Iowa voter. [volume] (Knoxville, Iowa) 1867-1874, 1869-07-15

n.
sale by such clerk, servant, agent or
employee shall it be any defense that
his principal has been prosecuted
SEC. 6. No person shall own or
keep, or be in any way concerned, en-
gagged or employed in owning or keep.
ing any intoxicating liquor. ale, wine
or lager beer with intent to sell the
same in this City, Tor permit the same
to be sold therein) in violation OF the
provisions of this Ordinance; and any
person who shall so own or keep, or be
concerned or engaged or employed in
owning or keeping such liquor, ale,
wine or lager beer with any such in
tent shall be deemed guilty of a misde-
meanor, and shall, on his first convic-
ton for said offence, pay fine of not
less than twenty dollars nor more than
| fifty dollars and the costs of prosecu-
ton, and upon every subsequent con-
viction he shall pay fine of not less
than fifty dollars nor more than one
| hundred dollars and costs of prosecu-
ton. And upon the trial of every i'm
| formation for violations of the provi-
sions of this section, proof of the find
! ing of the liquor, wine, ale or lager
beer, named in the information, in the
possession of the accused in any place
except his private dwelling house or
| its dependencies, Tor in such dwelling
house or dependencies, if the same be
.avern, public eating house, grocery,
or other place of public resort, shall
be received and acted upon by the
Court as presumptive evidence that
such liquor, wine, ale or lager beer
was kept or held for sale contrary to
the provisions of this Ordinance.
| SEC. Z. In case of a violation of the
provisions of either of the sections
hereof numbered three, four and six,
the building or erection of whatever
kind in orupOn which such unlawful
/ sale or manufacture, or keeping with
intent to sell, of any Intoxicating liq-
nor, ale, wine or lagerbeeris carried on,
or continued, or exists, is hereby de-
clared nuisance, and may be abated
as Ordinance provides, and in addition
to the penalties in said sections, who
ever shall erect or establish, or contin-
ne or use any building, erection or
place for any Of the purposes prohibit
ed in said sections, shall be deemed
guilty of nuisance, and may be pros
ecuted and punished accordingly in
the manner provided by Ordinance.
And proof of the manufacture, sale, or
keeping with intent to sell of any in
toxicating liquor, ale, wine or lager
| beer in violation of the provisions Of
said sections hereof or either of them,
in or upon the premises described, by
the party accused, or by any other
person under the authority or by the
! permission of the party accused, shall
be deemed sufficient as presumptive
evidence Of the otfense provided for in
this section.
SEC. 8. If any person shall be found
within the city in state of intoxica-
ton, he shall be deemed guilty of a
misdemeanor, and the Marshal may,
without warrant, and it is hereby made
his duty to takesuch person into GUS
tody and detain him in the City GALA
boose until such time as he is in suit
able condition for trial, when he shall
take such person before the Mayor who
shall upon complaint of the Marshal
in the manner provided by Ordinance
proceed to try such person, and if
found guilty he shall pay a fine of not
less than five dollars nor more than
twenty dollars and the costs of prose-
cution. But the Mayor before whom
such person is tried and convicted,
may remit all or any portion of such
fine, and order the prisoner to be dis
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obtained, and the name and character
thereof, provided, that the Mayor shall
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ufacture, or SAFE, OF keeping Win the
intent to sell, but proof OF the violation
by the accused OF any provision OF TINS
ORDINANCES, the substance or which VI
Olation is briefly set forth In said In
formation, shall be sufhcient TO con-
Wet such person; nor shall 1t be necr
essary In any information to negative
any executions contained In the en-
acting clause, or elsewhere, which may
he nroner ground Of defense: and ia
any prosecution for second or subse-
ouent offense, as provided in this Or
dinance, it shall not be requisite to set