AN ACT FOR THE SUPPEESSIOI OF IITEMPERANC.B, AND TO AMEND CHAPTER XXX, OF THE REVISED STATUTES.. APPROVED FEBRUARY 12, 1855. SPRINGFIELD : j||:,ANPHIER & WALKEIl, PRINTERS. 1855. • AN ACT FOR THE SUPPRESSION OF INTEMPERANCE, AND TO AMEND CirAPTKR XXX OF THE REn^ED STATUTES. Section 1. Be it enacted by the people of the state saie of intoxica- . I J--! ' f t I rr^ tins liquurs piv- liliiiois, representee/ in tlie u-eneral *Ji.ssembl!j^ That no hu.iteii. person shali, at any time or place, within this state, manu- facture or sell,, or sliall, at any store, grocery, ta\'ern or place of trade, entertainment or public resort, or railroad or canal, or in any of the appurtenances or dependencies of any such place, give away, contrary to the provisions of this act, by iii nself, his servant or agent, directly or indi- rectly, any spiritous or intoxicating liquor, or any mixed liquor, of wliich a part is spiritous or intoxicating, except as hereinafter provided; and ale, porter, l iger beer, cider, and ail wines, are included among intoxicating liquors with- in the meaning of this act. . - § 2. Nothing coiitaiued in this act shall be construed Not to extend tn to forbid the making of cider from apples, or wine from mtniiSimiu- grapes, currants or ot!iier fruit grown or gathered by tiie '''^'«*ate. manufacturer, in this state, or the selling of such cider or wine, in quantities not less than one gallon, if made in tliis ' state, by the maker thereof; nor shali anything herein pro- l^iibit the brewing of ale, porter or lager beer, if manufjc- §:ured in this states and exj»orted and sold in not less quan- /Hities tiian t'lirty gallons, without the limits of tlie same; j:jand the ptu'son or persons manufacturing or selling such ,j^le, porter or lager beer shail have first given bond as re- -quired by the tiiird section of tfiis act of persons engaged ^in the manufacture of alcohol or high wines ; and any other manufacture or sale of such wine, cider, ale, porter or la- ger beer siiall be deemed an unlawful [sale] within the meaning of this act. ,6 3. iNothing in tliis act shall be construed to forbid Not to extend t ^ , , ; . , ^ t I •;d ta raanu the said liquor, at tlie time of sale by said importer, re- mains in the original casks or packages in whicii it was by him imported, and in quantities in widcli the laws of the Uiiited States require such liquor to be imported, and is sold by him in said casks or packages, and in said quanti- ties only ; and tise custom iiouse certilicate of importation, and proof of marks on the casks or packages in which such liquor is contauied, corresponding thereto, shall not be re- ceived as evidence that tlie liquor contained in buch pack- ages is tiiat actually imported therein: Provided, tliat no- thing in this act contained shall be construed lo prevent the manufacture of alcohol and higii wines, if not i^dapted to use as a beverage, provided tiie same ue exported out of this state in (juantilies not less tlian Uurty gallons. No license shall be required to manufacture sucii liquor for exportation and sale as aforesaid, but such manufacturer shall oe required to give bond, as provided in case of other mai'Uifaeturers, so far" as applicable. § 4. The county court of any county, or in counties iiaving township organization, t!ie board of supervisors may, by certificates .signed by' two-thirds of the juages, or by two- thirds of the boards of supervisors, give all persons who shail, in wi'iting, a])p!y to them therefor, autli'ority to manufacture, at sucii places only wilhin said county as said court or board of supervisors shall, in said certificate, des- igijdte, spiritous or intoxicating liquors, and to sell tiie same iii tiiose places only, to duly autiiorized agents of cities, towns and counties in this state ; but such authority shall not continue, in any case, longer than one year from the date of the certilicate in that case given, and may be at any time revoked by said court or board of supervisors; ucenserecinct containing less than two thousand inhabitants, and not more than two in atiy in- corporated town, city, townsliip or precinct containing less tlian ten thousand inhabitants, and not more than three such agents in any city, excepi the city of Chicago, and not more than five such assents shall be in ofiice at the same time in the said city of Chicago. The county coui t of the coimtycotirt. counties which have not adopted the town.sliip organization, at any regular meeting of the court for the transaction of county business may, in their dir^cretion, upon tlse petition of a majority of the legal voters of any precinct, not being an incorporated town or city of the state, or in the limits thereof, appoint one such agent for said precinct. No inn- keeper, or keeper of a public eating liou^^e, or of a house of public entertainment, shall be appointed sucii agento Every such agent shall hold his otfice for one year, unless duties of asc^t. sooner removed ; lie shall sell such liquor oidy in the one place designated in writing by the body appointing iiim ; he shall, in the purcliase and sale of sucli liquor, conform to such rules and regulaticms as the said body appoisiting him shall prescribe, not inconsistent with the ])rov)S!osiS of this act; he shall keep an accurate accoutit of all his pur- chases and all his sales, specifying in such aecouot the kind. Ib55. quantity aiul price of the liquor bought by him, tlie date of tsach piti Ciiase made b} liiin, and the name of tlie prison of whom sucii |)urchase was made, the kind, quantity and [)rice of liquor sold by him, the date of each sale made by him, the name of Use purchaser at every such sale, and the use lor which, the liquor on every such sale was sold, as stated by the purchaser, and of all forfeited liquor by hiiri received and sold or destroyed ; which account shali be at all times 0})en to tlie inspection of the body appointing such agent, or any niemb^'r thereof ; and when required by said body, or a majoi ity of them, he siiall account with them regarding all his dealings as sucii agent, and exhibit to them aii recei{)ts, bills, books, papers of eveiy kind, relating to such dealings, or to his accounts; he shall sell such liquor at not nu)ie than twenty-live per cent, advance upon tise cost tliereof, and sliaii, when lequired by the body appointing him, pay over the jn oceeds of his sales to the treasurer of the body so appoit ting him, and he shall semi-annually, or oftenerj if required by the body so ap'pointing him, make a report, verified by his oath or affirmation, of all his }}urchases, and the costs thereofj and of his sales, and the proceeds there- of, sj)ec{f} ing tiie number of sales, the respective quantities and kinds sold for each of the purposes of sacramental, me- dicinal, chemical and mechanical uses, and tiie quantity and kind and cost of all liquors remaining on hand at the time of such meeting, and of ail forfeited liquors by him received and sold or destroyed ; v^hich report, however, shall not specify tlie names of the persons to whom his sales may ;ompenbauon. havc ijeeu made. He shall receive lor his services such fixed and stipulated compensation as said body appointing said agent shall prescribe, but the amount of said compen- sation shall not be increased by reason of an> increase or diminution of the sales of such liquor by such agent, and |]e shall not be in any way, except as one of the inhabitants of the city, town, county or precinct, interested in said liquor, or in the j)urchase or sale thereof, or in tlie profits thereon ; and no such agent shall be authorized to sell or give away any sj)iritous or intoxicating liquors, or any such liquors mixed with soda water, or any other compound, liquid, or otherwise, to be drank, taken or used as medi- cine or otlu rwise,in their sliop,stoie or })lace of business, or in any of the aj)j)urtenances or dependencies thereof; but any such sale or gi\ ing aw^ay shall sul)ject tlie said agent to the same penalties provided ior the sale or gix ing away (d" liquors contrary to the j)rovisi()i.s of this act. If 'ei.aiiy. ^'^'.V person purchasing any spiritous or in toxica* ing liquor of such agent shall intentionally make to such agent any false statement regarding tiie use to which such liquor is inten- ded by the purchaser to br applied, such j)erson so ollend- ing shall, upon con\ iction thereof, lorleit and pay a line of 7 1855. fifty dollars?, together with costs of his prosecution, to he recovered by an action of debt, before yny justice of tfie peace, or, if the otFence is committed witliin a city, police magistrate of any such city, or by indictment in the circuit court of the proper county. Every such agent shall ^jfj^tn^^^to ceive, from the oody appointing him, a certificate authori- aaeutappoit>t*jd. zing him as agent of said town, city or county, as tlie case may be, to sell at the place mentioned in such certificate, spiritous or intoxicating li(|Uors for sacramental, medici- nal, chemical and mechanical uses only; which said certi- ficate, when granted by any common council of a city, or president and trustees of a town, or county court, or hoard of supervisors, sliall be issued by the clerks of said bodies, respectively, attested by their common or corporate seal, or