Burlington tri-weekly hawk-eye. [volume] (Burlington [Iowa]) 1852-1855, 1855-03-03
AN ACT
For the Supprcssion Of Intemperance.
SECTION !. Be II enacted By the Genera
A&Sen.btu Offhx Nfnfe Of IO1rn. M narso,

/ #~s*#ss
SECTION /. Be it enacted By the Genera
assembly Of the State Of Iotca: No perso
shall mahuia. tu or sell by himself, his celk stew
ard or agent, directly or indirectly. any intoxicatin
liquors except as hereinafter provided And the kee,
ing OF intoxicating liquor with the intent ON he pal
of the owner thereof, or any person acting under hi
authority. or by his permission cell The same With
thus State, contral to the provisions If this act
hereby prohibited, and the intoxicating LIQUORS =
kept together with the vessels in which it is contain
cd, is sdecfared q nuisance and shall be forfeited
and dealt with as is hereinafter provided
ale' porter, lager beer. cider, and ali wine
are included among intoxicating liquors within tn
meaning of this act: Provided however, that nohn.
In this section, or in this act, shall be construed 4
forbid the making cf cider from apples, or wine fruit
grown or gathered by the manufactu err theselln.
Of such cider wine (if made in the STATED bv th
maker thereof, provided only, that the quantity sole
at any time be not not less than five gallons ant
be sold and be all taken away at one time.
SEC. 2. Nothing in this act shall be construed Il
forbid the sale by the importer thci eof Of foreign in
toxicatng liquor imported under the authority of the
laws of the United States regarding the import alton
OF such liquors and in acco, dancee with such laws
provided that the said liquor, at the time If said
sale by said importers remains in the original casks
or packages in which it was by him imported, aud in
quantities not less than the quantities which the
laws Of the United States require such liquor to be i'm
ported, and is sold BY him in saii original casks or
packages, and in said quantities only provided that
/
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. 3. The county Judge Of any county, on the
| first Monday of May annually, shall appoint some
sui able person persons not than i've in nun
br, residents OF said county, but not both residents
OF the same township, to act as agent agents of
said county, for the purchase of intoxicating liquor
and for the sale thereof within such county, for med
al my Outv
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 one year unless
sooner removed. He shall sell such liquor only in
place. to be designated in the written certificate to be
given him by the county Judge, and no two as.nts
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 to such rules and regulations
shall be prescribed by said county Judge not incon
sisent with the prov siuns of this act lie shall keep
an accurate account Of all his purchases, and all his
sales. specifying in such account the kind and guam
tty and price Of the lqpor bought b. him, the date
Of each purchase made by him, and the name of the
person If whom such purchase was made. the kind
quantity ard price If qsm sold by him, the date of
each sale made by him, the Of the purchaser at
every SUI sale and the use for which the liquor on
every such sale sold stated by the purchaser; which
account shall be at all times open to the examination
of said County and the grand jurors, ard the
prosecuting attorney Of such county. lie shall when
required by said county judge account with him re-
ding all his dca ings as such agent, and exhibit
him all receipts bills books and paper Of every
kind relating to such dealings to his accounts lie
shall sell such liquors ut uch prices as shall be
escrbed by the county Judge not. however to ex-
coed per cent upon the cast thereof and shall when
required by the county Judge, pay the proceeds
If his sales to the county Treasurer and he shall
the termination Of his agency the first Monday in
May; in case he should be sooner removed by the
county Judge, be shall as soon after such removal
may be. make written report to tn, county Judge,
he shall as soon after such reno, nj may be, MAX
a written report to the county Judge verified by his
cath 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, mechani
cal and sacremental uses and the quantity ard kind
and the cost Of all liquor remaining 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 services fixed AMI stipulated
compensation, to be precrbad by the county Judge;
but the amount of such compensation shall not be in
creased by Of any increase dmnution Of the
sales Of such liquors by such agent and he shalt not
in any way except as one OF the inhabitants Ut the
county. be interested in said liquor in the pur
chase or sale thereof, 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
misdemeanor. and shall uIon 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. 4. Every such agent shall reccive from said
county Judge certificate authorizing him as agsnt
Of such county, to sell at the place mentioned in such
certificate intoxicating liquor for medicinal, mechan
ical and sacramental purposes only; but he shall not
receive such certificate exercise bis office until he
shall have executed into said county for the use OF
said county. bond with two sufficient sureties, and
by the county Judge in sum not less than than one
thousand dollars Conditional that if as such agent
he shall sell int xeaiing liquor for incidental me-
hanica and sacremental purposes only, and shall IN
! all respects conform to the provisions OF ne law
| in relation to his agency and to the law OF this
State relating the sale Of Intoxicating liquors, the
said bond to be void.
SEC. s. Every person who shall manufacture any
intoxicating liquor. in this act prohibited, shall b.
deemed guilty # mislemeanor, and shall pay, on
his first conviction for said fence, fine of one hun
dr,d dollars and the cost Of prosecution. and shall
stand committed thirty days unless the fine he soon
er paid; on his s. 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. And on the third and every snbse-
auent conviction for said offence, be shall pay fine
Of two hundred dollars and the costs of prosecution.
and shall be imprisoned in re county jail ninety
days.
Sec 6. Ifany person by himself, his clerk, servant
or gent shall for himself, any person etse direct
indirectly, or on any pretense or by any device,
SELL in consideration Of the purchase OF any other
property. give e any other person any Intoxicating
liquor, he shall be deemed guilty OF inisdemeanor,
and shall pay, his first iction for said offence,
a fine of twenty dollars and the cost of prosecution,
and shall stand committed ten days unless the same
lie paid; the second conviction for SAID OF
fence he shall pay.a fine Of fifty dollars and the costs
If prosecution, and shall stand committed thirty days
unless the same be paid and ON the third and
every subsequent conviction for said offence he shall
pa, h Of one hundred dollars and the cost OF pros
ard hall bx,i
| ess than three nor more than six months. fnd in
default # 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 Rem