The Council Bluffs nonpareil. [volume] (Council Bluffs [Iowa]) 1857-1867, 1857-10-03

LICE Use LAW
AN ACT 70 license and regulate the sale Of Malt spir
ituous and vnous Lquofs, in the State Of Iowa.
SECTION I. Ds enacted By the Geasrsl Assess
bly, Of the STATE II lcra, That the county judge Of
county in this Stats may, Il any regular term Of
the county court, ant and issue license for the sale
who shall comply with the following conditions:
Frsf The applicant for license under this act shall
e with the county judge the petition Of st least
and attested before Justice Of the peace, other
petent officer setting forth that the applicant for liz
ccnse is man Of respectable character and standing,
and praying that license may issue TO him.
Second The applicant shall at the same time lc with
fhe county judge, his bund the county in the Of
Eve Thousand dollars with good and sucent suretes
that during the continuance OF his license
he will not keep notorious disorderly house. that he
will not allow gambling with cards. dice, any other
implements or devices used in gaming, within his house.
or within any Clubhouse yard other premises under
his control for the payment Of all damages, fines and
forfcures which be adudged against him under the
provisions OF this act
Thd The applicant shall pay into the county treas
ury for the use VI the school fund.- to be distributed
the school fund commissioner asother moneys the
dollars at the discretion Of the county judge and die the
treasurers receipt therefor in duplicate with the
ty Judge, before such license shall issue.
SEC. q Said license shall continue in force for one
year. and no longer and license shall issue for less
period than six mouths
SEC. 3. Any person licensed as aforesaid, who shall
other intoxicating drink, any minor, apprentice,
servant, under twentyone years Of age, without the
OF the parent guardian master thereof shall
forfeit and pay for each offence the sum OF twenty-five
dollars, TO the Of such pnrents guardian MASTER
recovered by action Of debt before having
petent jurisdiction.
SEC. 4. ANY person licensed, who shall sell any
Intoxicating liquor to Indian, insane person, i'd
lot, shall be subject to ne OF not less than nifty dol
the school fund the State sued for and
covered before any court OF competent jurisdiction
SEC .. The person licensed snail pay all damages
that community or individuals may sustain in
quence Of said trafc. He shall support all paupers
widows, and orphans, and the expenses Of all civil
and criminal prosecutions growing out Of Justly attr
buable to his said retail traffic in Intoxicating drinks,
damages and to be recovered in
OF Competent jurisdiction by action the bond named
and required in the first section in this act, copy
which, properly authenticated shall be taken evidence
in court OF Justice in this State and IL shall the
duty of the county judge to deliver demand such
copy thereof to any person who Claim to be injured
| by such traffic.
SEC. g. II shall be lawful for any married woman
other person at her request institute and
sustained by herself and children account Of such
traffic, and the money when collected shall be paid
| for the use of herself and children.
SEC. 2. When any person shall become county OF
city charge by reason Of intemperance suit may be
Instituted by the proper authorities the bond any
person licensed under this act, who may have been in
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 recover by similar
tion proport part of said judgment
all persons engaged in said traffic. who may have
given liquor to such person becoming public charge
| to any person committing offence.
SEC g. On the trial Of any suit under the provisions
Of this the foundation which shall
acts or injuries of person persons under the inu-
ence Of liquor ii shall only be necessary, sustain the
to prove that the defendant sold
gave liquor to the person persons intoxicated
der the influence of liquor whose acts injuries
complained Of on that day about that time when said
acts were committed said injuries received; and In
action for damages brought by married woman 9TH
or person whose support legally devoves upon person
disqualified by intemperance from earning the same II
shall only be necessary that the defendant
given sold intoxicating drinks such person in guam
titles sufcsen to produce ntoxcaton, or when under
the influence Of liquor.
