Des Moines courier. ([Ottumwa] Iowa) 1848-1854, 1851-01-31
GROCERIES.


the General Assembly:
SECTION l.. The people Of this State
will hereafter take no share in the pro-
fits of retailing Intoxicating liquors. but
the traffic in those commoditiesas arti-
rles of merchandise is not prohibited.
2. The retail of intoxicating liquors
in the manner which is commonly de-
nominaed "by the glass or "by the
dram" is hereby prohibited.
3. The places commonly known as
"dram shops" or s.grog shops" are here
by prohibited and declared public nui-
sances, and their establishment, shall,b
held presn,npiive evidence of The viola
lion of the provision contained in the
prsceeding section. .s. ....
4. The establishment or the keeping
Of a place of any description whatever,
and whether within or without building
coming within the spirit and intent OF
this chapter; and the establishment. or
the keeping place of any description
where other persons are accustomed to
resort proyiding their own liquors Of the
prohibited character purchased elsewhere
and drinking them there, shalt be taken
10 be within the meaning Of This chap.
ter. .'- s..a ..s. ....... ..... ..-. ...#s q.
b. Every person engaged in any of
The acts above prohibited or in any way
aiding or assisting in such illegal traffic
whether as principal or as clerk, bar
keeper ar otherwise shall be subjec, to
the penalties herein provided. ...
6. Courts and juries are required 10
construe this chapter 80 as TO prevent
eSasions and su5.erfuges, ana so as to
cover the ACT of giving n, well as of sci.
ling Ia the places above prohibited.
T. Whoever is guilty of violating an
of the provisions of this chapter, on.
coavictinn thereof shall be fined in a
sum not less than one hundred dollars or
be imprisoned i'll the county jail mol
more than ninety days, or both in the
discretion of The court, and may be psos-
eculed therefor either by indictment or
by information before a justice o! the
peace. .... .-a..
8. An information or Indictment under
This chapter may alledge any number of
violations of is provisions by the same
party and he may be found guilty of and
punished for each act as under separate
indictments or inlorina,ions, bu, q sep
araie judgment mus. be entered in each
instance in which verdict of guilty is
found. Aad The proceedings may be
the same where they are against the
building or other property itself, as here.
IN pro, ided. ...... ...... ...-
D. The information and indictment
herein authorized may be made or found
agains. the shop or building or ground
itself in or upon which the prohibited
traffic u carried on under description OF
ordinary certainty, alleging that the pro-
hihied liquor has been there retailod in
The manner forbidden, and proof of such
retail ny any person will be sufficient,
and the building and ground and the
liquors and furniture shall be liable to
~ The penalties herein prescribed. and
when an Information is filed supported
by an affidavit shall be held in The same
manner as if under an attachment and
shall be deli with as when an Indictment,
is found. ...... .......... .......
10. The building on which shop or
other establishment herein prohibited is
~, up whethe. permanently or ,empora.
rily. and the lot or other ground mot ex-
ceeding forty acres) on which the same
stands if o.ned by any person engaged
IN the prohibited business, or if owned
and leased by person who dssnised ii
knowing that such M establishments was
To be Sc, up or such traffic carried on
therein, shall be subject TO a lien, al
though not proceeded against directly,
for the purpose hereafter directed, and
when an Indictment is found il is made
the duty OF the court to command the
sheriff by proper process 10 seize the
establishment and close il and keep it
rl.sed and keep possession OF The goods
therein until the final determination of
The prosecution.
H. In the cases mentioned in the
proceeding two sections the property
may be released by any person filing
bend in a sum not less than five hundred
dollars with one or more sufficient free
hold ,sureiies, which bond and sufeties
must be approved by the clerk or JUS
iice, and the condition of which mus
reciie that the principal therein assumes
TO be The owner or keeper Of the said
establishment. takes upon himself the
liabilities arising ,herefrom, and the con.
fiilon shall be that the parties thereto
undertake To pay any fines and costs
which may be adjudged agaias. the per
son or property informed against or in
diaied
II. Upon the conviction Of any per-
son engaged in any establishment. p.o-
hlhi,ed in This chapter, the proper matter
being found, and also upon the convic-
iion Of The property. the court is required
to declare such establishment nuisance.
and the proper officer shall be comman-
ded to abale the nuisance by taking pos
session Of The establishment and destroy.
ing all The prohibited liquors therein, and
selling the vessels, furniture and other
goods found herewith for the payment
of The fine and costs. q saa
~. The enactments of the statute in
relation to The Homestead and its exemp.