in case there is no such seal, then by the private seal of said clerk. Said agent shall not receive any such certifi- cate, or exercise his office, until he shall have executed and delivered to tiie body appoiriting hiin,for the use of the city, town or county appointing hito, a bond, with at least two good and sutiicient sureties, approved by said body appointing him, in a sum not less tiian six hundred doiiarSj in substance as lollows : *'Know all men that we, , as principal. Form of tooad. and , as sureties, are held and firmly bound to , in the sum of dollars, to be paid to said , to which payment we biod our= selves, our heirs and executors, and administrators, firmly by these presents. Sealed with our seals, and dated at , this day of , A. D. "The condition of this obligation is such, that whereas the above bounden has been appointed an agent for said , to sell within said and on ac- count of said 5 spiritous or intoxicating liquors, to be used for sacramental, medicinal, chemical and me» chanical purposes only, until the day of , A. D. unless he be sooner removed from his agency. Now if the said shall in all respects conform to the provisions of the law in relation to iiis agen- cy, and the laws of this state relating to the sale of spiritous or intoxicating liquors, then this obligation to be void." § 6. If any such agent siiall break the condition of such ^^^^^'^^^ bond, such bond shall be forthwith put in suit, and his said certificate and appointment shall iinmediately become void, and he shall not thereafter be peimitted to act as agent for the sale of liquors anywhere in this state; and, moreover, for any such violation shall be liable to the same penalties herein by this act provided for tlie illegal sale or giving away of liquors contrary to the provisions of tliis act. § 7. Every person who shall, in violation of this act, manufacture spiritous or iatoxicating liquor, or mixed 1855. 8 ^vSuon^of tho q"or of which a part is spiritoiis or intoxicating liquor, S^'Scr°Ti'st P^J' '^^^ ^^^^^ conviction for said offense, a fine of coHviction. one hundred dollars and the costs of prosecution, and in default of payment thereof, shall be imprisoned sixtj' days > in the common jail ; on his second conviction for said of- fense he shall pay a fine of two hundred dollars and the costs of prosecution, and in default of payment thereof he shall be imprisoned four months in the common jaii ; and on every subsequent conviction for said offense he shall pay a fine of two hundred dollars and be imprisojied four months in the commcn jail. Every prosecution under this section, if the offense is committed within the limits of any city, shall be heard and determined before the police magistrate's court, and said court shall, upon every con- viction, order that the person so convicted shall stand committed until the fine and costs are fully paid; or, if upon the first conviction, until he shall have been impris- oned sixty days, and also that he be imprisoned for the pe- riod herein provided, if upon a subsequent conviction ; or such prosecutions for offenses against the provisions of this section, when committed without the limits of a city, shall, in the first instance be brought before any justice of the peace of the proper county, who shall thereupon proceed in the same manner as provided for in tlse 203d section, of chap. XXX, of the Revised Statutes, in reference to the vi- olations of the provisions of that chapter. § 8. If any person, in violation of this act, by himself, ingawayorW his scrvaut or agcut, shall, for himself or any body else, SenSperty'f dircctlj or indirectly, or on any pretence, or by any de- vice, sell, or in consideration of the purchase of any other property give to any person any spiritous or intoxicating liquor, or any liquor of which part is spiritous or intoxi- cating, or shall at any store, grocery, tavern, or place of trade, entertainment, or public resort, or in any of the ap- purtenances or dependencies of any such place or any public place, give away any such liquors he sliall pay, on his first conviction for said offense, fifty dollars and the costs of prosecution ; and on the second conviction for said offense he shall pay a fine of one hundred dollars and costs of prosecution, and on every subsequent conviction he shall pay a fine of two hundred dollars and the costs of prosecution, and shall be imprisoned not less than three months nor more than six months. Every prosecution un- der this section shall, if the offense is committed within the corporate limits of any city, be heard and determined be- fore one of the police magistrate's courts in said city, and said police magistrates are authorized and required, in case of conviction, to order the person or ])ersous so con- victed to stand committi'd until the fine ajid costs are fully paid, and also to commit said convicted persons for the 9 1855, term cf imprisonment for wliich they may he spntencecl. In cast s of trial by jnry undci- this section, the jury shall fix the time of imprisonment ifi ease of conviction as above provided, but if tlie accused shall plead guilty, or shall consent to the trial by S'liti po ice magistrate, then the said police magistrate may fix the term of in, prisonment ; or • prosecutions for tiie first and second of said offenses, wlien coniniitled without and beyond the limits of ariy city, shall be brought in the first place before any justice of tlie peace of the county where said offt rises may he committed, who may hear and determine the same, and upon coiiviction, issue execution against the goods and chattels for the fine and costs, or the said justice in his discretion may proceed according to section is^OSd, of cliaj)ter XXX, of Revised Statutes, as^d in the manner therein provided for offenses against the provisions of that chapter ; and prosecutions? for tiie third or any sub«:eqiient offense com.mitted without the limits of any city, shall also be first brought bt fore any justice of the peace of the proper county, who sliall there- upon proceed according to said section 2()3d, of chapter XXX, Revised Statutes. All clerks, agents, and ^f'^'- pp„^„,es ^pp^^ vants of ever kind employed in selling or keeping for sale, cable to cuiks or giving away, in violation or the provisions oi tins act, vants. of any s]iiritous or intoxicating liquor, or any mixed li- quor, a part of which is spiritous or intoxicating, shall incur the same penalties and be prosecuted against in the same manner as principals, and may in the information, in- dictment, or complaint, be { barged in the same manner and be convicted, whether their principals be convicted or not. No such clerk, servant, or agent, shall be excused from testilying against his principal on the ground or for the reason that he may thereby criminate himself; but no testimony so given by him shall in any prosecution be used as evidence, either directly or indirect ly, against said clerk, servant, or agent, nor shall he thereafter be prosecuted for any offense so disclosed by him. § 9. No person shall own or keep any spiritous or penalty for th^ intoxicating liquor, or any mixed liquor of which a part is pj-ovi'Sia^^ ^'^^^ spirituous or intoxicating^ with intent to sell or give away tins^act. the same in violation of this act, or to p<"rmit the same to be sold or given away in violation of this act; and every person who slmll own or keep any such liquor wiih any such intent, shall, on Ids fir<;t conviction for said offense, pay a fine of fifty dollars and the costs of prosecution ; on his second cortviction shall pay a fine of one hundred dol- ars and costs of prosecution ; on every subsequent con\ ic- tion for said offense he shall pay a fine o(" two hundred dol- lars and tlie costs of prosecution, and shall be imyyrisnned not less than three nor more than six months. Every pros- ecution for said offenses when committed within the cor- 1855. 