Weekly Reveille, Volume 37, Number 35, Vevay, Switzerland County, 21 February 1855 — Page 2

Whereas, The above bound i principal, has been authorized by the county commissionera of the county of, 1. to manufacture spirituous and in-1 toxicaling liquors in — — toWnship, i hi county, for the period of one' year from this date. New, therefore, the 1 above obligation is conditioned that the; E nid will not at any time during 1 the next year following, to ohy manner; or degree violate the provisions of any, law of this Htatc touching the in ami lac-, lino or sale of spirituous or intoxicating; liquor. Upon the observance of the fore-! going conditions, this obligation shall ho void, else to remain in full force, t Approval, &c.

his sureties shall he liaise on the bpnd of such agent, for all damages sustained by tto 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 purchase and sell spirituous or intoxicating liquor as ftforisaid, 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, hor 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.lndiaiia touching the sale of spirituous licpior. Upon the breach of tlie condition of slid* bond, the auditor shall cause the same to be pill 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 brokeii, the court shall render judgment against the defendants for the penally of the bond and costa.'

Sec. u. Ulic county commissioners, at 1 any meeting of their board, may appoint j some suitable person or persons, as agent or agents of the county, for the purchase i I of pare and unadulterated spirituous and ; intoxicating liquor, and for the sale thereof within such comity for medicinal, chemical and mechanical uses only, and 1 : pure n ine for sacramental use; nud the 1 commissioners may remove any such agent 1 at pleas«e; and if necessary, appoint another in his stead, Not more than two such agents shall be appointed in any one township unless the township contain over ten thousand inhabitant},; in which case the commissioners may appoint two agents for each ten thousand inhabitants, and one for each five thousand over such ten thousdttd inhabitants No inn keeper, or keeper of a public eating house, hoarding house, grocery, oyster shop, fpiit store, bar room, confectionary, or other place of public entertainment; or the keeper of, or interested in, any then; trc, museum, or other place of public resort; or the captain, commander, agent, clerk, or servant of, or on ahy vessel, boat, or water craft of any kind, shall be appointed such agent. Every agent shall hold his ollicc one year unless sooner removed; he shall sell such liquor only in one place, to he designated by the com missiouers; and on the purchase and sale of such liquor, lie shall conform \o the rule* prescribed by tbc comiuissionoiP, not Inconsistent with the provisions of this act. He shall keep an account M all his purchases and sales, the date, quantity, kind, and price of the liquor, and the name of the person of whom purchased, ourt the date, quantity, price, kind of liquor, of each sale, and the name of the purchaser, and the use intended, ns stated by the purchaser. Such account shall‘be kept in fair legible writing, in a book procured for that purOf . i it

TheTkufeiumce Law. —In this paper will be found the Prohibitory Liquor Law, as it passed,both branches of the Indiana Legislature, and received of Governor Wwoet; It goes into effect on the I2ih doy of June ncit.

- The length of this document has crowded oat; nearly all our editorial matter, together with a communication from “Census," and other articles intended for this issue.

The FrohlbUOff bltliior haw* An Act lo Prohillt'the Manvfadun and Sale of: Spirituous Liquors, except in the eases therein named, and to repeal alt former Acts' inconsistent therewith, and for tht Suppression of intemperance . Bec. 1. Be it enacted hy the General Assembly of the State of Indiana, That ho person shall manufacture, keep for sale, orsell, by himself or agen t, directly or indireclly/any spiritnonsor intoxicating liquor, except as horciuafUr provided. Ale, porter, malt beer, lager beer, cider, all wines, and fermented liquor which will produce intoxication, and all mixed Hqaor, of which part is spirituous or intoxicating liquor, are included in the term tntoxioatiny liyvor, and are within the meaning of this act. . ' Sec. 2. No provision in this act shall be construed, to forbid tho making of cider' frbm apples, or wino from g.apes, currants, or other fruit, grown and gathered in the Stale by the manufacturer, or the sale thereof hy him; but such manufacturer, or other person on his behalf, shall hot Bell less than three gallons at any one sale, or to any one person; and all sold at any one sale shall he taken away at the' same time. Any other manufacture or sale of cider or wine shall he unlawful, except as herein-provided.