SEC. 8. No suit for liquor bills, when sold in guam
titles OF less than five gallons shall be entertained by
court in this State when it shall appear tina
any promissory note, mortgage other obligation upon
which suit is pending, given in whole part
liquor sold in less quantities than five gallons such suit
shall be dismissed at the Of the plaintiff except such
SAFE De ior medicinal mechanical or sacramental pur-
poses
SEC. 10. All persons who shall vend or RETAIL or for
the purpose OF avoiding the provisions this act give
away under any pretext, malt, sprituous vnous IL
quors or 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 convic-
ton thereof shall be fined not less than fifty dollars
more than one thousand be imprisoned exceeding
one year. the county jail be both fined and mpris-
oned and shall be liable in all respects public and
10 individuals the same he would have been had he
given the bond and obtained the license as herein pro-
vided
SEC H. 1t is hereby made the duty fustices Of the
peace and all other competent this State upon
the filing of complaint under OATH when any person
within the Jurisdiction of said court is guilty viola
ton of the provisions Of this act issue forth
with for the arrest Of such complained Of
other cases OF misdemeanor and II upon examination,
the court shall have to believe the party guilty,
he shall be held to answer at the next term Of the Dis
| trIGt court, as in other cases Of misdemeanor
| SEC. L. Ali suits for damages expenses arising
under this act be commenced and before
justice of the peace when damages claimed do not
exceed 500, although the penalty the bond may ex-
coed that amount and the judgment shall be for the DAM
ages proved
SEC. 10. When any person licensed under this act
shall be convicted for any violation Of its provisions,
when judgment for damages expenses herein pro-
vded, rendered against person licensed it shall be
the duty Of the court convcting rendering judy
men to transmit forthwith to the county judge certi-
fed copy of said conviction judgment with state
ment OF the evidence In the which he shall be
| allowed fee Of 81 to be assessed with the costs
SEC. IA. Upon the receipt of the certified copy and
statement mentioned in the 18th cton the county judge
SHALL II he deems the cause sufficient cite the power
appear and show why his license shall be de-
cared forfeited and may in his discretion revoke and
annni sad license No person whose license has been
declared forfeited by the county judge shall be eligible
to receive license within i've years from such forfeit
| ure.
SEC. u.s. All the powers and duties in this act de-
voved upon the county judge, shall belong 10, and be
exercised exclusively the proper authorities any
and all incorporated towns other cities in this State
thortes of such towns and cities hereby
TO make all needu rules pass all necessary ordi-
nafces DEGREES orders to the
act. They may determine what municipal officer shall
receive the petition file the bond receipt and issue
the license in the first section Of this act required:
PFortded h0Derer that such Incorporated cities and
towns may require such additional! be paid for
license under this act to the authorities thereof shall
seem best not exceed dollars which sum-
together with the herein required to be paid into
the county treasury may be paid the treasurer Of
the said city town, who shall same
and his receipt therefor shall be equivalent to the re-
cept OF the treasurer of the county all the purposes
named i'll the first section of this act
SEC. l6 Nothing contained in this act an act enti-
tied can act for the suppression of intemperance,"
approved January ssd 1855 any other act heretofore
passed shall be held prohibit of beer
| ale, wine or cider.
SEC. H. The county Judge any county shall upon
the petition Of one hundred Of the legal voters in said
county, order vote to be taken at any election therein
the question of licensing the sale Of spirituous OF
vinous liquors in this act provided and if majority
OF the legal voters in any county shall vote in
thereof then the proper officer shall proceed liz
cense for such sale herein provided. Thirty days
notice of such election shall be given by proclamation
published in more newspapers published in said
county and If there be newspapers published in the
county, then by posting such proclamation in twelve Of
| the most conspicuous places in said county.
The ballots shall be either written printed For Ii
censc," and against license" and shall be received
counted and returned the ballots county officers
| are now received, counted and returned; Provided
That the question Of license under this shall be sub
mitted the Of county once in any one
year.
SEC. 49, All and parts acts now in force COM
repealed; PROVIDED, That the act entitled an act for
| the of intpmperanceo ye5