10 porate limits of any city in tins state, shall be hearr] and determined by one of tlie j)olice magistrates of said city, and such magistrate is authorized and reqniied to ord^ r any person so convicted before him to stand comnntted until tlje fine and costs imposed hereby are tii'.ly paid, and to stand committed lor the time f^f imprisonment for which he may be senteT)ced, as iierein provided for; and when said offenses shali be committed beyond the limits of any cit}', then said prosecution'' shall first be brought cefore some justice of t!ie peace of the proper county, who may hear and determine prosecutions for tfie first and second offenses, and issue executions acjHinst the goods and chat- tels of any person convicted before him therefor ; or the said justice, in his dis'^retion, may proceed according to section 203, of chap. XXX, in the Revised Statutes, in the manner provided therein in relation to offenses agiinst such cliapter; and every prosecution for a siihseq ui nt of- fense so committed beyond the limits of any city, shall first bebrouglit before some justice of the peace of the proper county, wlio shall thereupon proceed according to said section 203, of chapter XXX, Revised Statutes. And upon the trial of evei y com})laint for the violation of this section or of tlie eighth section of this act, proof of the finding of the liquor s[)ecified in the complaint in the pos- session of the accused, in any place except liis private d wel- ling house or its dependencies, (or in such dwelling house, or dependencies ^f tlie same be a tavern, public eating house, grocery, or other place of public resort,) sliall be received by the ourt, magistrate, or justice of tne peace, as presumptive evidence tliat such liquor was kept for sale contrary to the provisions of this act. Appeal may be ^ IQ. Any person mav appeal from a final judgment rendered against him by a justice of thf peace for a iirst or second offense under section eight or >ection nine, and from any final judgment of a police magistrate of any city, to the circuit court of the county wherein said judgment may have been rendered : P ro^nded^ he sliail fort!uvith give bond in not less than five hundred dollars, with at least two good and su'ficient sureties, with con lition to aj)pear at the court appealed to, and there to prosecute his appeal and to aSide the ser:tence of the court thereon, and that he will not, during the pendency of such appeal, violate the ])rovisions of this act. . Said bond may be approved by the justice of the ])eace or police magistrate render ing the judgment, or by the clerk of the circuit court, in the man- ner provided by law in other cases. suteance. ^ spiritous or intoxicating liquors, and all mixed liquor^, of which a part is spiritous or intoxica- ting, intended by the owner or kee])er thereof to be sold or given away, in violation of this act, shall, with the ves- 11 1855. sels in wliich it is contained, be deemed a nuisance, and shal], with said vessels, be lorlcited to the city, town or county in which it is ke])t. 6 12. If any two or more persons, residents in any written com- City, county or town, bemc]^ or iiill age, shall beiore a jus- made, lice of the peace of the county or police magistrate of said city, niake written comj)laiht tliat any spiritous or intoxi- cating liquor, or any mixed liquor, of which a part, is spir- itous or intoxicating (described as nearly as may be in said complaint) is in said town, city or county in any place descrioed as nearly as may be in said complaint, or in any steamb{^at, or water craft of ^iny kind, de})ot, railroad car or land carriage of any kind, descjibed as nearly as may be in said complaint, or in a street or public highway, or any public place whatsoever, described as nearly as may be in said com])laint, kept, owned or carried by any person or corporation, described as nearly as may be in said com- plaint,, and is intended by hiin or them to be sold or given away in violation of lids act ; and if said complainants shall, before said justice or police magistrate, as the case may be, make oath or aliirmation tliat they have reason to be- ]'>ve, and do believe, to be substantially true the allega- tions in said complaint, said justice or police magistrate, as the case may be, (upon finding probable cause for said complaint ) shall issue liis warrant of search, directed to the sheriff of tfie county, hi'^ deputy cr any con-^tpble of said county, or if to be executed witliin the limits of a city to th^sheriiF of the county, his deputy, or any constable of the county or city marshal of said city or liis dejjuties, de- scribing as nearly as may be the liquor and the place de- scribed in said complaint, and the person described in said complaint as the owner or keeper of said liquor, and com- manding said ollicer to search thorougldy the said place, to seize said liquor, with the vessels coritaining it, and to keep tlie same securely until final action be had tliereon : Frovided. however, that if the place to be searched be a du lling house in which any family resides, and in wdiich no tc'vern, eating house, grocery or other place of public resort is kept, such warrant shall not be issued, unless one atleasi of said complainants shall on oath or affirmation before id justice or police nsagistrate declare that he has reason to believe, and does believe, that within one month next before the making of said complairit, spiritous or in- toxicatii g liquor, or mixed liquor, of which a })art is s|)ir- itous or intoxicating, lias been, in violation o^" thi« act, sold in said house or in some dependency theieof, ly the person accused in said complaint, or by ids consent or per- missioii ; nor unless from the facts and circumstances dis- closed by said complainant to said justice or ]^oliee magis- trate, said justice or police magistrate shall be of opinion 1865. 12 that said complainant has adeqiuitR reason for snch "belief. Wlieriever tl«e offense shall be alleged to be witliout and beyond tlie limits of an incorporated to"Mi or city, ihen the com[)]aint herein provided for maybe ni?*de by anv res- idents of the county befoie any justice of the peace of the county, and warrant of scarcli may be issued by such jus- tice in the manner tierein above provided. BHty of jnstioes § Wlieufver upon such warrant such liquor shall of thepeaci'and J^gve bccn seized, the iusiice or police mao-ishate issuing police magus- , i, I , . ^ • . i /• i Utttes said warrant shah, withns lorty-eight hours after such seizure, cau.^e to be posted upon some public place within such town, city or (in case the said liquor is so found with- out the limits of an incorporated town or city) county, and to be left at the ])lace where said liquc-r was seized, if said •place be a dwelling house, store or shop, and to he left wi' h or at the last usual place of abod e of the per: on nr tned in said complaint as owner or keeper of said liquor, if such person be a resident of this state, a notice summoning such person, and all others whom it may concern, to appear be- fore said justice or police magistrate, at a place and time named in said notice, wfiich time shall not be less than two nor more than four weeks after the posting and leaving of said notices, and sliow cause, if ^ny tliey have, wliy said liquor should not be forfeited, with tiie vessels c futaining it ; and said notice shall, with. reas-)j!abie certainly 'escribe said liquor and vessels, and state where, when ar. ' ' hy the same were seized. At the time and place presLii )ed in said notice the person nam^^d in such comrr'aint, or any person claiming an interest in said liquor and v essels, or any part thereof, rnay appear and show cause wh.y tlie same should not be forfeited. If any person shall then and there so appear, he shall become a })aTty defendant in said cause, and said justice or police magistrate shall make a record thereof. Whether any person so appear or not, said com- plainants, or either of them, or upon the lailure of such complainants tiie officer having such liquor in custody, shall ap[)ear before said justice of the peace or police magistrate, and prosecute said complaint, and show cause why such liquor should be adjudged forfeited ; and said justice or po- lice magistrate sliail make a record of such appearance and the name of such prosecutor, arid shall procred to inquire whether said liquor and vessels be liable to forfeiture ; and if upon the evidence then and there pre^^entod to \i\va he shall fnul that said liquor, or any part tliereof, wa'=', when seized, kept or carried hy any person for the ])urpose of being sold or given awav in violation of thi-^ act, s lid jus- tice or [)ollce magistrate shall render judgment thai said liquor, or said part thereof, with the vessels in which it is contained, is forfeited. Tf no person be made defendant in manner aforesaid, or if judguu'nt be in favor of all the de- 13 1855. fendants who appear, t'len the costs of the proceedings shall be paid by the city, town or (if the said iiquor is tound as aforesai 1 witiioiit and beyoud the limits ot an incorporated town or city) county, it' the judgment of said justice or police magistrate siiall be against only one defendant ap- pearing as aforesaid, lie sliall pay all the costs of tne pro- ceedings in the seizure and detention ot the liquor claimed by him up to that time and of said trial. But if such judg- ment shall be against more tiuin one party defendant claim- ing distinct interest in said liquor, tlien the costs of said proceedings and trial shall be equitably, according to the discretion of said justice or police magistrate, apportioned among said defendants; and in either case such costs shall be collected by execution or executions issued by said jus- tice or police magistrate again>t the property and (if said executions are issued by a police magistrate) bjdies of the defendants whose duty it is to pay the same, ami paid into the treasury of the town, city or county, as the case inay be, where tne said liquor was seized. And if any sacn ex- ecution shall not be fortliwith paid, the defendant m exe- cution, if said execution shall have been issued by a police magistrate, shall be committed to jail, and shall not oe re- leased therefrom until he shall have paid said execution and the costs of his commitment and (ietention, or if saijd execution is issued by a police magiscrate, until he siiali have been imprisoned thirty days at least. Tlie said jus- tice of the peace or police magistrate shall have power to continue to another time, not exceeding fifteen days, tlie healing of the question of forfeiture as iierein provided, and also to adjourn the same from day to day until deteriiinied. Any person appearing as aforesaid may appeal from said .