S£C. 4. Tho 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 tho commissioners may designate, and to sell the same at snch places only, in any quantity, to tho duly authorized agents of the several counties of this State*.' Such authority shall not continue more than one year from tho date thereof, and inay at any tirao be revolted hy the commissioners. But all persons engaged in'the manufacture of such liquors at tho time of , the passage of this act, shall be entitled as a matter of right to such authority, from tho 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 he convicted of any- such violation, his authority shall cease, and shall not be renewed. Before the commissioriers grant such authority, the applicant shfll Jilo his bond with the Auditor of the county, with two good and sufficient sureties, to be approved by the commissioners, on a penalty of not less than one thousand dollars, nor more than six thousand dollars, payable to the State of Indiana, conditioned that the applicant will not, in any manner or degree, violate tho provisions of any law of this State'toadiing the manufacture or sale of spirituous. or intoxicating liquor. The Auditor of tho county shall cause such bond to be put in suit, upon a breach of the condition thereof, in tho Circuit Court or Court of Common Pleas of the county: and if upon trial, the finding of tho Court or verdict of the jury, shall be that the condition of the bond has been broken as charg’d, the Court shall render judgment for the penalty of tnc bond, and declare the authority of the applicant to manufacture and sell spirituous and intoxicating liquor, to be void from and after tho first violation of said condition. And every act of the applicant in selling any spirituous or intoxicating liquor to any person other than a duly*authorized county agent, (jhall subject the applicant to prosecution in the same manner as if he had no authority from the commissioners to manufacture or sell. Tho county commissioners shall not grant to any person authority to manufacture or sell any spirituous or intoxicating liquor, who has been found guilty of violating any provisions of this act touching tho sale or manufacture of spirituous or intoxicating liquors.

BOND OF MANUFACTURER. Know all men, that we, ■ principal, and wc, sureties, are held and firmly bound nnlo the State of Indiana, in the penal' snm of — dollars, for the payment whereof well and truly to Lc,made and done, we bind ourselves joint]/ and severally, firmly by these presents, dated this - day of—■ —, A. D,

pose; anti shall, at nil times, ho open for public inspection. He shall exhibit his book of entries to the county commissioners whenever required by them at any of their meetings; ami he shall report to them mulcr oath, every three months, the prices, quantity, ami kimls of liquor of' his purchases ami sales; ami in his report he shall specify the number of sales, and the intended use of each sale os 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 os the commissioners shall prescribe. He 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 hell such 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. ( ( Sue. G. Any person, authorized ns in the last-section provided, shall not sell any liquor to be used on the premises where the same is sold* but be may sell tn the following cases, and no other; First. To any person of tho age of 21 years living, of good character for sobriety, and on inhabitant of the county in which such liquor is sold, or of a township or city adjoining said county, provided the person scllmg the same shall have good reason to believe, tliat the same is Intended by the purchaser to be used for some one of the purposes in the preceding section named, mid not to bo 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 pro- [ i vided.

Sec. 7. The county commissioners of j 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 li- j quor; or the commissioners may agree! with the agent to furnish (he liquor nee- j cssary for the business of his agency, ntj his own expense; thd commissioners pay- [ ing such agent legal interest upon the ( money invested, in addition to his compensation. Ko agent shall bo re-appoin- j ted until he has made full sclllenieiii i with tho county commisiioncrs at the' close of his agency, nhd accounted for all, money and profits in his hands, belonging I to the county; nor until ho lms paid overj all such sums of money, if required hy the commissioners, as they shall direct, after deducting the interest due him, ami the compensation allowed by the coni mis*,

Skc, 9. Every person who shall hlMiufaclure any spirituous or .intoxicating liquor in this Slate, in violation of law, shall bedeetned to be guilty, of a misdemeanor, ami upon conviction thereof, shall bn final in any sum not less than twenty dollars, nor more than fifty dollars, for the first ofTensn; nor less than fifty dollars, nor more thrttl ontl hundred dollars, for the second oflehse} and one hundred dollars for any subsequent offense, and be imprisoned in thecounly jail thirty days for each oUcrise after the first conviction; and, in’ nil eases, until the line and costs arc paid or replevied. Skc. 10. Every person .who shall, ill 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, eras an inducement to purchase any article of value, any spirituous or intoxicating' liquor, shall be doemal guilty of n misdemeanor, and upon conviction thereof, for the first offense, shall be final in any sum not less than twenty dollars, nor more than fifty dollars; and for the second offense, not less than fifty dollars, itor more than one hundred dollars; and, for each subsequent offense, after the first conviction, shall be imprisoned in the county jail thirty days, and, in all eases until the fine-and costa are paid or replevied ;.bnt, if such sale, be made to a rnmbr, the filuTshall not be less than fifty’dollars in nhy ease.

