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

AN ACT % license and regulate the sale Of Nalt Sp
ituous and yinous Liquors, In the State Of Iowa,

AN ACT 70 license and regulate the sale Of Halt Spir.
ituoas and yinsus Liquors, In the State Of Iowa.
j. e. ..1 = ssess ss e 8. Sss .s :
any county in this 5aAe may = ny regular term Of
the county court Grant md Issue csase for the sale
S. ssm1 IL
Firs The appjicS for license undef this act shall
ie with the county jadgs the petionof ct least twelve
ans atiesed bess iS.tcs os "a eesc. UsSer
potent ocer, setting forth that the applicant for IL
10 man u respectable character and standing,
Second Tie s1psican, sn., Al the same time ale with
fe county judge his bond TO the county in the Of
ve thoussad dollars, with good and sucent sureties
he will keep Notorious or disorderly house. that be
will not allow gzmbling with cards, dice, any other
implements or devices used in ganng within his house,
his control; for the payment Of all damages, fines and
forfeturcs which be adudsed against him under the
provisions Of this set
ury for the the school fund.- to be distributed
the school fund commissioner other moneys the
OF not less that hundred than Ave hundred
dollars at the discretion Of the county judge and e the
treasurers receipt therefor in duplicate with the
ty judge, before such license shall issue. 80
SEC. 2 Said license shall continue In force for
period than six months
SEC. 3. Any person licensed as Aforesaid who shall
sell or give any malt spiruous, or vinous liquors,
other Intoxicating drink any minor apprentice,
servant, under twentyone years Of age without the
consent Of the parent guardian master thereof shall
forfeit and pay for each offence the sum Of twenty-five
dollars to the Of such parents guardian master,
by action of debt before court having
petent jurisdiction.
SEC. L. Any person 80 licensed, who shall sell any
Intoxicating liquor to any Indian, insane person. i'd
lot shall be subject to fine of not less than fty dol
lars for each such offence which said fine shall paid
into the school fund Of the State to be sued for and
covered before any court Of competent Jurisdiction
SEC 8. The person licensed snail pay all damages
that community individuals may sustain in conse-
quence Of said traffic. He shall support all paupers,
widows, and orphans and pay the expenses Of all civil
and criminal prosecutions growing out Of justly att
buable to bis said retail traffic in intoxicating drinks,
said damages aud expenses to be cred in court
Of Competent Jurisdiction by action the bond named
and required in the first section in this act copy Of
which, properly shall be taken in evidence
In court OF justice in this State and it shall be the
duty Of the county judge " deliver demand such a
copy thereof to any person no may claim to be injured
| BY such trafic.
SEC s. 1t shall be lawful for any married woman,
other person at her request institute MAIN
tain IN her own name suit on any such bond for all dam
sustained by herself children on account such
traffic, and the money when collected shall be paid
| for the use OF herself and children.
SEC. Z. When any person shall become a county OF
city charge by Of intempcrancc, suit may be
instituted by the proper authorities the bond any
person licensed under this act, who may have been III
the habit OF selling giving intoxicating liquor the
person becoming publiccharg Provided That the
person against whom judgment may be rendered under
the provisions Of this act, by similar
ton aproportionate part Of saidudgment from any and
1
given liquor to such person becoming public charge
| to any person committing an offence. ... .-....
SEC g. On the trial Of suit under the provisions
of this act the foundation Of which shall be
acts or injuries of person persons under the inu-
Of liquor it shall only be necessary sustain the
action prove that the defendant defendants sold
gave liquor to the 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 or 9TH
or person whose support legally devoves upon
disqualified by intemperance from earning the same
shall only be necessary to that the defendant
given sold intoxicating drinks person
titles sufeient TO produce intoxcaton when under
| the influence Of liquor r.r
/ SEC. g. No suit for liquor bills, when sold in quan-
titles Of less than five gallons shall be entertained by
any court in this State, and when it shall appear that
which suit is pending, given in whole part for
liquor sold in less quantities than five gallons such suit
shall be dismissed the plaintiff except such
sale be for medicinal mechanical or sacramental pur-
| poses.