^p^^ judgment of forfeiture (as to tiie whole or any part of the taken, liquor and vessels so adjudged forfeited ) to the circuit court next to be holden in the county wherein such judgment is rendered, but his appeal shajl not be allowed until lie sliali give bonds, with good and sutlicitnt security, to be approved b}^ the justice or police magistrate before v^^iiom said judg- ment shdll be rendered, to the treasurer of the town, --ity or count}-, as the case may require, in such an amount as said justice or police magistrate shall order, not less tiian five hundred dollars, conditioned that he appear before said circuit court and prosecute his said appeal and abide the order of the court thereupon, and also, that he will not, during the pendency of said appeal, violate any of the pro- visions of this act ; and in each instance in which any such appeal or appeals is or are allowed, said justice or police magistrate shall transmit to the clerk of said court, within ten days thereafter, and on or betore the first day of the term to which said appeal or appeals sluiU be taken, a copy of said record, by him made, of the original complaiiit, and 1855. 14 all proceedings had before him in the case and said com- plaint; and the case or cases ariMiig upon said appeal or appeals shall thereupon be pending beliire said circuit coJirt. It" befoi'e said circuit court no parly so appealing shall ap- pear, the appeal bond or bonds shall be forfeited, and said court shall render judgment that the liquor and vessels in respect to winch said appeal or appeals lias or have been taken are forfeited ; but if an}' party or parties so appeal- ing siiail appear, said court shall proceed to try, by jury, the issue or issues arisirig iiponsaid appeal or appeals, sev- erally or collectively, as said court may deem j)ri)per ; and if by verdict of tiie jury, accepted by the court, it is found thai said liquor, in respect to which any appeal was taken, was, wlien seized, kept by any person for the purpose of being sold or given away in vioiatiori of tiiis act, then said liquor and vessels containing it shall be adjudged for- feited, and said court shall tax the costs arising uj)i)n said appeal against said pariy appealing, and ordej- Una to pay the same forth with ; and l"or the pa) ment thereof, according to said order, his said appeal bond shall stand as security, and said defendant may by said court be committed to jail until the fine and costs are paid. Forfeited liquors § 14. Wiienever it shaJl be finally decided that liquor toagent'^^'''^'^''^ scized as aforesaid is forfeited, the justice of the peace, po- lice magistrate,, or other court rendering final jddgment of forfeitui-e, shall issue to the officer having said liquors in custody, or to some other proper officer, a written order, directing him to deliver said liquor and the vessels contain- ing it, to some agent dsily a})po;nteti f>ir the sale of intoxi- cating liquors in the city, town, township or precinct of the county wliere said liquor was seized, or in case tiiere be no such agent in said city, town, township or precinct, then to some other such agent in some otiier cit}, town,, town- ship or precinct in tlie same county, which order the said olfice', after obeying the com nands thereof, shall return to said court with his doings thereon endorsed. Sai 1 agent shall receive said liquor and vessels, and if, in his opinion, the same, or any part thereof, be fit to be sold for ;iiiy law- ful uses, he shall sell tlie same, or such part thereor', in the cours^e of his agency, for the benefit of the city, town or county, as the case may be, wherein the same wer* seized; and if, in his 0|vinion, twe same, or any part thereof", be not fit to be sold, he shall destroy the same, or such part there- of. Whenever it shall be finally decided that any liquor so seized is not liable to forfeiture, the court so Oeciding shall issue a written order to the olficer having the same in custody, or to some other proj)er officer, to restore said liquors, with the vessels containing it, to the piae.' where it was seized, as nearly as may l)e, or to the person enti- tled to receive it, which order the said olHcer, alter obey- 15 1855. ing tb.e commands tlipreof, sliall return to said court with his doings tlioreon endorsed. And llie costs of the pro- eefidings in sucli case siiall be taxed and paid by the city, town or county wiierein said liquor was so 'Seized. § 15. Whenever any othcer autliorized to commence a prosecution t\)r a violation ot the ninth section of this act, shall in any way receive notice that iiquor has been seized upon a warrant issued pursuant to ttie twelith sec- tion of this act, said olHcer shall immediatejy cause a pros- ecution for violation of said umUi section to be commenced before the justice or police magistrate who issued said warrant against the pi rs-in named in said warrant as the owner, or keejjer, or cairier of the liquid to be seized, unless such j)rosecution siiali have been already commenced by some'otiier proj)er officer. § 16. A complaint under the twelfth section of this act may be in form, substantially, as follows : " To A. B., esq., a justice of the peace of the county of Yorm ot , or police ma >istrate of tiie city of , [as the Plaint* case may be. J The complaint of the undersigned [resi- •dent in said , of lull age,] sheweth that in a certain place in said , to wit: | ijere insert description of shop, house, or other place, de.scribii.g tiie same as nearly as may be,] certain liquor, to wit : [iiere insert descrip- tion of liquoi', describing the same as nearly as may be] is owned or kept fas the same may be] by C. D. in the 5 in the cu«nty of , and is iniended by said C. D., to be sold or given away in vi jiation oi the act of 1855, entitled ''An act for t',e suppression of intemperance, and to amend chapter thirty ot the Revised Statutes," and against the peace and dignity of the people of the state of Illinois. Whereibre, . le comijiainants j)ray your honor to issue a warrant of search, that said place may be searched, and said liquor seized and disposed of according to law. Dated at , this day of . E. F., G. H., I.j." The justice of the peace or police magistrate to whom such cocnpiaint is made, having adininisJei ed the oath or athrmatiou required by sectian twelfth, may certify on such coinj)laint the ddininistraliun uf said oath and his iiiiding thereon, in the following form : county — ss. [Town or city and date.] Per- porm ot sonaily appeared E. F., G. H. and 1. J., residents in said , being of lull age, and j)resented to me the forego- ing complaint, by tLem signed, and nidde solemn oath [or atiirmation, as the case may be] before me, that they have 1855. 16 reason to believe, and do believe to be substantially true the allegations in said complaint. Wiiereupon, I find that probable cause exists Tor said complaint ; aiid [in case a dwelling house, &c., is to be searchedj the said , one of said complainants, having on his oath [or affirmation] before me declared that he lias reason to believe, and does believe, tiiat within one month next before the making of said comiilaint, spiritous or intoxicating liquor, or mixed liquor, a part of which is spiritous or intoxicating, has been sold in violation of the act of 1855, for the suppres- sion of intemperance, and to amend chapter thirty of the Revised Statutes," in said house, or in some dependency thereof, by the person accused, or by his consent or per- mission, upon the facts and circumstances disclosed by said , to me, I am of the opinion he has adequate cause for such belief. A. B,, J, P. or Police Ma^istratt.''^ A warrant issued pursuant to section twelfth may be, in form, substantially as follows : of warrant. " The peoplc of the state of Illinois to the sheriff of the county of , his deputy, or either constable of said county, or [if the warrant is to be executed ii» any city] to tiie sheriff, deputy sheriff, or constable of the county of 5 or marshal of the city of , greeting : '•Whereas, E. F., G. H. and I. J., residents in said , being of full age, have, before me, made their written complaint, tiiat in a certain place in said , to wit: in [iiere insert a description of shop, house, or other place, describing the same as nearly as may be] certain liquor, to wit : [here insert a description of the liquor as nearly as may be] is owned or kept [as the case may be] by C. D., of [iiame of county, city, town or other place, naming it,] and is intended by said C. D., to be sold or given away, in violation of the act of 1855, entitled "An act for the sup- pression of intemperavice, and to amend cliapter thirty of the Revised Statutes," and against the peace and dignity of tlie people of the state of Illinois. "And whereas, said complainants have before me made solemn oath [or aihnnation, as the case may be] that they have reason to believe, and do believe, to be sub- stantially truci, the allegations in said complaint ; and " whereas I do find that probable cause exists for said com- plaint, and [in case a dwelling house, &c., is to bo • searched,] and tlie said , one of