11. Allclorhs, agents nmr 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 some penalties, and be prosecuted against and charged in the same manner ns principals, and may be coavicteil whether the principal is convicted or not. Skc. 12. Any person who shall purchase any spirituous or intoxicating liquor of any person unauthorized hy 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 pc; sou I shall apply any such liquor to on illegal ! use, such person shall he deemed to be ! guilty of a misdemeanor and, upon con* [ viction thereof, shall be fined in the sum of ten dollars, and imprisoned until the I fmc and are paid or replevied, | Sue. 13. Xo person shall own or keep I any spirituous or intoxicating liquor | with intent to sell the same in violation of j the law, or permit the same to bo sold la | violation of the law; ami ever)' person i who shall own, or keep such liquor with ■ any such intent, shall be deemed to be 1 guilty of a misdemeanor; and upon conj viction thereof, for the first offense, shall j be fined in any sum not less than twenty ' dollars, nor more than fifty dollars; and 1 for the second offense, shall be fined in any sum not less than fifty dollars, nor j more than one hundred dollars; and for j each subsequent o flea sc, one hundred dob, Jars; and for each offense after the first j conviction, he shall he imprisoned thirty ‘days; and in all eases, until the fine and 5 costs arc paid or replevied. Upon the trial of every complaint, charging the dc- ' fendnnt with owning, rolling or keeping for sale spirituous or intoxicating liquors,) | \n violation of law, proof of the finding j of the liquor, specified in the complaint,! in possession of the accused, in any place, 'except hts private dwelling-house or. its ! dependencies, (or in such dwelling-house and its dependencies, if the same bo a : tavern, public eating house, grocery, or " otherplace of public resort,) shall be re- '■ ceived and acted on by the court, as pic- j 1 sump live evidence that such liquor was | kept for sale contrary to the provisions (of law.

Seo. 14. All spirituous or intoxicating liquor, intended by the ovvnor or keeper thereof to bo sold in violation of law, and the vessel containing the same, shall bo deemed to be a nuisance, and shall bo forfeited and disposed of as hereinafter [ provided. i Sec, 15. It any, three persons of good 1 moral character, resident* of the county, j shall file their verified complaint or afti*[

davit With any mayor or. Justice of the | peace of the county, that any spirituous j or intoxicating liquor is owned or kept 1 in said county, in any place therein, par- ,■ licularly describing the premises, by any j person* whose nalne shall be slated, if f 1 known to the deponents, and if the name i 1 is unknown, it shall be so stated in the! 1 complaint, and is intended lb be sold in I< violation of law, as the depbriertts haVcl 1 reason to believe, and verily do believe* j 1 the justice of the peace or mayor shall is* ' sue his warrant directed to tho sheriff bf the county, or to any constable of the 1 county, or marshal of the city, reciting 1 the material part of said complaint, anti directing the officer to search thoroughly the said place, to seize the liquor with the vessels containing it, and to keep the 1 fame securely until final action is had thereon; whereupon the officer to whom the warrant may bo delivered, shall execute the command of the warrant forthwith) ns far as he can, and make return of his Ublngs to the officer issuing such writ; and shall securely keep all liquors so seized by him,, if any) Mid tho vessels containing It) until final action is had thereon-. But no warrant shall bo issued under this ‘Act io search any dwelling house, in 'which, t)r part of which, no tavern, store, ‘grocery, business office, shop, boarding or victualing house, or public room cf any kind, is kept, unless the occupant thereof. shall have been convicted, as herein provided, of having sold intoxicating liquor In his. dwelling house, , or suffering it to bedohe, within six months next preceding tho isstie thercbfi

