Burlington tri-weekly hawk-eye. [volume] (Burlington [Iowa]) 1852-1855, 1855-02-27
AN ACT
For the Suppression Of f'Intemperance.
SECTION /. Be 1t enacted by the General
Assen. bly ofthr State OF Lo,ra; No person

For The suppression Of Intemperance.
SECTION l. Be it enacted bv the Genera
Assembly ot.th- State Of Io,cd: No person
shall manufaetu or sell BY hmself, his cieik stew
ard or agent, directly or Indirectly, any noxicatn,
liquors except as reinafer provided. And the keep
ing OF intoxicating liquor with the INTENT on he par
Of the owner thereof or any person acting under hi
authority or by his permission to sell the within
this State, contrary the provisions of this act, il
hereby prohibited and the intoxicating liuu rs s,
Kept together with the vessels in which il 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, or in this act shall be construed t,
forbid the making f cider from apples, fruit:
grown gathered by the manufactu er, or thescine
Of such cider or wine if made in the State) by the
maker thereof provided only, that the quantity sold
at any one time be not not less than five gallons, and
| be stld and be all taken away at one time.
| SEC. 2. Nothing in this act shall be construed to
forbid the sale by the importer the cof of foreign in
toxcating liquor imported under the authority of the
laws OF the United States regarding the importation
of such liquors and in accoidaneee with such laws;
provided that the said liquor at the time If 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 uny provided that
nothing contained in this law shall prevent any per
sun or persons from manufacturing in this State iq-
uors for the purpose Of being sold according to the
provisions of this act to be used for mechanical or
medicinal purposes.
SEc. 3. 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 NUN
bur- residents of said county, but not both residents
of the same township, to act agent agents IF
said county for the purchase Of intoxicating liquor
and for the sale thereof within such county, for med
Icinal, mechanical and sacremental 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 shall be convenient.
Every such agent shall hold his Office year unless
removed. He shall sell such liquor only in
place. to be designated iu the written certificate to be
given him by the county Judge, and two az nts
shall De allowed to sell such liquor in the town
ship. He shall in the purchase and in the sale of
such liquor conform to such rules and regulations as
shall be prescribed by said county Judge, not incon
ssent with the Of this He shall keep
accurate account of all his purchases, and all his
sales, specifying in such account the kind and guam
tity and price Of the liquor bon... him. the date
Of each purchase made by him, and the name of the
person If whom such purchase was made. the kind
quantity and price # qaor sold by him, the date of
each sale made by him, the name of the purchaser at
every SUI h sale and the use for which the liquor on
every such sale sold as stated by the purchaser; which
account shall be at all times open to the examnat ton
| Of said County Judgeand the grand jurors and the
prosecuting attorney of such county. lie shall hen
required by said county Judge account with him re-
garding all his dealings such agent, and exhibit
t him all receipts, bills, books and paper of every
kind relating to such dealings to his accounts uc
shall sell such liquors at uch prices as shall be
p escribed by the county Judge, not, however to
ceed per upon the cost thereof and sha! when
required by the county judge pay over the proceeds
of his sales to the county Treasurer and he shall at
the termination of his agency on the first Monday in
May; III case he should be sooner removed by the
county Judge, he shall after such removal
may be, make written report to tn, county Judge
he shall after such removal as may be. make
a written report to the county Judge verified by his
oath affirmation, OF all his purchases and the cost
thereof. aud of all his sales and TIE proceeds thereof.
specf ying the number Of his sales and the kinds
sold for each of the purposes of medicinal, meehan
cal, and sacrementa and the quantity and kind
ana the cost of all liquor remaining on hand at the
time of making such report and said report shall lie
| filed in the office of the county judge Such agent
| shall receive for his services fx,d and stipulated
compensate to b. pre,cr bed by the county Judge;
but the amount of such compensation shall not be n-
creased by reason of any increase dminuton uf the
sales Of such liquors 10y such agent, and he shall not
| in any way except as one of the inhabitants Of the
county be interested ir said liquor, or in the pur-
chase sale thereof, in the profits thereon And
if any person pu cha ing any intoxicating liquors of
| such agent shall intentionally make to such agent
any false statement regarding the to which such
liquor is intended by the purchaser to be applied,
such person offending shall be deemed guilty of
In sdemeanor. 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. f. Every such agent shall receive from said
county Judge. certificate authorizing him agent
of such county to sell the place mentioned in such
certificate, intoxicating liquor for medicinal, meehan-
cal and sacramenta purposes oniy but he shall not
receive such certificate or exercise his otce until ne
shall have executed into said county for the use OF
said county, bond, with two sufficient suretes, and
by the county Judge. in sum not less than than one
thousand dollars. conditional that if as such agent.
he shall sell int xicatng liquor for medicinal, me-
rhancal and sacremental purposes only and shall in
| all respects conform to the provisions OF he law
in relation to his agency and to the law of thi,
State relating to the sale Of intoxicating liquors. the
said bond to be void
SEC. 5. Every person who shall manufacture any
intoxicating liquor in this act prohibited, shall b.
deemed guilty of a msdemeanor, and shall pay on
his first conviction for srd fence, fine Of one hun
ded dollars and the Of prosecution. and shall
stand committed thirty days unless the fine he soon
or paid; on his cond conviction he shall pay fine
of two hundred dollars the costs of prosecution,
and shall stand committed sixty days unless the fine
| be sooner paid. Aud the third and every subse
auent conviction for said offence, he shall pay fine
of Two hundred dollars and the costs of prosecution
and shall be imprisoned IN = county Ja'i ninety
days.
i SEC G. If any person by himself, his clerk servant
or AGENT shall for himself any person ese, direct
ly indirectly, any pretense or by any device
SELL or in consideration OF the purchase oI any oneI
property give to any other person any intoxicating
LIQUOR he shall BE- deemed guilty Of misdemeanor,
and shall pay, his first iction for said offence,
fire Of twenty dollars and the cost of prosecution
and shall stand committed ten days unless the same
he paid; the second conviction for SAID OF
fence he shall pay fine Of fifty dollars and the costs
Of and shall stand committed thirty days
unless the same be sooner paid aud the third and
every subsequent conviction for said offence he shall
pa, e Of one hundred dollars and the cost OF pros
ecuton and shall be imprisoned in the county Jail NJ"
| ess than three nor more than six months. Pnd II
default If the payment of the fines and costs provided
for the FIRST and second conviction under this section
the person convicted shall not be entitled TO the fe