Burlington tri-weekly hawk-eye. [volume] (Burlington [Iowa]) 1852-1855, 1855-03-01
AN ACT
For the Suppression Of Intemperance.
SECTION l. Be 1t enacted By the General

SECTION l. Be 1t enacted by the General
Assembly pfthe State Of Ioca: No person
shall manutavtu sell by himself, his clerk stew
ard or agent directly or indirectly any intoxicating
liquors except hereinafter provided And the keep
ing OF intoxicating liquor, with the INTENT the part
OF the owner thereof any person acting under his
authority or by his permission to sell the same within
this State contrary to the provisions of this act
hereby prohibited, and the intoxicating liquors 50
kept together with the vessels in which it is contain
| ed, is declared nuisance and shall be forfeited.
and dealt with as is hereinafter provided
ale, porter, lager beer. cider, and all wines
are included among intoxicating liquors within the
meaning Of this act: Provided however, that nothing
in this section, in this act, shall be construed to
forbid the making Of cider from apples or wine fruits
grown or gathered by the manufactu thesellng
of such cider wine (if made in the State, by the
maker thereof provided only, that the quantity sold
at any time be not less than five gallons and
be sold and be all taken away at time.
SEC. 2 Nothing in this act shall be construed to
forbid the sale by the importer the eof of foreign in
toxicatng liquor imported under the authority of the
laws of the United States regarding the import
OF such liquors and in accoldancee with such laws
provided that the said liquor, at the time of said
sale by said importer; remains in the original casks
or packages in which it was by him imported, and in
quantities not less than the quantities in which the
laws of the United States require such liquor to be i'm
ported, and is sold by him in said original casks or
packages, and in said quantities only: provided that
4
son persons from manufacturing in this State liq-
uors for the purpose of being sold according to the
provisions of this act, to be used for mechanical
medicinal purposes
SEC. g. The county Judge Of any county, on the
first Monday Of May annually, shall appoint some
sui able person persons, not more than two in mum
ber residents Of said county, but not both residents
Of the township, to act as agent or agents Of
said county, for the purchase OF intoxicating liquor
ard for the sale thereof within such county for med
cina!, mechanical and sacrementai purposes only.
And the said county Judge may remove such agent
at his pleasure and appoint another in his stead at
such time after such removal as shall be convenient
Every such agent shall hold his office one year unless
sooner removed. lie shall sell such liquor only in one
place, to be designated in the writte certificate to be
given him by the county Judge, and no two asthts
shall be allowed to sell such liquor in the same town.
ship. lie shall in the purchase and in the sale OF
such liquor conform such rules and regulations as
shall be prescribed by said county Judge, not incon
sistent with the provisions Of this act He shall keep
account Of all his purchases and all his
sales specifying in such account the kind and quan-
tity and price Of the liquor bought b. him, the date
Of each purchase made by him. and ihe name OF the
person of whom such purchase was made. the kind
quantity and price IF iqsor sold by him. the date OF
each sale made by him. the name of the purchaser ut
every such sale and the use foi which the lquor on
every such sale sold stated by the purchasers which
account shall be all times open the examination
Of said County Judge. and the grand jurors, and the
prosecuting attorney of such county. He shall when
required by said county Judge account with him re-
galdng all his dealings as such agent, and exhibit
t. him all receipts, bills, books and paper of every
kind relating such dealings, to his accounts. lie
shall sell such liquors at ,uch prices as shall be
prescribed by the county Judge not, however to ex-
coed per cent upon the cost thereof and shall when
required by the county Judge, pay over the proceeds
of hs sales to the county Treasurer, and he shall at
the termination of his agency on the first Monday IN
May; or in he should be sooner removed by the
county Judge he shall as soon after such removal as
ff -ilIIU
he Shall as soon after such reno, al may be, make
a written report to the county Judge verified by his
oath or affirmation, of all his purchases and the cost
thereof and of all his sales and tie proceeds thereof
specifying the number of his sales. and the kinds
sold for each of the purposes of medicinal, mecani
cal and sacrcmental uses, and the quantity and KIND
and the cost Of all liquor remaining on hand at the
time of making such report, and said report shall be
filed in the office of the county Judge. Such agent
shall receive for his servcea fixed and stipulated
compensation, to be Prescribed by the county JUDGE
but Tie amount of such compensation snail not be in
creased by reason of any increase dminution of the
sales Of such liquors by such agent and he shall not
| in any way except one of the inhabitants of the
county be interested in said liquor, in the pur-
chase sale thereof or in the profits thereon And
if any person pu chasing any intoxicating liquors of
such agent shall Intentionally make to such agent
any false statement regarding the use to which such
liquor is intended by the purchaser to be applied,
such person so offending. shall be deemed guilty of y
nsdemeanor. and shall upon conviction thereof,
forfeit and pay fine Of ten dollars. together with
the costs of prosecution and shall stand committed
until the same be paid.
Sec 1. Every such agent shall receive from said
county Judge a certificate authorizing him as agent
Of such county, to sell the place mentioned in such
certificate, Intoxicating liquor for medicinal, mechan-
ical and saCramental purposes oniy but he shall not
receive such certificate exercise his office until he
shall have executed into said county for the of
said county, bond with two sufficient sureties, and
by the county Judge in not less than than one
thousand dollars conditional that il as such agent
he shall sell intoxicating liquor, for medicinal, me-
chanica and sacremental purposes only, and snail IN
all respects conform to the provisions of he law
in relation to his agency and to the law OF this
State relating to the sale of Intoxicating liquors, the
said bond to be void.
See s. Every person who shall manufacture any
intoxicating LIQUOR us this prohibited, SHAH bC
deemed guilty of a misiemeanor, and shall pay, or
his first conviction for said fence, fine OF one hun
dred dollars and the cost of prosecution, and shall
stand committed thirty days unless the fine he soon
or Maid: on his second conviction he shall pay fine
of two hundred dollars and the costs Of prosecution
and shall stand committed sixty days unless the hn'
be sooner paid. And on the third and every subse
auent conviction for said offence, he shall pay fn'
Of two hundred dollars and the costs OF prosecution
and shall be imprisoned in tie county jail ninct,
days.
SEC G. Ifany person by himself, his clerk, seryan
or gent shall for himself any person else, direct
ly indirectly, any pretense OF by any device
SELL or in consideration of the purchase of amy othe
property give tt any other person any Intoxicating
LIQUOR he shall be deemed guilty of misdemeanor
and shall pay, his first con .iction for said offence
fine of twenty dollars and the cost Of prosecution
and shall stand committed ten days unless the sam
he sooner paid the second conviction for SAID OF
fence he shall pay fine Of fifty dollars and the cost
Of prosecution and shall stand committed thirty days
unless the same be paid: and on the third an
every subsequent conviction for said offence he sha
pay fine Of one hundred dollars and the cost Of pros
ecuion and shall be imprisoned in the county jail n,
less than three nor more than six months. fnd 4
default If the payment Of the fines and Gusts provide
for the first and second conviction under tbs sectoI
the person 80 convicted shall not be entitled to the eeI
i ao6S tia C..le until be silail hay