceeded against and charged in the same manner as principals, aud may be convicted, whether the principal be convicted or not. Sec. 12. Any person who ahall purchase any spirituous or intoxicating liq uor o any person authorized by the com missioners to sell the same, under a false pretense that the purchase is for a lawful use, with intent to apply the same to an illegal use; or if any person shall bedeemed to be guilty of a misdemeanor; and, upon conviction thereof, shall oe fined in the sum of ten dollars, and imprison, ed until the fine and coat are paid or replevied. Sec 13. No person rhall ovn or keep any spirituous or intoxicating liquor with intent to sell the same in violation of law, or permit the same to be aold in yiolition of law; and erery 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 cßnc shall be fin ed 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 hundredjiolUri, tnd fox each

subsequent offence, one hundred dollars; nnd for each offence after the first conviction, he shall be imprisoned thirty days; and in all cases, until the fine and cost are paid or replevied. Upou the trial of every complaint, charging the defendent 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 dwelling house or its dependencies, (or in such dwelling house or its dependencies, if the same be a tavern, public eating house.gio. eery, or other place of public resort), shall be recived and acted on by the court, as presumptive evidence that such liquor was kept lot saje contrary to the provisions of law. Sec. 14. AH spirituous or 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 ba a nuisance, and shall be forfeited aud disposed of as hereinafter provided. Sec. 15. If an) three persons of good moral character, residents of the county, shall file their verified complaint or affidavit with any mayor or justice of the peace of the county, that any spirituous or intoxicating liquor is owned or kept in said county, in any place therein, particularly describing th premises, by any person, which nam shall be sut?d, if known to the deponents; and if th name is unknown, it shall b so staled in the complaint, and is intended to be sold in violation of law, as t!i3 deponents have reason to believe and verily do believe, the jusiice of the peace or mayor shall issue his narrant directed to the sheriff of the county, or to any constable of the county, or marshal of the chy, reciting the material part of said complaint, and directing the officer to search thoroughly ti.e S'id place, to seize the liquor with the vessels containing it, and to keep the same securely until iiiiil action is had thereon, whereupon, tiie officer to whom the warrant may be delivered, shall execute the command of the warrant forthwith, as far as hp can, make return of his doings to the officer issuing S':.h writ; and hall securely keep all liquors so siezed by him if any, aad the vessels containing it. until final action is had thereon. But no warrant shall be issued under this Act, to search anvi dwelling house, in which, or part of which no tavern, store, grocery, business office, shop, boarding or victualling house, or publicroom of any kind, is Kept, unless the occupant thereof shall have been convicted as hotein provided, of having sold intoxicating liquor in his dwelling house, or suffered it to be done, within six mouths next preceeding the issue thereof. Sec. 16. Wheuevtr it shall appear to such justice or mayor, by the return of the officer serving ths warrant, that spirituous or intoxicating liquor has beeu seized by the officer, the justice or m&yor shall forthwith, after the return,issue a notice to all persons concerned in the seizurt, and issue a summons commanding the person so keeping owning the liquors so seized as aforesaid, to appear before him at his office, at a time to be specified, not less then three, nor more then twenty days from the service thereof, to show cause, if any ho has, why such liquor so seized as aforesaid, with

the vessels containing it, should not ba forfeited and the liquor destroyed; and the officer to whom the summons 6hall be directed shall serve the same forthwith, by leading to the person named therein, or by leaving a copy thereof at his place of residence. If he reside in the county, and by posting a copy of the notice in some conspicuous place on th premises where the liquor was seized. If the name cf the person owning or keeping said liquor shall ho unknown to the justice, he shall issue a notice only of tho seizure of such liquor, to all person? concerned, a copy of which shall be posted up by the officer serving the same, in some conspicuous place on the premises where the liquor was seized, not less than three nor more than twenty days before the day set for trial. Sec. 17. At the time ana place set for a trial, the person accused aud any other person claiming au interest in the liquor seizd, may appear as defendant aud show cause, if any be has, why tha iiquor seized should tiot be forfeited. No pleading shall be required by the defendant but a denial of the charges in the complaint, aud under such a plea th de. fendant may give in evidence all matters of defense. Either party may demand a jury of any number not exceeding twelve men; or the cause may be tried by the justice or mayor where no jury is demanded. If tbe jury, or justice, or mayor trying the cause, find that the liquor or any part of it was kept for the purpo of sale, in violation of lew. the justice or mayor shall enter judgment that the liquor so seized as aforesaid, or so much thereof as was kept for such purpose, and the vessels containing it, are a nuisance, and that the same be forfeited and that such liquor be destroyed. If no person appear at the trial, after the notice has been posted up, and the summons, if one has been issued, has been strved 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 seized, or any part thereof, was kept for sale in violation of law, a like judgment shall be rendered as above provided. Sec, 18. Wherever jndgment is rendered that the liquor so seized as afore said, is forfeited, the justice or mayor or court rendering final judgment of forfeit ure, shall issne an order to the proper cficer, directing him to destroy said liq