said coin])lainants, \ having on his oatii [or affirmation, as the case may be,] belbi e ine declared that he has reason to believe, and does believe, that wiinin one month next before the making of said complaint, spiritous or intoxicating liquors, or mixed V 17 1856 liquors, part of which is spiritous or intoxicating, has been sold in violation of tlie act of 1855, for "the sup- pression of intemperance, and to amend chapter thirty of ihe Revised Statutes," in said house or some dependency thereof, by the person accused in the complaint aforesaid, or by his consent, [or permission,] upon the facts and cir- cumstances disclosed by said , I am of opinion that he has adequate cause for such belief ; now, therefore, in the name and by the authority of the people of the state of Illinois, you are hereby commanded to search thorough- ly, the said place, and to seize said liquor and the vessels containing it, and securely keep the same until final action be had thereon. Hereof fail not, but due return make. Dated at , this day of A. B., J. P., or Polite Magistrate. The form of notice required by section thirteen may be fubstantially as follows : "To C. D. of , in the county of , and to all oth- Fonao/ notAm ers whom it may concern — Greeting : " Whereas, pursuant to the provisions of an act entitled "An act for the suppression of intemperance, and to amend chapter thirty of the Revised Statutes," upon due com- plaint, dated , and upon warrant duly issued upon said complaint, certain liquor, with the vessels containing it, [describe the liquor and the vessels with reasonable cer- tainty] was seized at [describe the place as nearly as may be] in the , of , on the day of , A. D., 18 , by [name of officer] a [sheriff, deputy sheriff, or other officer, as the case may be] which said liquor and vessels were seized because it is alleged that said liquor was owned, or kept, or carried, by some per- «on, with intent that said liquor should be sold or given away contrary to the law. And whereas the said fiquor, if so owned or kept, v/ith such intent, is liable to forfeiture; now you, the said C. D., and all others whom it may concern, are hereby summoned to appear before me at [name of town, city, or other place,] on the day of , at o'clock, in noon, then and there to show cause, if any you have, why said liquor and ves« eels should not be adjudged forfeited. Dated at , this day of , A. D. 18 . A. B., J. P., or Police Magistrate^ § 17. If any person shall be found in a state of intoxi- cation in any highway, street, court house, or other public place, or shall be found in a state of intoxication in any place, committing any breach of the peace, or disturbing others by noise, any sheriff, deputy sheriff, constable, or 2 1855. 18 [if within any city,] said officer, or any police ofTicer of a city, city marshal or other o[ficer, may, without warrant, and it is hereby made his duty to take such person into custody, and detain him in some proper place until, in the opinion of such officer, he shall be so far recovei ed from his intoxication as to be capable of properly testifying in a court of justice, and shall then bring him, if said jjerson is willing before some justice of the peace of the county, or if arrested within a city, police magistrate of a city ; and if such person is willing to make full disclosures regard- ing the person or persons of whom, and the tin e, place and manner in which the liquor producing his intoxication was procured, and all the circumstances attending it, such justice or police magistrate shall administer to him the oath provided for witnesses, and he shall inquire of iiim in the presence of the officer, regarding the matter, and if upon such inquiry, it fshall appear to such officer that any of the offenses specified in the eigiith or ninth sections of this act have been committed within this state, such officer [who is hereby authorized so to do] shall in due form of law file his complaint to said justice or police magistrate against the person or persons upon such disclosure ap])earing to the officer to be guilty tiiereol, and shall, if the said per- son so taken intoxicated be willing thereto, detain said person until the trial of said complaint before said justice or police magistrate. And said justice or police magis- trate shall issue his warrant for the immediate arrest of the person charged in said complaint, and he shall accord- ingly be arrested and brought before said justice or police magistrate [as the case may be] to answer to said com- plaint, and shall be tried thereon without unnecessary de- lay, and convicted or acquitted in due form oi'iavv; and it siiall be the duty otsaid officer to prosecute sucli complaint, and of any state's attorney, or [it the offence is committed within the limits or jurisdiction of a cityj the city attor- ney to assist him in such prosecution. And tiie person so arrested, when taken and brought before said justice of the peace or police magistrate shall be immediately put to plead to said complaint; and unless he j^lead guilty, the trial of said complaint shall be commenced, and, whether he plead guilty or not, the testimony of the person found intoxicated as aforesaid shall be taken, of which testimony the said justice or police magistrate shall make a true re- cord ; and if the person so complained against sliall be found guilty, and siiall appeal from the ju(iguieiit of said justice or police magistrate, or [in the cases before a jus- tice hereinbefore provided lor in sections eight and nine] shall give bail foi his appearance at the next term of the circuit court of the county wherein said jucigmeni is ren- dered, or shall be committed in default of giving bail for 19 1855. his said appearance, said justice may, in his discretion, recognize with surety such witness for his aj)pearance to testify in said case before tf)e court to which said appeal may be taken, or to which said defendant shall be required to appear. And if upon such trial or trials the person so found intoxicated shall, in the opinion of the prosecuting officer, testify freely, fully and fairly regarding the procure- ment or receipt of the liquor which produced his intoxica- tion, the person or persons of whom, and on what terms it was obtained or received, and the time and place of such receipt, and all the circumstances regarding it, he shall be discharged, and no evidence which he shall have given, either before said justice or police magistrate in makin:; 8uch disclosures, or as a witness upon said trial or trials, shall be used against him in any trial or proceeding what- ever; nor shall any prosecution be instituted or carried on against him for or on account of such intoxication. But if Refu»8t©iest!fr he shall refuse to be taken before said justice of the peace or police magistrate, as hereinabove provided, by the offi- cer or officers having him in custody, or if, when brought before such justice of the peace or police magistrate, he shall refuse to make disclosures before said justice or po- lice magistrate in the manner hereinbefore provided for, or shall refuse to testify freely and fully, as a witness on said trial or trials, then he shall be in due form prosecuted for his intoxication, and on conviction thereof be punished as provided in the twenty-sixlh section of this act. The costs of the arrest and detention of the person so taken intoxi- cated shall, upon the order ot the justice or police magis- trate before whom such person is brought, be paid from the treasury of the town, city or county in which tiie arrest is made. Tiiis section shall not be so construed as to author- ize the forcible detention of the person so taken intoxica- ted after he shall have recovered from liis intoxication, un- til the trial of the person or persons against whom his dis- closures shall be made before the justice or police magis- trate ; but if such person, upon recovering from his intoxi- cation, shall not voluntarily consent to go, and go with the officer, and make the disclosures contemplated in tiiis sec- tion, and shall not thereafter voluntarily remain in custody of such officer, or some other proper person by said officer designated, until such trial, he shall be forthwith ])rosecu- ted for his intoxication under the twenty-sixth section of this act ; and any officer who by this section is authorized to arrest such intoxicated persons, may make complaint against and prosecute such person for such intoxication. 5> 18. Every sheriff, deputy sheriff and constable of any ^"ty of ehemi^, ^ % ^ I 1 ^1 1- c constables, mar- county, mayor or city marshal, or other police oiiicer or siiaisj&c. any city, or the president and trustees of any incorporated town, are hereby authorized, and it is hereby made their 1855. 