The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1852-03-18
BY AUTH ORITY /.
OF MINNEsoTA,sDs SIS
AN ACT
For the Restriction Of the Sale Of In.
i, toxicating Liquors within the TeESis
tory Of Minnesota. ek


ituous intoxicating, except hereinafter prov tides
SEC 2. The County Commissioners OF any countJ
the first Monday in May, annually, or as soon there's
RS may be convenient, may appoint two or more suit
persons who shall reside in different Precincts ~
Agents of said county. within the limits OF hne
gained county, which may be attached to sucb cot
for Judicial purposes to sell IN their respective Fr"ci
within said county, spirits, Wines other into
liquors, TO he used tor medicinal mechanical purs
ami other; and said Agents shall receive such q
pcnsation for their services the Board appoiniirE
shall prescribe and shall in the sale Of such liq
form TO such rules and regulations said Con 81
ers shall prescribe for that purpose. And such q
appointed, alorecad, shall hold their situa oas
one wear unless sooner removed hy the Board
which they received their appointments they IA
al any time, at the pleasure of said Board.
SEC. 3. Such Agents shall receive a cer,iGcate
such County Commissioners, by whom they hove
appointed, authorizing them as the Agents Of sn @
~ to sell Intoxicating liquors for medicinal .s
zeal purposes only, 6u, such certificate shall NJ, 81
livered to the persons appointed until they n
have executed and delivered to said Board be 4
two good and sufficient suretlts, in the Of
bred dollars, i'll substance, Us follows: Know ~
that as principal, and - as suretics
holden and stand firmly bound unto the county ~ 49,
in the of six hundred dollars be paid toll II
uter of said county, tn which payment We bind
our heirs, executors ard administrators, frmy ..y
presents, sealed with our seals, an dated tbis
- of 4. ID. The conditions OF this oh III or
such, that whereas the above bounden ma =
duly appointed an Agent for the county OF
sell within, and for ane on account Of said n
icatipg liquors for medicinal and mechanical porp,
aud no other, until the------of---ot A. D.
less removed from said Agency.
New, if the said - shall in ali respects sort
TO the provisions Of the law relating to The bis,
which he is appointed, and 10 such rnes aud reg
now are, or shall be IRON time to time cstahl $40.
the Board making the appointment, then this o. "a
to be void otherw use IL remain in fun force.
SIC. !. If any person by himself. clerk. ser, ..
agent, shall al any time sell any Intoxicating iul
any mixed liquors, part OF winch IS intoScatiu. d
laion of the provisions OF this act, he shall 70
pay, the first con yiction, ten doIars and costs
ecution and shall stand coniini:ted untii The
paid; the second conviction, he shall pay tive
AIRS and the cost OF prosecution shall stand con.
ted until the same be paid, on the third and ever,
Auent conviction, lie shall pay twenty dollars ,-,
costs of prosecution, and shall be i'm ptisoned in t
mon Jail not less than three months nor more b
months. And if any clerk servant, agent oh,
in the employment, Or on the premises Of . r;
shall violate the prov sions of this section he ,
held equally guilty with the princ.pa. ana on &C
/ shall suffer the same penalty.
SEC. 5. Any 20 teiture or penalty arising
above section, mas be prosecute for and TecC
IA civil action, or by complaint by any indyiIua so
name of the Comfy Csulmissiolers. before any l,
of the Peace District Court, al The county ...
offence committed And the forfeiture so re,as
shall go to the Coauty Treasury, for TIC SUI p .,
schools III the Precinct where The convicted p. q,
sides; And il any one OF the County Commission
approve Of the commencement o. such b, $50
his name upon the SUMMONS the defendant sh j
event recover any costs, and in ali civil actions
|
the defendant, shall he the Il the xci rs
been by complaint And it shall be tic specia ia
the County Commissioners, any one of them %
mence action in behalf Of said County, agsi.
person guilty OF violation OF any OF the prov .,
thin net, on being informed Ut the same, aul o.. A.
nisled with the proof CT the fact.
! SEC. 6. II any person shall clsim an 8epe;., D..