uor, and to sell the vessels containing it, as other propeity is sold on execution, without appraisement; and the proceeds of such sale shall be applied to the payment of the costs of the proceding in the case. The officer shall execute such order and return it as required by this Act with his doings endorsed thereon. Sec. 19. Whenever it is decided that the liquor so seized is not liable to for feiture, 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, execute the order and make return thereof with his proceedings endorsed thereon, if no appeal is taken bv 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 sellingor dealing out such liquor, with intent to prevent the purchaser from identifying the person selling or dealing out such liquor, is hereby declared to be a nuisance and every mayor of the city, justice of the peace, or court of common pleas may, upon complaint mido under oath, cause notice to be given to the owner or tenant of tha place where such device or contrivances is used, and, after three days court or jury trying the cause find that such nuisance exists, such mayor justice or court shall order the proper officer to abate the nuisance by fhe destruction or removal of device or contrivance resorted to, The proper 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 next preceeding section for the purposes therein specified, shall be deemed to be guilty of a misdemeanor; and, upon conviction thereof shall be fined in a sum not less than fifty dollars nor more than two hundred dollars, and imprisoned in the county jail not le.s thati thirty days nor more than uinM) days, until the fiius and costs are paid or rc pie vied. Sec. 22. It shall ba tne duty ef every sheriiT. deputy sheriff, constable, marshal, or policeman, to arrrest any person whom he shall tee actually engaged in any violation of this act, and to seiz? all liquor kept in violation thereof at the time find place of the commission of 6uch offense, together with the vessels containing the same; end 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 disposed of as iu 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 persons arrested, and to pre secute such complaint to judgment and execution. It shall be the duty of every such officer, whenever he shall see any intoxicated persou in any public place, or disturbing peace and quiet, to apprehend such person and take him before some magistrate; and if such magistrate shall deem him toe much intoxicated to be examinee", or to auswer, upon oath, correctly, he shall direct such officar to keep auch intoxicated person in some safe and convenient place, to be designated by such magistrate, until he shall become sober; end, thereupon, forthwith to bring him before suck magistrate; and such magistrate shall then administer to such person an oath of affirmation and examine him for the purpose of ascertaining whether any offense has been committed against any provision of this Act by any other persou; and if such witness shall refuse to answer any question propounded by such magistrate, touching such offense, he shall be im prisoned in lh county jail until 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 penal ty aforesaid, and verify the sam by his oath or affirmation. Sec. 23. If any person shall mix drugs with any spirituous er intoxicating liquor, to sell tho sam 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 mis demeanor; and on 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, and until the fine and costs are paid or replevied. The possession of such drugged liquor, with the usual vessels and furniture for selling liqnor, shall be presumptive evidence that such drugged liquor was kept for the pur pose of illegal sale. Sec, 24. No person who shall, at the time, be an habitual drinker of intoxica ting liquor, or who shall have been en gaged in th 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 spirituous or intoxicating liquors. Any person summoned as a ju ror may be inquired of, under oath, at to his competency relative to th matter specified in this section; and the person inquired of, shall make fell and true answer, but his answers shail not be used against him in any prosecution for the sam matter; or he may decline to answer, in which caeo he ahall be. ait aside as incompetent, - .

"Sec 25. All contracts, notes, bills, bonds, deeds, and mortgages made in consideration of the illegal sale of intoxicating liquor, shall be absolutely void, and all contracts notes, bills, bonds, deeds, and mortgages mad in part consideration of the illegal sale of intoxicating liquor, shall be void so far as the illegal coniideralion is concerned. All money, and every article of value of er: ery kind, er 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 iu this act shall be so constructed as to prohibit the manufacture or keeping (or sale or the sale of burning fluids of any kind, perfumery, essences, chemicals, dyes, paints, varnishes, cosmetics solutions of medical compounds, or any other article that may be composed in pari of alcohol, or other spirituous liquors, if not adapted to use as a beverage; Provided. However, that if such article is capable of being used or is intended to be usd 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. Itshallbethe duty of the city attorney to prosecute all suits under this net, which may bo brought before the mayor of any city; aud 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 the court of common pleas of the county or district and to prosecute all appeals of suits under this Act, in the circuit courts, and courts of common pleas of his county or distnet and where there is no cily attorney, he shall prosecute all the suits under this act before tha mayor of any city. Sec 23. Every prosecution under this act bofore a justice of the peace or miyor of a city, shall be upon comphiut under oath or affirmation; and every prosecution under this act in the court of common pleas, shall be upon complaint under oath or nfTi.luvit.au J on information foun ded thereon. Stc. 30. Costs shall be nsosssd in tho proceedings under this Act um in oilier criminal cases, except when oti.erwis-a

