1900.] HASTINGS—POLICE POWER OF THE STATE. 429 
part of which was any tavern, store, grocery shop, boarding-house, 
or room kept for gambling, dancing or other public recreations, and 
should not be kept or deposited in any place except such dwelling- 
house, or for sacramental purposes in a church, or in some place 
where a trade or art was carried on demanding use of the same as 
part of a regular business, or in transportation to some such lawful 
place. 
Liquor might be given away by a physician in his regular prac- 
tice and the law was not to apply to any liquors permitted to be 
sold by any treaty or law of the United States. It was made the 
duty of any officer making an arrest under the act to seize all liquors 
kept in violation of the law together with the vessels in which it 
might be, and at once convey the person arrested before a magistrate 
and store the liquor and make complaint of the violation of the law 
to the magistrate. ‘All the liquor so seized, on conviction of the 
person so arrested, if not claimed by some one else, was to be for- 
feited, and when so forfeited to be destroyed on warrant from the 
magistrate, and the vessels sold on execution. 
Police magistrates, justices of the peace, county judges, city 
judges and recorders had power to act in such cases and to hold 
courts of special sessions to try such offenses, and need not hold 
an examination of any person brought up on such charge, but 
might proceed to trial assoon as the complainant could be notified. 
They had power to adjourn for good cause not longer than twenty 
days. A jury of six was to be called if demanded by the defendant 
at the time of pleading. No one in the business of selling liquors 
or who had been convicted under the act could serve as juror, and 
proof of sale established prima facie that it was unlawful, and proof 
of delivery should be held to show a sale. 
The convicted party forfeited all liquors kept by him contrary to 
the law, was fined fifty dollars for first offense, one hundred dollars 
and thirty days in jail for second, and for subsequent offenses 
not less than one hundred nor more than two hundred and fifty 
dollars, with imprisonment from three to six months, and if fine 
and costs were not paid, confinement for not less than one day for 
each dollar so unpaid was required. There was a provision for 
sale of liquors by specially authorized persons for medicinal, me- 
chanical and sacramental purposes, and also for the sale of domes- 
tic wines and cider, and also for the sale of liquors imported under 
protection of the United States laws by the persons importing them, 