20 duty,, within their respective counties or cities or towns, as the case may be, when any violation of any of the pro- visions of this act shall come to their or his knowledge, or on being informed of the same, and being furnished with reasonable proof of the tact, or having good reason to sus- pect that an offense has been committed against this act, to make the complaints, and to institute and carry on prosecu- tions against any person or persons violating the provisions of this act as hereinbefore provided ; and any complaint herein provided for may be so made by any one of the said officers. If any such officer receiving salary or fees, know- ing or being informed, and being furnished with reasonable proof of the fact, or having good reason to believe or sus- pect that any person or persons have, within their respect- ive jurisdictions, been guilty of violating any of the pro- visions of this act, shall fail to make complaints and insti- tute and carry on prosecutions against such person or per- sons so offending, as herein provided for, said officer or of- ficers shall, upon conviction, be punished by fine not less than twenty- five and not exceeding one hundred dollars. And moreover, upon conviction, if the same shall be had in the circuit court of the county wherein such officer shaH hold his office, or of the circuit court of any other county to which the same may be removed by change of venue un- der the laws of this state, it shall be the duty of the court before whom such conviction shall be had, to declare the office of said officer vacant ; and said officer shall thereafter be disqualified from holding the same office anywhere in the }vn ally for vioia- statc of Iliinois. For any violation of this section prosecu- tions may, upon the complaint of any resident of the coun- ty, or (in case of violation hereof by a city marshal, mayor or other police officer of any city,) city wlierein said offi- cer shall hold his office, before any justice of the peace, or in case of a city officer, police magistrate, or by indict- ment in the circuit court of the county wherein said officer shall hold his office. Nothing in this section shall be con- strued to prevent any residents of a town, city or county, as the case m^y be, trom making complaints and institu- ting ana carrying on prosecutions as in other sections of this act provided. Sheriffs, deputy sheriffs and constable! are authorized, and it is hereby expressly made their duty, to make said complaints and institute and carry on prose- cutions for violations of this act where the offenses may be committed within the limits of an incorporated city, or any otlier place in their county, anything in any law or charter to "the contrary notwithstanding. * K..... 5 19. All cases under this act which shall come by ap- Oanes to be con- i . , j r .nut.'d by iiic peal, writ of error or in any olhcr manner before any higher tor'aeys. court than a justice's court, shall in such higher court be 21 1855. conducted by the state's attorney or (in case the offense be committed witliin the limits of any city,) city attorney (as tlie case may be) in behalf of the prosecution, and shall take precedence in such court of all other criminal business, except those criminal cases in which the parties accused are actually under arrest awaiting trial ; and the prosecu- ting officers shall not have authority to enter a nolle pros- equi, except by the consent of the court, and where the purposes of justice manifestly require it. § 21. Whenever default shall be had of any recogni- saitonborui. sance, or whenever a breach of the condition of any recog- nisance or bond given pursuant to this act shall have oc- curred, the proper officer shall forthwith commence suit upon said recognisance or bond, and pursue the same to final judgment as speedily as possible. Any judgment re- covered in such suit shall be for the full amount of said recognisance or bond, with costs of suit; and no court or officer shall remit to the defendant or defendants any part of said judgment. § 22. In any complaint or indictment under this act, it ^-^^ nece55sary u shall not be necessary to set forth exactly the kind or quan- of liquor m com- tity of liquor sold or manufactured, nor whether the accused was a principal or clerk, servant or agent, or the exact time of the sale or the manufacture thereof, but proof of the violation by the accused of any provision of this act, the substance of which violation is briefly set forth in said complaint or indictment, within the times mentioned in said complaint, shall be sufficient to convict such persons ; and it shall not be requisite in any complaint or indictment for a second or subsequent offence to set forth the record of a former conviction, but it shall be sufficient briefly to allege in such complaint such former conviction. Nor shall it be necessary, in every case, to prove payment in order to prove a sale within the meaning of this act. This act shall in all courts be liberally construed for the detection and punish- ment of offenses; and any defects in any complaint or in- dictment or declaration, either of form or substance, may be amended by the court before which the same is pend- ing, whether by original entry, appeal or otherwise. § 23. A justice of the peace, police magistrate or clerk ©f the circuit court shall be entitled to receive for causing notices to be posted up and left pursuant to section 13, fifty cents for each notice ; and for receiving a complaint and making certificate thereon, as required by sections 12 and 16, the justice of the peace or police magistrate shall be entitled to receive one dollar; for issuing an order pur- suant to section 14, fifty cents ; where notice shall be pub- lished in a newspaper, the printer or publisher of such pa- per shall be entitled to receive such compensation as the I 1856. 22 court shall order; and tlie officer w]io shall make service of any warrant i'or the seizure of liquor, sljall be allowed for tlie same two dollars ; i'or the removal and custody of said liquor, his reasonable expenses and one dollar; for the delivery of any such liquor under order of tlie court, his reasonable expenses and one dollar; and for posting and leaving the notices required by section 13 and 33, one dol- lar. For all other services under this act, tlie said justice of the peace, police magistrate, clerks or other officers shall be allowed to receive tiie same compensation as is now by law allowed for similar services. Nothing in this act or any Additional com- law of this statc shall prevent any of said officers from re- ceiving any additional compensation which may be allowed to them by the ordinances of aay incorporated town or city. Nor shall any interest \^'hich said officers may have in their fees or in such compensation render saicl officers incompe- tent to testify as witnesses in any trial or proceeding au- thorized by this act ; nor shall any person be rendered in- competent to testify as a witness in any trial or proceed- ing authorized by this act by reason or on account of said person being an inhabitant of any town, city or county wherein an offence may be committed, or such proceeding may be had. •«mmon council § 24. The commou council of any city, the president i?eS*of boad^ trustees of any incorporated town, or the board of su- pervisors, or the county court of any county, whenever complaint shall be made to them that a breach of the con- dition of the bond given by an agent apjiointed by tliem under this act has been committed, shall notify such agent of such complaint, and if upon hearing of the parties it shall appear that any such breach has been committed, they shall revoke said agent's appointment ; and whenever such breach is in any way made known to the common council of any citj', the president and trustees of any town, the board of supervisors or county court of any county, or any one of them, they or he shall, at the expense and for the use of said city, town or county, cause the bond to be put in suit. F«»«ity for vio- § 25. All payments or compensations for liquor here- 5i!rffi^tMla?t' after sold in violation of this act, whether such compensa- tion be in money, goods, land, labor, or anything else, shall be held to have been received in violation of law and against equity and good conscience, and to have been received upon a valid promise and agreement of the receiver in con- sideration of the receipt thereof to pay to the person fur- nishing such consideration on demand the amount of said money, or the just value of such goods, land, labor or other thing. All sales, transfers, conveyances, mortgages, liens, attachments, pledges and Securities of every kind, which either in whole or in part shall have been made for or on 23 1855. account of sjiiritous or intoxicating liquors sold in violation of tlii? act, siiall be utterly null and void against all [)er- flons in all cases, and no rights of any kind shall he acqui- red thereby ; and no action of any kind shall be maintained in any court of this state for spiritous or intoxicatirig liquors, or mixed liquor, of which a part is S[)jritous or intoxicating, sold in any other state or country contrary to the la w of said state or country, or with intent to enable any person to vio- late any provision of this act, nor shall any action be main- tained for the recovery or possession of spiritous, or itoxi- icating, or mixed liquor, or the value thereof, except in cases where persons owning or possessing such liquor, with lawful intent, may have been illegally deprived of said liquor. Nothing in this section, however, shall affect in any way negotiable paper in the hands of any bona fide holder thereof who may have given valuable consideration therefor, without notice of any