provided; but in all casfs of conviction a docket fee of five dollars shall be taxed in favor of the attorney who prosecutes such case; and, in the. abseuce of tho proper prosecuting cttorney, th court trying such cause is authorized to appoint an attorney to prosecute such complaint In case of final conviction in any appellate court, the accused pirty shall pay all costs, including docket fees, which may have been nssessej against him ia the inferior court or courts. Sec. 31. If any person claiming any interest in any spirituous or intoxicating liquors seized as a nuisance, and having knowledge or notice as required by this act, if the seizure, shall not assert his claim upon the trial, he shall be deemed to have waived his claim, and shall not afterwards assort any right thereto whatever; or any claim for damages, Judgement of forfeiture against any spirituous or intoxicating liquor under the provison of this act, shall operate as a judgement in rem, and the validity of such judgement shall not be contested or questioned in any action in any courijoy any person except by appeal of the cause in which the judgement or forfeiture is declared; nnd no court shall take jurisdiction of rtny action or replevin, or any other action.to try the validity of the proceedings in which the forfeiture is declareJ.except a? herein provided. Sec. 32 Any person feeling agrieved by any judgment of tha mayor f a city, or justice of the peace, may appeal within thirty day?, to the court of common pleaa or circuit court of th county, but th appellant shall, before the appeal is granted, enter into a recognizance before tho justice or mayor, with approved security, in the final sum of twice the amount of the judgement and crstd conditioned that the appellant will personally appear in the appellant court, and pay ths judge ment and casts that may be rendered agaiast him, and abide the order of tho court, and not depart without Uave. Seb. 33. When an appeal is taken, th magistrate shall forthwith rnak out a fair transcript of th proceedings, and file il, with all the papers ia th cau6o, and tho appejlant curt shall try th cause, with or without a jury, and render a judgemen I, aud enforce it according oth provisians of this Act. Sec 34. Whnevr any spirituous or intoxicating liquors is seized as a nuisance under any provision of this Act, the officer seizing it ahall keep tha sam safely it. some eeur placo until final judgement; nnd if judgement of forfeiture be given against such liquor, or any part ef it, be shall deposit such liquor with tho county agent, duly appointed to sell intoxicating liquor, for safe keeping; and if o appeal is takea within thirty days, the officer aball return tho receipt for safe keeping, and take nnd destroy the liquor under th order of tbe court try inj the cause. But if an appeal is taken, th officar shall return his orders to the prpr court, endorsed that h had deliAred the liquor ae seized, to th county agent for safe keeping, and tho county agent ahall tuep such liquor, subject to the order of the appellate caurt. - Whenvr judge ment is riven against th Slat upon th seizure of auch liquor as a nuisance, th at torney proseciting the. action, er the District attorney , may cause th action to he takea to the appellate court upon appeal, at any tim within three days, with out aay bond being filed on tho part of the State. And the officar seizing the liquor ahall net return it to the place of seizure until the expiration of the three days; and upon an appeal being taken on