Judgment rendered against him by any judge
trial Of such action or CONF aint, ne shali betore
peal shall be allowed, recognize in Lie sum of %,
bred dollars, with two good ana sufficient sureti
cry case SO a2lc aicd to prosecute his appeal J &
ali costs, fines, and penalties tnat may be ~
against him upon a final disposition OF such suit co..
plant. Ant before his appeal shall be ailowe. IL
also in every case give bond, with TWO sooda
cienl sureties running TO the county where the
was COMM ttCd, in the sun of two hundred doila -s
he will no, during the PenJency Of such sppeal
any OF the provisions Of this act, And recognifa !,
bond, shall be taken IL cases arising under this
cept by the justice or judss before whom the -
had; and the defendant shall Dc held to advance =
fees in every of an appeal in Il ciyu action; a.
event of & hna. conviction before Jury, the d b
shall pay Ind suffer double he of lines ta.
and imprisonments awarded eaInsi him by the I.i
judge from whose Judgment The appeal mac
forfeiture for all bonds and recognILiuCes given iu
suance of is act, shall go the county for the
of schools in the Precinct wherein the ofiepC,
comintted; aad If the recOgnizances am. bonds e.
ed i'll this sec ,ion shall not be gwen within twest
hours after the Judgment, the appeal shall b.
ed the defendant III the mean time TO stand a
SEC. Z. The County Commissioners OF any 1
breach of the conditions of the bonds given ny
son appointed under this act has been commute
notify the person complained of, and II, upon a q
OF the parties. II shall appear that any breach
committed, tney shall revoke nd void his li
nient. And Whenever breach of any bond given a.
Commissioners of any Count, in pursuance Of 4
the provisions OF this ACT sha be made known q
said commissioners, or shall in any manner G
their knowledge they, or some of them, shat
expense and tor the use of said County, cause t.
TO be put in suit ii any Cour, proper To Try the
SEC. 5. No person shall be allowed 10 he q y rl
turer OF any spiritious into <icatiag liquor,
mon seller thereof without being duly appoli
Aforesaid, or pain of FORGETTING the first ccnyict
sum of one hundred dollars, an, costs oi prose
and in default OF the pa nent the Of the person
victed shall be Imprisoned siNt days la The c..
jail; and on The second conviction, the person
victed, shall pay the sum of two hundred dola
costs OF prosecuton, and III defa Il 81 PAYMENT
imprisoned four months in the ,ommon Jail, anc a
third anu every subsequent cow -tOu, shall paw
of two hundred dollars. and iali De lmprisnnt
months m the common Jail OF county where &.
fence was com,n4ted, said pen; ties 20 be recoveit
lore any court OF competent Jurisdiction, by ,ndis
or by civil action, In the name OF The county VIII,
offence shall be committed, al wherever q Geiau
be had OF any rec osnizauce sing under this &c,
iacias shall be issued rsturna .e the next teri.
the same shall tot be continued unless tor good ,
satisfactory to the Court.
SEC. =. No person engaged in The unia wifi trtf
Intoxicating liquors shall he lpeteft to sit on n,
IN any case urislng under this ac' and when inform
OF any panel is engaged in such traffic. thai he
lIeNed TO be 50 engaged, The Court shall enquire 81
.urymau 81 whom such belief IS ,ntertaned and e.
swer which he shall make shall be used against hun
case arising under this act, but fhr shalt IL
he shall he Incapable of serving on InN Jury IL this
,ory but he may decliue to il, which II.
be discharged by the Court from further a,tcuda
jurynan.
SEC. 10. AilcGses arising under his act. whetl
nciou, Indictment or complaint, Wh IA shall con
lorc "a superior Court, either b. a Real cert,
snail take precedence IN said Court ui Ill other bus
except those CRIMINAL Gases in which he parties
fGally under arrest awaiting Il trial, snd he COur
Prosecuting Officer shall not have aElho -ily TO eu
nolle rrosequi, or 10 grant a continuance ia ANY
arising under this act either before ter the
except where the purposes of justice u req lire il
SEC. III. Ii any three persons voters IN
county where the complaint shall te made,
before any justices Court, make co nplaint U
oath Oh affirmation, that they have reason L
lieve, and do believe, that spiriiucus Or into,
ting liquors are kept or deposited, and inte
ior sale, by any person not auihori: ed 10 sell
same IN sand county, under lhe pro, isions OF
act, IN an, store, shop, warehouse @ other b
tug, or place, IN said county, SAID JUS ice o. J
shall Issue his warrant Of search Ia aiy sheTI
constable, who shall proceed TO search the pre-
es described IN said warrant, and If any spirit
or intoxicating liquors are found therein, he
seize the same, and convey them to SO re n
place Of security, where he shall keep t,em
inal action is had thereon, Butno DWELL y h
IN which, or in part Of which n shop Is o.
shall be searched unless at least one of 81 ID c
plalnants shall testify to some ac1 OF sale oi IN
icating liquor therein, by the occupant iher, Of
by his consent or permission, wHhin one mon