Sue. 16, ‘Whenever it shall appear to such jusliie or .mayor, by the return of the offirer serving the warrant, , that any spirituous or .intoxicating liquor 1ms been seized by the officer, (he justice or mayor shall forthwith) after the return, issue a notice /to all: persons concerned iti the seizure* and a summon commanding the person so keeping or owning the liquors seized as aforesaid, to appear before him at his office, nt a f irao to be sjk?cifial, not less than three; nor more than twenty days from the ’service thereof; to sliow cause, 1 if any he has, why such liquor so seized as aforesaid, with the vessels sontaining it, should mltbO forfeited and the liquor destroyed; and the officer to whom the summons shall be directed shall serve the same forthwith, by reading t o (he person named therein, or by. leaving a copy itliereof lit his place of-rest-1 donee, if ho reside in the counly, and; by; posting it copy df the. tidildl ih sdme cOh- 1 spicnous place on tlto premises whenJ the I iquur- was’ seized. 1 f ■ the name of the | person keeping said: liquor shall bo un-! known to the justice, ho shall issue 1 ano-! ticc only of the seizure of such liquor, fa; all. persbus concpraal. a copy of which | shall bo posted hp by the oftiCcr. serving the same, in/some ronspicnons place on the premises where the liquor was sCiztfdj not less than twenty days before the day set for t ami/

Src.17. At the time and place selfotlHdf, < Hie person r accused, and any other prison j claiming an interest in lhe liquor seized, may I appear as.defendant and ahow cause, if ally 1 he has, wh’y the liquor ’seized ahould -not be i forfeited. - No pleading; ahnll Ve. required by 1 the defendant, but a denial of the charges in ; the. complaint, and under such plea' the de- ■ fendanl may give In evidence all matters of ; defense. Either parly may demand a Juiy of any number itot.cxcecdine-pa'idve, men, : or the'cause may be tried-by the justice’.or the mayor wherq-no jury. is .demanded. If 1 the jury, oVJuhice.'.or mayor trying (he cause, find that thd tlqtIor,'Qr any pari of it, was kept for the purpose; of sale,. in Violation of law, the justice or mayor may enter Jtitlgmenl (hat the liquor so seized ns aforesaid, or eorahch thereof as was kcpl fer slich purpose, and the vessels containing it am f> nuisance, ind that the same b«i forfeUedf/and.that s’ach,liquor be destroyed. If Ho petsoii appeal at- the trial, alter the notice has beim posted up, ahd the summons; if one has been issubdj flnd has been served as above provided, the cause shall, in Iike : manner, be tried by a jury, or the justice or mayor, and if it be found that the liquor seized, or, any part thereof, was kepi for sale in violation of law, a like judgment shall be tendered os above provided. Skc. 18. Whenever judgment is rendered that the liquor so seized os aforesaid, is forfeited, the justice, or mayor) ©! tobtl tendering final judgment of fotfelinfc, shall issue an ofder to the proper officer, directing him to' destroy said liqnor, and to sell the vessels containing it, as other properly is sold on execution, without appraisement; ond the proceed* , of such sale shall be applied to the payment of the costs of the proceedings in the case. The oflcer shall execute such order and return it as requited by this act, with his doings endorsedthereon.

Sec. 19. Whenever it is decided that the li* i quor so seized is not Jiable to forfeiture, the , justice, mayor, or court trying the cause shall issue nn older to the proper officer to restore , the said liquor, with the vessels containing it, to the place where it was seized. .The proper | ufficer shall, at the expiration of three days, , i evaeute the order and make return thereof I with his proceedings endorsed, thereon, if no ! appeal is taken by the Stale. See. 20. Every device or contrivance made use of to deal out or sell intoxicating liquor io customers, and atihe same time id conceal or disguise (he person selling or dealing out such liquor, with intent to pre- ; i vent the purchaser from identifying the per- { son selling or dealing out such liquor, is | ! hereby declared to be a nuisance, and every mayor of the ciiy, justice of the peace, or court of common pleas may, upon complaint being made under oath, cause notice to be given w the owner or tenant of the plane where such device or contrivance is used, and, after three days’ nonce try the Mause, and if the mayor, justice, court of ■jury trying lha cause find that aoch nuisance exists, such justice, mayor or court shall order the proper officer to execute such order forthwith, and return it with his doing endorsed thereon. . " - t t ir *