lk part of th Stale, he shall deposit the liquor seized with the county ag.nt for .safe keeping, and make his rturn aacor. diugly. Sec. 35. No dfsct in any bad, er writing, or recognizance, with security required by this act, shall, in any mannet invalidate the sam; but the penen oi. cuting it ahall be bcuad tothe full extent of tn law requiring the bond writing, or recognizanc. Sec 36. Every parson who his beit authorized te manufacture spirituous aud intoxicating liquor, and given bond wiih suretie therefor, and every prsn who has been appointed an agent to purchase and aell spirituous and intoxicating liqaers an1 has givn bond and security iherafjr; a required by law, may b proaecuted tu th circuit court.'or court ofcommü pllt with his surety upon his bond. for a breach of the condition thereof and may b prosecuted in a criminal proceeding for a vialation of tho law at tho same time, and if ho ia found guilty, and fined for a violation of th law, and th penalty f his hand ehall b declared forfeited for th sam vielotien of th law, ar,y p.ymeat mad upon the fine imposed in the cruwinal casa shall be credited upon the Judgement reu lerod upo.'i tbe b'-nJ. Sec 37. It sh-ill Hot be necesiary in any c-npliint. alfiiavii, , irif,;,nuioa, under the provision of this act to alleco that tho offense charged wig a second third or any ajbssquenl offni by tfu ac eased person it shall appear in the evidenco upon the trial, that the person accused has been before convicted f tho sam offense with which he stands cker. i. th mayor, justice, or court shall , ender judgment accordingly. Sec 33. In th construction of this act, words imponi ih- sio-ul,, number only may also bs applied to tha p!Jr4j üf persons or things; and words irapon.p th masculine gender only msy ba extended to females alo Sec 2d. All acts and parts f acts incousiitent with the provisions of .hi act are hereby repealad; bjt ajcfi repeal of any former et ahall not affsct any suit, proceeding or prosecution commenced end prosecuted uader tha same; and all sscfi

suifi, proceedings and prosecutions vow pending sW.l be prosecuted ;e f,nk'; yjjg. mnt and execution in the sa ne minnr as if such laws ere not repealed. Sic. 43. Th te--7 magistrate asuael in this act, iacludes justicos of the pate, mayors, of cities and ju lea of th couru of commsn pleat during th sittings of said court. Sec 41. No spiritnauior ir.toziÄiiin üquer .-?i.nil be t,iy..u a'fay, or kiti with intern t he given iway, i aur tavern, bearding hou-, pubhoeaiin rv:aa. grocery, cytter siiop, terr . barrnttn, ccafe:., tienary, or ether pl-j ef yuVAa entertain, men?, er In luj timtr. rnus-um, er eher p!ace of public reaort; any starbrt nr tihsr crafi carrying passengers; an 1 fer nay violation of thii -ction. tho par. son ofTon-iing shall be fined to th me extent as fr sslling such liquoxs contrary to this act. Sec 42. This act shall tain affe-t and b ti for? fr?.n and after the twa.f.h diy of in ioxt; en the Secretary of State shall cause one thousand copies thtrtof to be printed in pamphlat form, re s )oa as practicable, and transmit three ciei of tho same to tho cl:rk of each of lh circuit court of thivStnte, who shall file the same in hia oflice;and said clerk shall immeaiaisly upon his reception of u .h ceiea. forward a certificate, ujr tho seal of such court, to the Secretary of State, and a like certificate tothe Gvvar. nor, of the time of the'Glingof iVis act in his office; and when such cenifinte hai beon received from all ihe cvjaiie In this State, the Governor ehall publish hi proclamation stating such fact, which shall be received in evidance in all cojria in this stale, of the fact of such filing, Fannt Fern Da ocerbeotyfed. She is full forty, is Fanny. Sports curls tike a girl of seventeen. They are auburnpoetically so. Has a keen, fashing eye. Nse between Qrecian and Roman, rather thin and good looking. Cheek with a good deal quite too much colorlng. Comes of roue. Bad taste, but no business ef ours. Lips well famed, and indicative ef firmness rather than of sugar. Chia handsomely chilled. Whole counteniac betokens a woman of spirit, aad high nature generally. Fo.ra fine. Chest a. model nt surpassed. Carriage graceful and stately. Rather tall and emphatically genteel. Pretty feot -ankle to match. Hand smalllikes lo shew it. Draisig in th cnt-and-dasK school. Fend of ribbons, laces, millinery, &c, cutting and lawful. Proui as Lueifer. Fond of fun. Hate most of her relations. Treats her father and Nat, almst Irulally. Has three as putty girls ns 4vr wore ourls. Is proul of thm, an i jutl'y. Is heartless. Is a flirt, Li- in clover. Is worth $2,3.080. Get il by pen and ink. When passing th straots tikes eight eyes out often. On the whole wonderfal woman is Fanuy. tfoaion Dispatcl. Iflatrimony. Marriage is the mother of;he world, and preserves kingdoms, and fill cities, and churches, and Heavta itself. An unmarried man, like a fly in th heart of aa appl, dwells in a pcrptual wotnss. but dwells alone, and is confined and dies in singularity. But marriage, like the useful tee. builds a house, and gathers sweru nesi from every flower, and labors aad uniles into societies and Republics, and seeds out colonies, and feeds the world with delicacies, and exercises rmy virtues, and promotes the iatriil of rntal:i ari4 is that täte of good thing to wM-h God ha;h designed the eoi stitatitn of ths , world. .

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