illegality in its inception or transfer, or the holder of land or other property who may have taken the same in good faitli without notice of any defect in the title ©f the person from whom it was taken ; and all other sections of this act, and all evidence given un- der them, shall be construed in the same way as they would be if this section were omitted from this act, and have the same effect. In all actions at law or suits in equity brought for the recovery of spiritous, intoxicating or mixed liquor, or the value thereof, or founded upon sales, transfers, con- veyances, mortgages, liens, attachments, pledges and se- curities of every kind, which either in whole or in part shall have been made for or on account of spiritous or in- toxicating liquor sold in violation of this act, it shall not be necessary for the defendant or defendants to plead the same, or that said liquor was sold contrary to the provis- ions of this act, but the same may be given in evidence on the trial of such action or suit in equity ; and whenever it shall appear in evidence or by the pleadings to any court before which such actions at law or suit in chancery shall be tried or pending, that the same is brought for the recov- ery of spiritous or intoxicating liquor, or mixed liquor sold contrary to tlie provisions of this act, or the value thereof, (except in cases where persons owning or possessing such liquor with lawful intent, may have been illegally deprived of said liquor,) or is founded upon any sale, transfer, con- veyance, mortgage, lien, attachments, pledges or securi- ties of any kind, which either in whole or in part shall have been made for or on account of spiritous or intoxicating liquor sold in violation of this act, it shall be the duty of laid court, whether the defendant or defendants interpose said defense or not, or w^hether the said defendant or de- fendants desire the same to be done or not, forthwith to dismiss the said action at law or suit in equity, at the cost Not to oxieud u negotiabie p:i; in the hands or holder /JOWfJ. fid^f 1865. 24 of the plaintiff or plaintiffs or complainant or complainants, unless the said action at law or suit in equity shall be in- ftituted for his own use and benefit by the bona fide holder ~ of negotiable paper, who may have given a valuable con- sideration therefor without notice of any illegality in its in- ception or transfer, or the holder of land or other property who may have taken the same in good faith, without notice of any defect in the title of the person from whom it was taken. p-me for being § 26. If any person shall be found intoxicated in any tp31nthe?ubHc highway, street, court house or other public place, or shall puk.?b. found in a state of intoxication in any place committing any breach of the peace, or disturbing ot!iers by noise, he shall, on conviction thereof, pay a fine of twenty dollars to the city, town or (if found intoxicated in any highway, street, court house or other public place, or shall be found in a state of intoxication in any place committing any breach of the peace, or disturbing others by noise without the lim- its of an incorporated city or town) county in which th« offense is committed, together with the costs of prosecu- tion, and stand committed until the fine and costs are paid^ Every prosecution for a violation of this section shall b« heard and determined by a justice of the peace ol the county or (if within the limits of an incorporated city) by a police magistrate of the city where the offense was com- mitted; bat the person convicted upon said prosecution may appeal from said judgment to the circuit court of the s'fovjM,. county in which the offense is committed : Provided^ that he shall forthwith give such bond (of recognisance) with surety as said justice or police magistrate shall order, con- ditioned for his appearance at the next term of the said cir- cuit court to answer said complaint, and for abiding the judgment that may be rendered by the court thereon; and if in case of conviction of said offense before any police magistrate, or before the circuit court, the person so con- victed shall fail to pay the fine and the costs of his prose- cution, he sliall be committed to jail, and vshall not be re- leased until he shall have been imprisoned for thiity days. And if any officer autliorized to arrest with or without war- rant any person so found intoxicated shall fail so to arrest any person whom he may see intoxicated, said officer shall for- feit and pay for every such offense twenty dollars, to be recovered by an action of debt before any justice of the peace of the county or police magistrate of any city within which said officer shall iiold his office. c»n.peu*auon to " § 27. The commou council of any city, the president and tiustees of any incorporated town, the board of su- pervisors or the county court of any county, or a majority of either of said bodies, may approj)riate out of the city, town or county treasury such sums as in their judgment 25 1865, ihall be necessary for the purchase of spiritous or intoxi- aating liquor by the agent or agents of said city, town or county, to be by him or them sold under the provisions of this act. And no agent appointed under this act shall have power on behalf of any city, town or county to con- tract any debt for spiritous or intoxicating liquors which •hall to any extent be binding on such city, town or coun- ty. All fines and forfeitures collected under the provi- lions of this act, and all profits accounted for by agents to fell spiritous or intoxicating liquors shall be applied — \^nel**JS *«* first, to the payment of the compensation allowed said *eiture». agent or agents, next to the payment of costs which may under the provisions of this act be incurred by said city, town or county, and the remainder, if any, shall be put into the school fund of the city, town or county, as the ease may require, in which the oflTense may have been committed or the profits made. If any agent appointed ander this act, shall sell any liquor at a greater profit than hereinbefore provided for, such agent shall be deemed guilty of an unlawful sale, and shall be prosecuted, and upon conviction be punished and dealt with in the same manner provided in case of illegal sales by other persons, and moreover shall ipso facto forfeit his appointment as agent, and shall not be thereafter qualified or allowed to act as agent for the sale of spiritous or intoxicating liquors . under this act anywhere in this state. § 28. Whenever any violation of any of the provisions ^^ti! of this act shall be committed in any corporated town or eity, the prosecutions herein provided for may be instituted and carried on in the name of said city or town. In all eases under this act (except where the justice of the peace or police magistrate maybe acting as a court of inquiry in accordance with the provisions of this act, and section 803, chapter XXX, Revised Statutes) the party prosecu- ting or the defendant or defendants shall be entitled to a trial by jury, and in cases of trial by jury, where the pun- ishment is by fine or imprisonment, either or both, the jury •hall fix by their verdict the amount of the fine and the period of imprisonment, in accordance with the provisions of this act. Appeals may be taken in all cases from the judgment of justices of the peace or police magistrates (except where said justice or police magjistrate may be sitting as a court of inquiry as aforesaid) provided the defendant or defendants shall forthwith give the bond or bonds hereinbefore required. And any city or town afore- laid may also appeal from any judgment of such police magistrate or justice of the peace in like cases, by filing with said justice or magistrate the bond of said city or town under the corporate seal thereof, if they have any, and if not, then said bond shall be signed by the president I«55. ^6 Ha»afaoture not of the board of trustees of such town, or the mayor or other chief officer for the time being of any city. And in case said prosecution before said justice or police magis- trate shall be in the name of the people of the state of Illinois, appeals may be allowed in the same way to the people as is now provided in cases of assault and battery. Any bond given on appeal from the judgment rendered by justices of the peace or police magistrate under the pro- visions of tliis act shall be from the date thereof until th« game is discharged a lien on all the property, real and personal, of principal and securities. And no principal or security on any appeal bond shall be released from his or their liability thereon by reason of any defect, formal or substantial, in said bond, or in the execution or approval t-hereof ; but the said principal and securities shall in all courts be held liable in the same manner and to the same extent as if the said bond or bonds had been in all respects, written, taken, conditioned, executed and approved ac- cording to law. § 29. Nothing contained in this act shall be so con- prohibited for gtrucd as to prohibit the manufacture or keeping for sale «rfc»i« purposes ' n ' ^ ^ • ■• i of burning fluids of any kind, perfumery, essences, chem- icals, dyes, paints, varnishes, cosmetics^ solutions of med- icinal drugs, medical