The Council Bluffs nonpareil. [volume] (Council Bluffs [Iowa]) 1857-1867, 1857-09-19

| LICENSE LAW.
i AN ACT toicense "a resulats me sais 4 x.n sDr
ituous ard vinoas Lissprs in ne STATE Z ST. ~, sp
sEcTi0x I. 1eH sasetsd 81 a. Geo., -.
Sy q s :. S'.se e iosss, THAI tie sssnly js1s
the county court, grant and issue =. NJ ~
q mari. Spurious md yinous Liquors g sny pefso
WIG ss shall r comply with the following sssdioos
fnW Inc applicant for license pnr,er this act shall
ale with the county Judge the pcs ~ Il twelve
the township in uica 10 Iesdss ssnet
anu before Justice OF the pescs, or other com
maj. q ~ Sc nd standing
anC praying that license may issue 70 him.
SECOND the applicant shall the same time nle will
five thousand dollars, with nod and suicient suretie
souiiohed tnat during continuance q MS license
ns VIII hot Keep Notorious Of disordery house. that
VIII not allow gambling with cards, dice or any othe
implements devices used in gaming, within his house
or within any clubhouse, yard or other premises unde
ms control; for the payment Of oil damages fines an.
forfciures which may be adjudged against him under thu
provisions OF this set.
Third The applicant shall pay into the county treas
the use the school fund.- be distributed b.
the school fund commissioner other moneys the sun
OF not loss one hundred than ave hunre,
dollars the discretion Of the county judge and file tn
receipt therefor in duplicate with the coun
/ ~ judge, before such license shall issue.
SEC O. Said license shall continue in force for on,
year. and no longer and no license shall issue fr les
| period than six months ~ IS - -
Sec 8. Any person licensed as aforesaid who shal
sell or give any malt spirtuous or vnous liquors
ether intoxicating drink, TO any minor apprentice q
servant under twenty-one years Of age without the
OF the parent guardian master thereof shali
forfeit and pay for each offence the sum OF TWENTY-FIVE
dollars to the use Of such parents; guardian or ser
by action Of debt before any court
/ petent jurisdiction sr15s
SEC T. Any person so licensed, who shall sell any
Intoxicating liquor to any Indian insane person. Or i'd
o sha DC subject to fine Of not less than MY do-
lars Tor each such offence, which said ID shall be paid
into the school fund of the State to be ed for and
covered before any court Of competent jurisdiction
SEC O. The person 20 licensed snail pay ~ damages
That community individuals may sustain in coIse-
quence OF said traffic. He shall support all paupers
widows and orphans and pay the expenses IT all civil
ana criminal growing out Of Q. Justly attr
butaoe TO DIS said retail rac in intoxicating drinks,
SAID damages and expenses 10 be recovered in
OF competent Jurisdiction by the bond named
and required in the FIRST section in this act, copy
which, properly authenticated shall Be taken in evidence
in court OF justice in this State, and it shall be the
duty Ut the county judge TO deliver demand such
copy thereof to any person who may claim to be injured
| by such traffic.
SEC. g. II shall be lawful any married woman or
any other person at her request to institute main
tain IN hes own name suit any such bond for all dam
ages sustained by herself and children such
traffic and the when collected shall paid over
for the use OF herself and children.
/ SEC. T. When any person shall become q county OF
city charge, by Of intemperance, suit may
Instituted by the proper authorities the bond any
person licensed under this act, who may been
the habit of selling giving Intoxicating liquor the
person becoming public charge: Provided That the
person against whom judgment may be rendered under
the provisions Of this act, may by similar
tion apI~rtonate part Of sadjudgment from any and
all persons engaged in said traic who have sold
given liquor to such person becoming public charge,
10 any person committing offence.
SEC g. On the trial of any suit under the provisions
OF this act the cause foundation which shall be
acts or injuries Of persons under the
encc Of liquor it shall only be necessary sustain
action to that the defendant defendants sold
n into
der the influence Of liquor, whose injuries are
complained Of on that day about that time when said
acts were committed said injuries received; AMI in
action for damages brought by married woman 9TH
or person whose support legally deyoves upon
disqualified by inemperance from earning the same, il
shall only be necessary to that the defendant
given sold intoxicating drinks 70 such person in GUAM
titles sufficient to produce intoxcaon, when under
| the innuenceof liquor. e
SEC. 8. No suit for liquor bills when sold in GUAM
titles Of less than i've gallons, shall be entertained b.
