Des Moines courier. ([Ottumwa] Iowa) 1848-1854, 1853-02-10
vol. 5.----NO. l.----WHOLE NO. 219.
COPY OF THE MATNE LAW.
AN ACT

AN ACT
FOR THE SUPPRESSION OF DRINKING
HOUSES AND TIPPLING SHOPS.
Be IL enacted By The Senate and House
Of Representatives. in Legislature az.
sembted, as follows:
NOT TO BE MADE OR SOLD AS A BEVERAGE.
SEC. i. No person shall be allowed a.
any time to manufacture or sell, by him
self, his clerk, servant or agent. directly
or indirectly, any spiriiuous or intoxica.
ting liquors, or mixed liquors, part of
which are spirituating, except as hereaf-
ter provided.
AGENTS TO SELL roR CERTAIN PURPOSES.
SEC. q The selecimen Of any town,
and mayor and alderman of any city, on
the first Monday Of May annually, or as
soon after as may be convenient, may
appoint some suitable person as the agent
of said town or city, TO sell a, some CEN
tral and convenient place within said
town or city. spirits, wines or other in
,oxicating liquors, to be used for medi-
cinal and mechanical purposes, and no
other; and said agent shall receive such
compensation for his services as the
board appointing him shall prescribe ;
aud shall in the sale of such liquors,
conform to such rules aud regulations,
as the selectmen or mayor and aldermen
as aforesaid shall prescribe for that pur-
pose. And such agent appointed as
aforesaid, shall hold his situation 70: one
year. unless sooner removed by the
board from which he received his ap.
pointmeat, as he may be at any time, a,
the pleasure of said board.
SAID AGENTS TO GIVE BONDS, &C.
SEC. 3. Such agent shall receive a
certificate from the mayor and aldermen
or se'ec,men by whom he has been ap-
pointed, authorizing him as the agent of
such town or city to sell intoxicating IL
quors for medicinal or mechanical pur.
poses only; bu, such certificate shall not
be delivered to the person so appointed,
unil he shall have executed and deliv-
cred to said board bond. with two good
and sufficient sureiies, in the sum of six
hundred dollars, in substance as fol.
lows:-
Know all men tina, we, prin.
cipal, and--and--as sureties,
are holden and stand firmly bound 20 the
Inhabitants of the town Of, Tor
city. as the case may be- in the sum of
six hundred dollars, TO be paid them, TO
which payment we bind ourselves, our
heirs, executors and administrators, firm
ly by these presents. Sealed with our
seals. and dated this--day Or
The condition OF this obligation is
such that whereas the above bounden
-has been duly appointed an agent
for the town Tor city, Of, to sell
within and for, and on account, Of said
town Tor city, intoxicating liquors for
medicinal and mecha ical purposes, and
no other, until the-----oE--A. D..
unless sooner removed from said
agency. @
Now, if The said--shall in all
respects conform 10 the provisions of
the law relating 10 the business for
which he is appointed. and to such rules
and regulations as now are or shall be
from time to time established by the
board making the appointment, then this
obligation to be void; Otherwise to re-
main in full force.
PENALTIES FOR VIOLATIONS, &C.
SEC. 4. If any person by himself,
clerk, servant or agent, shall at any
time sell any spirituous or intoxicating
liquors, or any mixed liquors. part Of
which is intoxicating. in violation Of the
provisions OF this act, he shall forfeit and
pay on the frs, conviction, ten dollars
and the costs of prosecution, and shall
stand committed until the same be paid;
on the second conviction he shall pay
twenty dollars and the costs IF prosecu-
tion. and shall stand committed until the
same 10 paid; on the third and every sub.
sequent conviction, he shall pay twenty
dollars and the costs of prosecunon, and
shall be imprisoned in the common Jail.
not less thaa three months nor more
than six months, and in default of pay
ment OF the fines and costs prescribed by
this section, for the first and second con-
victio,.s. the convict shall not be entitled
10 the benefit of chapter IT'S of the re.
yised statutes, until he shall have been
imprisoned two months; and in defaul.
of payment OF fines and COSTS provided
for the third and every subsequent con.
vlction, he shall not be entitled to the
benefits of said chapter It's of the reyis-
ed statues, until he shall have been i'm.
prisoned four months. Aud if aGy ser.
want. clerk. agent or other person in the
employment or on the premises OF an
other, shall violate the provisions of this
section he shall be held equally guilty
with the principal. and on conviction
shall suffer the same penalty.
PENALTIES. now RECOVERED, &C.
SEC. 5. Any forfeiture or penalty aris-
ing under the above section, may be re-
covered by IN action of debt, or by com.
plant before any justice OF the peace.
or judge Of any municipal or police
court, in tho county where the offence
was committed. And the forfeiture so
recovered shall go to the town where tho
convicted party resides. for the use of