and trial shall be according to the discretion of said justice or judge, equitably apportioned among said defendants and execution shall be issued on said judgments against said defendants for the amount of the costs so adjudged against them. Any person appearing and becoming party defendant as aforesaid may in cases arising before a justice of the peace appeal from said judgment of forfeiture, as to the whole or any part of said liquor and vessels claimed by him and so adjudged forfeited, to the district court, as in ordinary cases of misdemeanor. In any such proceedings where the judgment is against the state, it shall have the same right of appeal to the district court, except that no bond shall be required, and if an appeal be taken by the state, the same shall operate as a stay of proceedings and the liquors seized under the warrant shall not be returned to any claimant thereof until, upon the final determination of said appeal, he is found entitled thereto." Amendments effective July 4, 1917. The notice of seizure required by the foregoing section may be in substantially the following form: To... FORM. Notice of Liquor Seizure. ..and All Others to Whom it May Concern: Notice is hereby given to you that on the..........day of........... A. D., 19.... a Search Warrant was issued from the Court of the undersigned against certain Intoxicating Liquors alleged to be kept for sale in violation of law, by..... in the building (and dependencies thereto and cellars thereunder) described as follows, towit: .... (describe as accurately as possible).... That under and by virtue of said Warrant a search of said premises was made on the........day of ......A. D., 19....and certain Intoxicating Liquors, with the vessels in which the same was contained to-wit..... (describe liquors)..... were found, and the same seized by the officer executing this warrant. Now, therefore you, and each of you, are hereby summoned to appear before the undersigned, a Justice of the Peace, at his office in... Township, . County, Iowa, on the......day of..........A. D., 19. ...at...... o'clock........ M., and show cause, if any you have, why the aforesaid liquors and the vessels in which the same are contained, should not be forfeited and dealt with as provided by law. Dated this.. .....day of. Justice of the Peace. .A. D., 19. . . . The officer should make a return showing the manner in which he served the foregoing notice. SEC. 2427, of the Code as amended by the 37 G. A. Chapt. 323. Evidence of illegal selling or keeping-license. "In all actions, prosecutions and proceedings under the provisions of this chapter, proof of the actual manufacture, sale or gift in evasion of the statute of intoxicating liquors by a person not authorized to manufacture, sell or give the same shall be presumptive evidence of illegal manufacture or sale, and the finding of intoxicating liquors in the possession of one not legally authorized to sell or use the same, except in a private dwelling-house which does not include or is not used in connection with a tavern, public eating house, restaurant, grocery, or other place of public resort, or the finding of the same in unusual quantities in a private dwelling-house or its dependencies* shall be presumptive evidence that such liquors are kept for illegal sale. The fact that any person not authorized to keep for sale and to sell intoxicating liquors for lawful purposes, engaged in any kind of business, has or keeps posted in or about his place of business a receipt or stamp showing payment of the special tax levied under the laws of the United States upon the business of selling distilled, malt or fermented liquors, or shall have paid such special tax for the sale of such liquors in this state, shall be presumptive evidence that the person owning or controlling such receipt or stamp, or having paid such special tax, is engaged in keeping for sale or selling intoxicating liquors contrary to the provisions of this chapter." (*) This section was amended by the 37 G. A., chapt. 323, by striking out the words following dependencies, to-wit: "of any person keeping a tavern, public eating house, grocery, or other place of public resort,”—this amendment effective July 4, 1917. The statute above set forth states that the finding of liquor in unusual quantities in the possession of one not legally authorized to sell or use the same is presumptive evidence that such liquors are kept for illegal sale. Thus far the Supreme Court has never passed upon the maximum amount of liquor that one may possess and not have an unusual quantity. Every holder or every person who has paid the special tax to sell intoxicating liquors as required by the federal law must place and keep conspicuously exhibited in his place of business all stamps denoting payment of such special tax. Sec. 5988 of chapt. 3, tit. 35, of the Revised Statutes of the United States. Failure to comply with this requirement is adequately punished by the federal statute above cited. SEC. 2427-a. Supplement, 1913. County attorney to secure certified copy of names of federal license holders. That the several county attorneys of this state are hereby authorized and directed to secure from the federal internal revenue collectors for Iowa, on or before the fifteenth day of January, April, July and October of each year, a certified copy of the names of all persons who have paid to the federal government special taxes imposed upon the business of selling intoxicating liquors within their respective counties, except such persons within their counties as are engaged in the sale of intoxicating liquors under the mulct law and registered pharmacists who hold valid permits to keep and sell intoxicating liquors for medicinal purposes, and to pay the internal revenue collector the fee prescribed by the statutes of the United States. Said county attorney shall file with the county auditor of his county a certified statement