Sec. 21, Every person who shall resort to any such device or contrivance spend* cd to the next preceding section lor the purposes therein spt c;fied, shall be deemed to be guilty of a misdemeanor, and, upon j conviction thereof, shall be fined in any sum not less than fifty dollars nor mote

than two hundred dollars, and impriapnei! ; in the coumy jul not less than tldriy day*, ; ffor nude than ninety days, and until the • i fines vnd costs ate paid or replevied. ' j Sec. 22. be the duly of every i alien If, deputy shcriti, cons table, or police-.; man, to arrest any person whom he shsll ' | see actually engaged in any violation of this ! Act, and lu seize all liquor kept in viola- | ittln thereof, at, time and place of the com- ( ! mission of such offense, together with the; vessels confining the same; and to forth- b with lake Audi person before any magistrate of the eouhiy, to be dealt with according to law; and to store su'd) liquor andj vessels so seized, in smae safe and conven- j lent place to be disposed of as in ibis Act | provided. It shall be the duty i f every offi- f cer 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 the duty of every officer, whenever he shall see any intoxicated prison in any public place, or disturbing tbe public peace and quiet, to apprehend such person and take him before some magistrate; and if such magistrate shall deem him too much intoxicated to be examined, or to answer, upon oatb. correctly, he shall direct such officer to* keep such intoxicated person in some safe convenient place, to be designated by such magistrate) until he shall become sober; am), thereupon, forthwith.to bring hint be fore such magistrate; and sttt-h magistrate shall then administer to such person an oath or affirmation and examine hirti for the purpose of ascertaining whether any ' offense has .been committed against any provision of.this Act by any other person: and it such witness.shall refuse to answer any question propounded by such magistrate, touching such offi-nse He shall be : imprisoned lit the county Jail nttul he consents to answer,, if such witness shall ■ disclose ahy violation of ibis Aci. ihe magistrale; shall' reduce such examination to writing, in ihe form of a Complaint against the;person so offending, which said witi ness shall under the f.e.uliy aforesaid, ahd verify the same by his oath or affirm* atiom • ' '

Sec. 2tk. If ntty person shalVmix drugs with nuy spirituous or intoxicating liqudrj 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; niid upon conviction thereof, lie shall.be Ifilldd in any shin net less thaji IvVdhfy-fivc 'dollars, nor more than two hundred dollars, and be imprisoned in the counly jail | thirty days; ami until the fine ami. costs are paid or replevied.: Hid possesion of 'such drugged liqncr, with thd. tisIthl ves!scls and furniture fdr selling %utJr, shall be ’presumptive evidence that such drugged liquor was kept for the purpose of illegal sale: /.. : , • ; ; ■ See. 24. .No iwredU Wlio the time, bo an habitual drinker of intoxicating liquor, br who shall have bctli engaged in the unlawful manufacture or sate Of intoxicating liquor, or? who shall have kept any intoxicating liquor for sale, shall, within one year thereafter, be a competent juror in the trial of any pron*culioh under the-laws, touching the uiijowful manufacture, sale, or keeping for calc of any. Spirituous or intoxicating liquors. Any person summoned as a juror may be inquired of, under oath; ns .to his! competencyVrdatiyc. to the mailers specified in this section; and the person inquired of shall’ make full and true answers, but Ids answers shall not be used against .him in any prosecution for the same matter; or, lie inavv decline,’ to answer, in which ease he may be set, •aside, ns incompetent. ./ * , •

p Scc, : ;cbntracl5i'Mbte5; : bills; bonds] detds, ahd mortghges mitule irt considcriition of the illegal . side Jof intoxicating liquor] shall; bo^ absolutely, ytjhh and ■ nil cdntroctsj 7 notes,., bids,; bonds, deeds, and mortgages'ihad3 in part ctmsiddrnlionof the illegal sale of liqudr;' shall "bo void so far as the illegal consideration -is concerned; - All money, ami cvery arlide of value of.every kind, or the value thereof, • paidMr ; lmnsfcrml for the illcgnlsale of intoxicating , liquor,' may be recovered by the pereph paying'or transferring the same. ; -See; 20. Nothing contained in this Act shall ho bo construed as to-prohibit the manufacture or keeping for sale of burning fluids *of any kind, perfumery, osspn 1 cos* or cHcnncalgj dyes, paints, varnishes, cosraeliis] solutions of medicinal drags, medicinal compounds, or any. other article which may. he composol in part of alco-. hoi, or any other spirituous. liquors, if not adapted to use os a beveragej Provided, Aotrewr, Uiat if such ariicli is capable of being used or is intended tb be used as a beverage, or in evasion ofsaid Act, the manufacture or keeping for sale, or sale thereof* shall, bo deemed a vi datum of this Act. , * ;

