The Davenport daily gazette. [volume] (Davenport, Iowa) 1856-1869, 1857-02-18
L,ssas. Law.
4 MI y a - - lkssdos aAA ssgllaes ~
sals 81 nslt, spititueas md vioeus lieusrs
in the stats 81 leva.

In The otate 81 lewa.
Sec. |, De It enacted ~ Ms Gsnersl A.
e,Htly cf ~ &t11sJ los, Thstthe Cesn-
y Judge n any county In this Btate. nay
II any regular Aerm ofsthe CoantS CoArt,
grant and issue hcenee for the sale Of
malt, spirit0cus and vtnAes liqtors, tosaay1
person who shall comply with the follow.
ing conditions:
/. The applicant for license under this
act shall 6le with the Couaty Judge the Pc
,tion Of al least twelve freehclders Of the
tox nship in which he residce, signed and
t,tested before Justice OF the Peace or
other competent officer. setting forth tina;
the applicant for license . a man OF re-
spectacle character and standing aud
citizen OF this State, aud praying that Ii
cense may issue to him.
,. The applicant shall at the same time
die with the County Judge, his bond 10 the
county, in the sum OF 5000 dollars, with
rood aud sufficient sureties, conditioned that |
during the continuance Of his license he |
will not keep a notorious or disorderly |
house, that he will not allow gambling with
cards, dice. or any other implements or de-
vices used in gaming. within his house, or ,
in any out house, yard or other premises
under his control, and for the payment Of
sil damages, fines and forfeiturss which
may be adiudged against him under the
provisions OF this act.
,. The applicant shall pay into the eoan-
~ treasury the cum OF not Lees than NIFTY
dollars, nor more than 100 dollars, and die
the Treasursr's receipt therefor, In dupE-
cate. with the County Judge, before such
license shall issue.
Sec 2. Said license shall continue In
force for one year and no longer, and no IT,
censs ehall issue for . less period than six
months Provided that the County Judge
may, in his discretion, refuse 10 grant II
cense to an applicant. Notwithstanding the
conditions herein named may be complied
with, and mas revoke any license granted
under this act, as hereinafter provided
Sec. 8. Any person licensed As aforesaid,
who shall sell or give any malt, sPirituoas
,r vinous liquors, or other Intoxicating
drink to any minor. apprentice or servant,
under Al years Of age, without the consent
OF the parent, guardian or master thereof,
shall forfeit and pay for each offence the
| sum OF twepty-6v dollars, TO the Ise OF
such parent, guardian or master, TO be re-
covered b. action Of debt, before any court
having competent jurisdiction.
| Sec. 1. Any person SO licensed who
shall cell any intoxicating liquor to any In
| dian, insane person, or IDIOT, shall be sub.
iect 10 fine Of not less than FIFTY dollars
| for each such offence, which said fine shall
be paid into the school fund Of the State,
/ 10 be sued for and recovered before any
court Of competent jurisdiction.
Sec. s. The person SO licensed shall pay
all damages that community or ind vidns!s
| may sustaih in consequence OF his said
trsfic--he shall support all paupers, wiaows
and orphans and pay the expenses of all
civil and criminal prosecutions growing cut
/ of or Justly attributable to his said retail
usfFic in intoxicating drinks. said damages
aad expenses to be recovered in any court
OF competent jurisdiction BY an action on
the bond named and required 10 the hrst
section of this act, copy OF which, prop.
esly authenticated, shall be taken in evi-
dence in all courts of justice IN the Slate
and il shall be the duty OF the County
Judge to deliver on demand, such a copy
thereof to any person who may claim to be
| injured by such traffic.
SEC. g. IL shall be lawful tor any mar
Tried woman, or any other person for her use,
| to institute and maintain in her own name,
suit on any such bond for all damages
sustained BY herself or children on account
of such traffic, and the money when collect
ed shall be paid over to her for the use OF
herself and children.
SEo. J. When any person shall become
county or city charge by reason Of intern
perance, suit may be instituted BY the
proper authorizes on the bond of any per-
son licensed under this act who may have
been in the habit of selling or giving intox.
icaiing liquor TO the person so becoming
pubic charge. provided that the person a.
gainst whom judgment may be rendered
under the provisions OF this act. may reeoy-
er, by similar action. proportionate part Of
! said Judgment, from any and oil persons en-
gagged in said traffic, who may have sold or
given liquor to any such becoming q public
charge, Or to any person committing an Of
fencs
Sec. 8. On the triai-oi any suit under
| this act. the cause or foundation of which
shall be the acts or injuries Of person or
persons under the influence Of liquor, j, shall
only be necessary to sustain the action to
prove that the defendant or defendants sold
or gave liquor to the person or persons so
| intoxicated, or under the influence Of liquor
whose acts or Injuries are complained of on
that day or about that time, when said
acts were committed or said injuries re-
ceived; and in an action for damages brough.
BY married womsn, or other person whose
support legally devoiyes upon person die.
qualified BY intempersnce from earning the
same, it shall only be necessary to prove
that the defendant has given or sold intoxi.
eating drinks 10 such person 10 quantities
sufhcie mt TO produce intoxicstion, or when
under the Influence Of liquor,
Sec. 9. No suit for liquor bills, when
sold in quantities less than Eve gallons,
shall be entertained BY any court in this
State and when j, shall appear that any
Promissory note, mortgage, OF other obEga-
! ton. upon which a suit Is pending, was CIV
en- in whole or in part for liquor sold in /, IS
quantities than five gallons, such suit shall
be dismissed At the cost of the plaintiff, ex.
cept such sale be for mechanical, medicinal
| or sacramentai purposes only
SEC. 10, All persons who shall vend O.
| re tail, or for the purpose Of avoiding the
provisions OF this act give away. under nv
| pretexti rialt, spirtuous or yinous liquors
| or any intoxicating drink, without first hay
| rig complied with the conditions and oh.
tanned license, as set forth In 6rst section
hereof, shall, for each offence, be deemed
! guilty ola misdemean0r, and upon coBvic-
ton thereof, shall be fined not less than fl.
! " dollars, nor more than one thous md dol.
| lnrS, or in prisonment not more than one
year in the county jaii--snd shall be Liable,
| in ailrespects, TO the public and individuals,
| the same as he would have been had mr.
given the bond and obtained the license as
herein provided.
| SEC. IL. II is hereby made the duty OF
justices Of the pace, and all other comp e.
tent courts OF this State, upon the fling of
complaint under oath, that any person with
in the Jurisdiction of said court il guilty Of
a violation Of the provisions of this scI, o
issue q warrant forthwith for the srres, o,
such person complained Of, as in other ca.
% Of misdemssnor; and il upon examia,.
| ion the court shall have reason TO believe
the party guilty, he shall be held to ans yer
Al the next term Of the District Court, as in
other eases Of misdemeanor.
SEC, IL. AL suits for damages or OK.
pensss arising under this act may be com.
menced and prosecuted before 4 justice OF
the peace, when the damages clsimed do
not exceed 300, although the penalty in
the bond may exceed that amouni-snd he
judgment shall be for the damages proved.
Sec. Is. When sny person licensed IN.
L A.s -. = II -