SEC. 10. All persons who shall vend or RETAIL or for
the purpose of avoiding the provisions Of this act give
away under preteXt malt, sprituous vnous liz
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 misdemeanor, and upon convc-
ton thereof shall be fined not less than fifty dollars
more than thousand be imprisoned exceeding
year. in the county JAIL fined and iprs-
oned and shall be liable in all respects to the public and
to individuals the same he would have been had he
given the bond and obtained the license herein pro-
| vided. -..
SEC H. II is hereby made the duty justices Of the
peace and all other competent this State
the filing of complaint under OATH when any person
within the Jurisdiction Of said court is guilty of aviola
ton OF the provisions Of this act to issue warrant forth
with for the arrest Of such person complained Of
other of misdemeanor and if upon examination
the court shall have to believe the party guilty
he shall be held to at the next term Of the Dis
trict court, as in otherc Cases Of misdemeanor. ~
SEC. r. All suits for damages expenses arising
under this act may be commenced and before
justice Of the peace, when the damages claimed do
exceed 500. although the penalty in the bond may
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-
vided rendered against person licensed, it shall be
the duty Of the court convcting rendering judg-
mcn to transmit forthwith to the county judge cert
hed copy OF said conviction or judgment, with state
ment of the evidence In the for which he shall
allowed fee of g. to be assessed with the costs.
SEC. H. Upon the receipt OF the certified copy and
statement mentioned in the 18th scton the county judge
SHALL if he deems the sufficient cite the power
appear and show why his license shall not be de-
cared forfeited and may in his discretion revoke and
annul said license. No person whose license has been
declared forfeited by the county judge shall be eligible
to receive license within i've from such Forfeit
SEC. Is. All the powers and duties in this act, de-
voved upon the county judge shall belong and be
exercised exclusively by the proper authorities of
and all Incorporated towns other cities this State
within the Incorporated limits thereof; and the au-
hortes of such towns and cities hereby
To make all needfu rules and pass all necessary oi
nanees DEGREES orders to carry ont the intent this
act They may determine what municipal officer shall
receive the petition, file the bond and receipt and issue
the license as in the first section of this required
Provided hOreuer 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 to exceed thousand which sum-
together with the herein required to be paid into
the county treasury may be paid to the treasurer Of
the said city town. who shall the same
and his receipt therefor shall be equivalent the
cep OF the treasurer OF the county for all the purposes
named in the first section Of this act
SEC 16. Nothing contained in this act an act ent-
tied ian act FOR the suppression of intemperance"
approved January 22 1856 any other act
passed. shall be held to 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
the question OF licensing sale Of or
vnous liquors as in this act provided and majority
inc esa voters IN any county shall vote in favor
cense for such sale herein provided Thirty day s
notice Of such election shall be given by proclamation
published in one or more newspapers published said
county, and if there be newspapers published the
county, then by posting such proclamation twelve
| the most conspicuous places in said county,
The ballots shall be either written or printed "For liz
cense, and against license and shall be received,
counted and returned the ballots for county officers
are now received, counted and returned; Provided,
That the question Of license under act shall be
mted " the voters OF any county but in any
| year.
SEC. 49, All acts and parts Of acts now in force COM
ing in conflict with the provisions this act are hereby
repealed Provided That the entitled 'an act for
the suppression of ntemperance," approved January
I'D 1850 be not and is not by this repealed in any
county this State unless the people county by
vote taken herein provided shall adopt this act
SEC. 49, This act shall be in force after its
publication in the Iowa Capital Reporter and Iowa City
Republican. @
| APPROVED January 90 1857.
certify that the foregoing was published in the
Iowa City Republican February TO- 1857, and In the
Iowa Capital Reporter, February 10, 1857.
| ELIJAH SELLS,
| Secretary of State.