of the amount paid to such internal revenue collector, and the board of supervisors shall audit and allow the same at their next regular or special meeting." SEC. 2427-b, Supplement, 1913. Certified copy filed and recorded. "Upon receipt by the county attorney of certified copies of the names of all persons in his county who have paid the federal government the special tax imposed on the business of selling intoxicating liquor as aforesaid, the county attorney shall, after examination of said list, file the same with the auditor of his county, who shall record the same in a book kept therefor, which shall be open to public inspection." SEC. 2427-c, Supplement, 1913. Payment of federal tax-prima facie evidence of sale, etc.. "The certified copy furnished by the internal revenue collector of the name of any person who has paid to the federal government the special tax imposed upon the business of selling intoxicating liquors shall be prima facie evidence that said person is engaged in the sale of, or keeping with intent to sell, intoxicating liquors in violation of law, unless said person by way of defense shows that he has complied with all the terms and conditions of the mulct law, or that he is a registered pharmacist, actually engaged in business as such and said certified copy shall be competent evidence in any court within this state." SEC. 2416 of the code. Destruction of liquor and vessels. "Whenever it shall be finally decided that liquor seized as aforesaid if forfeited, the court rendering final judgment of forfeiture shall issue to the officer having said liquors in custody, or to some other peace officer, a written order, directing him forthwith to destroy said liquor and vessels containing the same, and immediately thereafter to make return of said order to the court whence issued, with his doings indorsed thereon. Whenever it shall be finally decided that any liquor so seized is not liable to forfeiture, the court by whom such final decision shall be rendered shall issue a written order to the officer having the same in custody, or to some other peace officer, to restore said liquor, with the vessels containing the same, to the place where it was seized, as nearly as may be, or to the person entitled to receive it, which order the officer shall obey, and make return thereon to the court of his acts thereunder, and the costs of the proceeding in such case attending the restoration, as also the costs attending the destruction of such liquor in case. of forfeiture, shall be taxed and paid in the same manner as is provided in case of ordinary criminal prosecutions where the prosecution fails." While a justice of the peace cannot exercise jurisdiction over cases where the amount involved exceeds $100.00, except where the parties agree that he may have jurisdiction up to $300.00, yet in condemnation proceedings he has jurisdiction. Such proceedings are criminal in nature, and the authority of the justice extends to all cases, without regard to the value of the property seized. State v. Arlen, 71 Iowa 216. The order for the destruction of the liquor and the vessels in which it is contained may be in substantially the following form: To..... .P. . . . . . . . . . . . Constable of said County: You are hereby notified that the liquor now in your custody, to-wit: ....(describe accurately as possible)......formerly seized by you under and by virtue of a Search Warrant issued in the above entitled cause, has been adjudged forfeited, after due trial as provided by law. Now therefore, you are directed forthwith to destroy said liquor and the vessels containing the same, and immediately thereafter to make return of this order to my court, with your doings endorsed thereon and sworn to. X. Justice of the Peace. .19.... The officer destroying the liquor should certify in his return all costs attending the destruction of the same. MISCELLANEOUS PROVISIONS AND PENALTIES SEC. 2424 of the code. Requisites of indictment or information-allegations as to second offense-testimony of purchaser. "In any indictment or information under this chapter, it shall not be necessary to set out exactly the kind or quantity of intoxicating liquors manufactured, sold, given in evasion of the statute, or kept for sale, nor the exact time of manufacture, sale, gift or keeping for sale, but proof of the violation by the accused of any provision of this chapter, the substance of which violation is briefly set forth, within the time mentioned in said indictment or information, shall be sufficient to convict such person; nor shall it be necessary in any indictment or information to negative any exceptions contained in the enacting clause or elsewhere, which may be proper ground of defense; and, in any prosecution for a second or subsequent offense, as provided herein, it shall not be requisite to set forth in the indictment or information the record of a former conviction, but it shall be sufficient briefly to allege such conviction; nor shall it be necessary in every case to prove payment in order to prove a sale within the true meaning and intent of this chapter, and the person purchasing any intoxicating liquor sold in violation of this chapter shall in all cases be a competent witness to prove such sale." An indictment should be in substantially the following form: FORM. In the District Court of the State of Iowa in and for... X.. . County .Term A. D., 19.... STATE OF IOWA, Defendant. VS. Indictment for Bootlegging. Plaintiff. The Grand Jury of the County of......X......, in the State of Iowa, being legally impanelled, sworn and charged in the name and by the authority of the State of Iowa, accuse......A......of the crime of bootlegging, committed as follows: That the said.... A......on the first day of May A. D., 1917, in the County of......X. in the State of Iowa, did then and there solicit, take and accept orders for the sale, shipment and delivery of intoxicating |