compounds, or any other article ' which may be composed in part of alcoholic or other spiritous liquor, if not adapted to use as a beverage : Pro- vided^ however, that if such article is capable of being used, or is intended to be used as a beverage or in evasion of this act, the manufacture or keeping for sale, or said thereof, shall be deemed a violation of ihis act and pun- ished accordingly. "SyjJaC&cr § It shall be the duty of any mayor, alderman, city marshal or deputy marshal, sheriff, deputy sheriff or constable, if he shall liave information that any intoxica- ting liquors are kept or sold in any tent, shanty, hut, wa- gon or hand carriage of any kind, or place of any kind, other than a dwelling house, for selling refreshments in any public place on or near the grounds of any cattlo show, agricultural exhibition^ military muster, camp meet- ing, or any public occasion of any kind, to immediately make complaint thereof on oath, before some justice of the peace or police magistrate, who shall issue his warrant, commanding him to search the place or places named in said complaint; and such mayor, alderman, city marshal or deputy marshal, sheriff, deputy sheriff or constable, shall proceed to search such suspected places, and if said officer" shall find upon the premises any intoxicating liquor he shall seize said liquor and arrest the keeper or keepers of said place, or of said wagon or carriage, and take them forthwith, or as soon as may be, before some justice of 27 1855. the peace of the county, or (if within a city) police ma- gistrate pf a city, and thereupon such officer shall make a written complaint, under oath or affirmation, and sub- icribed hy him, to such justice or police magistrate, who ■hall thereffpon proceed to hear and determine said com- plaint, and upon proof that such liquors are intoxicating, that they were found in the possession of the accused in a tent, shanty or other place as aforesaid, other than a dwelling Ifouse, he or they shall be sentenced, upon con- viction, (if before a police magistrate) to imprisonment in the county jail for thirty days, or (if before a justice of the peace) to pay a fine of fifty dollars and costs of the proceedings; and said liquor so seized shall be forfeited and delivered over by the officer or other person having the same in custody, upon the order of tlie justice or po- lice magistrate, to th'j agent (or one o^ them) of the city, town or county where such liquor shall have been seized, to be dealt with by said agent as other forfeited liquor. § 31. If any railroad conductor, freight agent, ex- Railroad condnc- pressman, depot master, or other person in the employ- p^jtiic"^ agents mcKt of or in any manner connected with any railroad corporation, or any teamster, stage driver, or common earrier of any kind, or any person professing to act as agent for any other person or persons, whether within or without this state, or any other individual vf whatever calling, shall kriowingly bring within this state, for any other person, any intoxicating liquor, to be used or dis- posed of for any other purposes than those recognized lawful by this act, or shall knowingly procure for any other person or persons, or shall knowingly aid, assist or abet, in any manner whatever, any other person or persons in procuring intoxicating liquor, except for the purposes con- templated by this act, such person or persons so offending ihall forfeit and pay into the treasury of the county, town or city, as the case may be, a fine of one hundred dollars and costs of prosecution on the first conviction, and on the second and every subsequent conviction two hundred dol- lars and costs, and be imprisoned in the county jail not less than three nor more than six months. If any contrac- tor, sub' contractor, agent, engine driver, conductor, di- rector, or other employee, engaged in the construction or operation of my railroad, canal or other public work in this state, shall violate any of the provisions of this act, he or they shall be fined and imprisoned, or either, as the case may be, to double the exient of other persons so of- fending. § 32. Any person agains- whom or whose premises a penalty for i»- searclr warrant has been issued, or any other person who sisting offi«er«. ghall refuse to permit the search to be made, or otherwise use violence to prevent the same, or who shall resist l'«66. 28 any officer in the execution of any other process author- ized by this acf, or threaten to use violence to prevent the execution of the same, sliall be deemed to have resisted the officer, and be made subject to the penalty inflicted by the Revised Statutes therefor. *hL?e" jSdii- § 33 Nothing in this act shall be so construed as to authorize any justice of the peace to try any person (ex- cept as a court of inquiry) for any offense against any provisions of this act where the punishment is by a fint above one hundred dollars or imprisonment, or to adjudge any liquor to be forfeited, as hereinbefore provided, where the value of said liquor shall exceed one hundred dollars ; but in all cases where any person for any offense, the pun- ishment whereof is imprisonment or fine exeesding one hundred dollars, shall be broup;ht before any justice of the. peace, or where in the trial of any cause under this act it shall appear that the offense for which the accused is upon his trial is one for which the punishment, as prescribed hereby, is more than one hundred dollars or imprisonment^ • or both, said justice shall proceed in such case in manner provided in section 203, of chap. XXX, of Revised Stat- utes ; and if such fact shall appear as aforesaid upon the trial of the cause by a jury, said jury shall be discharged without rendering any verdict, and said justice of the peace shall admit said defendant or defendants to bail, or in default thereof, commit him or them to await trial the next term of the circuit court of the proper county, in same manner as provided by said section 203, of chap. XXX, Revised Statutes. In all cases where it shall ap- pear, from the officer's return of any search warrant issu- ed under the provisions of this act by any justice of the peace, that the liquor seized is of greater value than one hundred dollars, or if during or upon the hearing or trial of said complaint, as provided in the 13th section of this act, it sliall appear to said justice on the evidence or (if the trial is by a jury) by the verdict of said jury that said liquor is of greater value than one hundred dollars, then in either or both cases it shall be the duty of said justice of the peace not to render judgment but forthwith to make a record of all the proceedings before him, (except t}»e tes- timony of witnesses,) and certify the same under liis hand and seal, and file the same in the clerk's office of the circuit court of the proper county; and said clerk shall, upon re- ceiving and filing said transcript, immediately cause to be puMished in some newspaper in his county, (and if there be no newspaper in said county, then shall cause to be posted upon the door of the court house,) and also in either case to be left with or at the last usuni ])lace of abode of the person named in the said complaint as the owner or keeper of said liquor, if such person be a resident of thif 29 1855. «tate, a notice, summoning such person, and all others whom it may concern, to appear before the said circuit court, at the next term thereof, and show cause, if any tliey have, why said liquor should not be forfeited with the vessels containing it. Said circuit court shall hear and determine said question or forfeiture of said liquors, and •hall proceed in the same manner provided in the 13th and 14th sections hereof : Provided^ if two weeks shall not ProTiB*. intervene between the day of publishing and serving said notice as aforesaid and the first day of the next term of the said circuit court, said cause shall be continued until the next term of the said circuit court. The term justice of the peace, as herein used, shall not be construed to include police magistrate. § 34. If any person, by himself, clerk, servant or and vax^- agent, shall sell, furnish or give away any intoxicating somnent. liquor, which shall be impure or adulterated, he shall for- feit and pay into the treasury of the town, city, or if the offense is committed without and beyond limits of any in- corporated town or city, county, not exceeding one hun- dred dollars, and be imprisoned three months in the jail : Provided^ no authorized agent appointed hereunder shall be subject to the liabilities of this section, unless such agent shall pecsi>5t in selling or furnishing such impure or adulterated liquor, knowing the same to be such ; prose- cutions under this section may be, if the offense is com- mitted within the limits of an incorporated city, brought before a police magistrate of said city, or by indictment in the circuit court of the proper county, whether committed within a city or not; and if the offense be committed with- out the limits of a city, then the case may be brought before any justice of the peace of the county, in manner provided in section 203, of chapter XXX, of the Revised Statutes. § 36. All laws and parts of laws inconsistent with this inconsistent a