Sec. 27. It shall be the doty of the city, attorney to prosecute all suits under this | Act, which may bo brought before the j mayor of any city; and it shall be the dn- j ly of the district attorney, by himself, or j by deputy, to prosecute all suits under j this Act winch may be brought before a j justice of the pence, or before the court of j common picas of the county or district, ] and to prosecute all appeal of suits under j this Act, in the-circuit courts and courts i of common pleas ofhis county or district; and where there is no city attorney, he shall prosecute all the suits under this Act before the mayor of any city. Sec. 28. Courts of common plena; justices of the peace, and mayors of cities shall have original concurrent jurisdiction of all offenses against this Act. The jn- . . . t n 1 * I.'aaH Stf 4 Vi a

risdiction of mayors and justices of the peace shall extend throughout the county. 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 j thereon. 1 See. 30. Costs shall be assessed in the proceedings under this act os in other 'criminal cases, except when otherwise'

ftUbmcy. Ui .' sQ ;j authorize loV, c • ,:fto prosecute such cl 0TI ' < '- | .. of final conviction in\nT~h r poll ate court, the accused parly shall pay all costs, including docket fees, winch may havo keen assesI sod against him in the inferior court or courts.

I Sec. 31. If any person claiming any iiUertst in any spirituous or intoxicating liquOr seized as a nuisance, and having | knowledge or notice as required by (his 1 act, of the seizure, shall not assert hisj'elaira upon the trial, he shall bo. doomed ' to have waived his claim, and shall not afterwards assert any right thereto whatever, or any claim for damages. Judgment of forfeiture against any spirituous or intoxicating liquor under the provisions of this net, shall operate as a judgment in tern. and the- validity faf such judgment shall not be contested or qncs : lioned in any action in any court by any person, except by appeal of the cause hi which the judgment of forfeitures is do : dared; ami no court shall take jurisdic 1 . tion of any action of replevin, or any other action, to try the validity of the proceeding in which the forfeiture is declared ex#?pt ns herein provided.

Hoc. 32. Any person feeling aggrieved by any judgment of the mayor of a city; or justice of the peace, may appeal with--in thirty days, to the court of com moil pleas or circuit court of the county; but the appcallant shall, before theappeal is granted, enter into a recognizance bofon! the juslicil or mayor, with approved security, in the final suiir of twice the amount of the judgment and costs, conditioned llijtt the appellant will personally appear in the appellate court; ami par. the judgr bient and costs that may lc -rendered Against him, and abide the order of the court, find hot to depart ■without' leave. See. 33:' When an appeal is taken the Magistrate shall forthwith make out a fair transcript of . the proceedings, a ml, fife ti, witil all the papers in the Vau5w; and tin* appellate court shall try the cause, with . or without a jury, and render judgment, mid enforce it according id the provisions of this act. . .. . it:. ' .. . : ' . .

See. Jt4; ■ AVWtleWrqqiiritudus or intoxicating liquor is seized* ns a nui»aiw. under any pro visions , tu litis net, the officer .seizing it shall keep the samil safely in some secnr3 place nihil final-judgment; and if judgment offorfdture bo given against such liq u or K tl r any partef it,.he shall deposit such- ilqnbr with the comity agent, ifuly appointed to sell intoxicating liquor;Tor sate keeping, and lake Ins receipt therefore for safe keeping; and if no appeal is taken within thirty days, the officer shall retnrll the icccipt for safe keeping, and take and destroy the liquor,-un-der the order ol the court trying the can < *‘. Itnt if air appeal is taken, the ('fitter shall rctnnt his order to the proper coin I, endorsed that he had delivered (lie liquor so seized to the county agent for safe keeping, did the county agent shall keep such liqiiOrt subject to the order of the apjic!latc court; .AVhcndVcr judgment is given rtgaimt tin State upon the seizure of Mich liquor as a nuisance, the attorney prosecuting the action, or the districfattunicy may, cause the action to bo taken to the appl'lhtli court upon api>eal;.nt any lime irithih three days, without any bond !«-. ing tiled on the part of the Stale. ■ And the ofliftr scizilig thd liquor shall not return it ttf the place-Of t-bizuro until the expiration of three dais; anduponnn.appeal being taken oh the part of the Slate, he shall,deposit the liquor with the cOim(j* agent for.safe keeping, and' make; Jus return accord ihgly; - Whenever final judgment is rendered against the Slate in shell cause; that the liquor’ie seized 1 is not- a nuisance; ahd net subject to forfeiture, the county shall pay the costs of tlic seizure, carriage; safe keeping; and return of theliquors, jrtiul .ihc' fees of the officers, jtirqts, and-Witnesses in such cause; hut tlic countystallbe liable for no other cost,ln any case, cxcopt for . thc keeping of persons nhufcr arreatahd impristmed for a violation bf this act; as in other casts.