any court in this State and when it shall appear. tn
any promissory note, mortgage other obligation spd
which suit is pending, given in whole part for
liquor sold in less quantities than five gallons, such suit
shall be dismissed at the Of the plaintiff except such
sale be Tor medicinal mechanical sacramental pur-
| poses.
| SEC 10. All persons who shall vend or RETAIL or for
the of avoiding the provisions Of this act give
away under any pretext, malt, sprituous vnous Ii
quors any intoxicating drink, without first having
complied with the conditions and obtained license
forth in the first section thereof shall for each offence
be deemed guilty of msdemeanor, and upon conyc-
ton thereof shall be fined not less fifty dollars
more than thousand, be imprisoned exceeding
one year. in the county jail be both fined and imprs-
oned and shall be liable in all respects to the public and
to individuals the he would been had he
given the bond and obtained the license herein pro-
vided
SEC H. is hereby made the duty of justices of the
peace and all other competent courts of this State
the filing of complaint under oath, when any person
within the jurisdiction Of said court is guilty a viola
ton Of the provisions Of this act to issue FORTH
with for the arrest Of such person complained Of in
other Of msdemeanor, and If upon examination,
the court shall have reason to believe the party guilty
he shall be held answer at the next the
| trict court, as in other cases of misdemeanor.
SEC. II. All suits for damages expenses arising
under this act be commenced and
justice OF the peace, when the damages claimed do
exceed $780, although the penalty in the bond may
coed that amount and the judgment shall be for the DAM
| ages proved.
| SEC. l3 When any person licensed under this act
shall be convicted for violation OF its provisions,
when judgment for damages expenses herein pro-
vded rendered against person licensed il shall be
the duty Of the convcting rendering judy
ment to transmit forthwith to the county judge csfi-
fed copy of said conviction or Judgment with state
en OF the evidence In the for which he shall be
allowed fee of ST. to be assessed with the costs.
| SEC H. Upon the receipt of the certified copy and
statement mentioned in the 18th scon the county judge
shall, il he deems the sufficient cite the power
appear and show cause why his license shall not be de-
clared forfeited and may in his discretion revoke
annu said license. No person whose license has been
declared forfeited by the county judge shall be eligible
To receive license within five from such forfeit
| ure
1
volved upon the county judge, shall belong to- and
exercised exclusively by the proper authorities any
and all incorporated towns other cities this State
within the Incorporated limits thereof; and the
thores of such towns and cities hereby
to make all needfu rules and pass all necessary
hance DEGREES or orders tn carry out the intent Of this
act. They may determine what municipal officer shall
receive the petition, file the bond and receipt and issue
the license in the first section Of this act required;
Prortded houerer, that such incorporated cities and
towns may require such additional to be paid for
license under this act to the authorities thereof shall
seem best not u exceed Thousand dollars which sum-
together with the sum herein required be paid into
the county treasury may be paid to the treasurer
the said city or town. who shall account the same
and his receipt therefor shall be equivalent the re-
eep of the treasurer Of the county for all the purposes
| named In the first section Of this act.
SEC Is. Nothing contained this act or an act enti-
tied ian act for the suppression of ntemperance,"
approved January 22d 1855 any other act heretofore
passed. shall be held prohibit Of beer
| ale, wine or cider.
SEC. II. The county Judge of any county SHALL upon
the petition OF one hundred of the legal said
county order vote To be taken any election therein
upon the question Of licensing the sale of spiritous or
vn"us liquors as in this act provided and il majority
OF the legal voters in county shall vote in favor
thereof then the proper officer shall proceed issue Ii
cense for such sale herein provided, Thirty DAVIS
notice OF such election shall he given by proclamation
published IN one or more newspapers published said
county, and If there be newspapers published in the
county then by posting such proclamation in twelve
| the most conspicuous places in said county.
The ballots shall be either written or printed "For Ii
cense," and Against license" shall be received
counted and returned as the ballots for county officers
are now received, counted and returned; Prorided
That the question Of license under this act shall be sub
miited to the voters Of any county but any one
year.
SEC IS. All acts and parts Of in force COM
ing in conflict with the provisions OF this act are hereby
repealed; Prorided That the act entitled an act for
the suppression Of intemperance" approved January
22d 1855 be not and Is not by this repealed in any
county of this State unless the people county by
vote taken herein provided, shall adopt this act
SEC. 49, This shall be in force from and after its
publication in the Iowa Capital Reporter City
Republican. IA
APPROVED January o. 1857
certify that the foregoing published in the
Iowa City Republican, February 90 1857, and in the
Iowa Capital Reporter, February 49, 1857
4