Sec. 85. :Ko defect in. any - bond* • or writing, Or itwgnijwhce, with security required hy. this act,. shall,, in any manner, invalidate .the same; but the person’cxc> cuting.il sliall bo bpund tO th<l full extent oflliO law requiring the bond; frrituig or rccoghizahco; - ' See. 30. Every person whohns been authorized to manufacture spirituous or intoxicating liquors, and given bond with, securities.therefor; and every person who has been appointed an agent to pnrcha*c and sell spirituous and intoxicating liquor,' and has given bond and security therefor* as required by law, may be prosecuted in the circuit court, orconrt of common picas, with Ms security upon the bond, for a breach of the. constitution thereof and may be prosecuted in n criminal proecedjing for a violation of the law at the same 4itue; and if he is found guilty, and fined ! for a violation of the law, and the pcnal- ’ ty of his bond shall be declared forfeited I for the same violation of (be law, any ! payment made, npon the finc imposed in jthfl criminal case shall be credited upon the judgment rendered upon the bond.

See. 37. It shall not be necessary m I any complaint, affidavit, or information, under the provisions of this act, to nllcdgc 'that the offense charged was a second, ! third, or any subsequent officnce by the accused person against the same provision of this act; hut if 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. See. 88. In the construction of this net, words importing the singular number only may also applied to the plural of persons and things; and words importing the masculine gender only may bo ' extended to females also. ! Soe. 39. All acts and parts of acts in- ! consistent with the provisions of this act ! are hereby repealed, bnt such repeal of 1 any former act sliall not effect any suit, pro* ! cccdings or pnjstcutons or prose-

sioners.—Each agent, at the close of his agency, shall deliver over all liquor which ho may, have on hand connected with his agcucy, to such other county agent as the commissioners, at any session, or the An- i ditor,. in vacation, may direct; ho shall also pay over to the treasurer of thccoun-j ly, all moneys in Ins hands belonging to the county, retaining only sufficient to! pay his compensation, and the interest on the money that may have been inves-! ted by him. When the agent whoso, agency has closed by any means whatev- ■ or, has invested Ids own money in tho ( Eurchasc of any liquor which he had on. and; ho shall be entitled to receive from. the agent to whom ho delivers such li-| quor, tlio cost price thereof, as soon ns he ( shall account fairly for all money that, may have come into his hands in courso of his- agency. Tho county com- ( roissionera shall make provision for tho ( payment of all such sums out of the, 1 county treasury or otherwise. If such ! agent fail or refuse to perform any duty] required of him in this section, he and

% jNftlg IfMlk IS j. \vibb6, PublUhVr and Proprietor. office, oi the conn of *as *>■ retie metn, out uttdio'* tuwut rrote. terms si PER annum. ' 33T sTnicTi.y ix auvasce. Ifo name entered until the money 1* p*ld. No piper oent after the lime for which payment hti berh raAdc. VKVAY. INDIANA; Wednesday, t » t » February 21, 1833.

Sbc. 3. No provision of this act shall bd construed to forbid the sale, by any importer thereof, of any foreign, spirituous or intoxicating liquor imported under tho laws of the United States, and in accordance therewith? Prjvtded, 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; hut, the custom-house certificates of importation, and proofs of marks on the casks or packages ponding thereto, shall not be received as sufficient evidence that tho liquors contained in said casks nr packages are those actually imported therein. All other sales of spirituous or intoxicating liquors made by any importer, ns such, shall be deemed to tn unlawful.

noND or a on nt to nKT.ur.t I Know all men that we,— > ns principal, and wc, its surorics, are held ami firmly bound unto the .Slate of Indiana, in the penal sum of-—■ dollars, to the payment of which wc bind ourselves, jointly and severally, firmly, by these Bated this - (14y of — 1 — A. l)i "Whereas, tho couldy commissioners of the county of— —■ have appointed the above named-— : Agent, (oragents^. lo purchase and sell spirituous and intoxicating liquor in. — township. -——- county,—Xow tho- above obligation is conditioned that tho said agent (oragenfs) shall, in all respects* conform to the provisions of the law in relation to his (or their) agency, and the laws of the Plate 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. . ‘