Iowa voter. [volume] (Knoxville, Iowa) 1867-1874, 1869-07-08

nne OF one hundred dollars ana cOStS OF
/ prosecutions: and the Court trying the
case shall render Judgment against the
defendant for the fine and costs, and
the Defendant shall stand committed
\ to the County Jail mt the rate author
lied by the laws of the State until the
! fine and costs are paid or the defend
ant discharged by due course of law.
| Ali clerks. servants, agents and en-
! ployees of such druggists who shall
| make any sale of intoxicating liquor
| contrary to the provisions of this Sec
| ton shall be charged and convicted in
| the same manner as principals may be,
and shall be subject to the penalties in
prosecution under this section against
| the principal it shall be no defense
| that the clerk, servant, agent or en-
! pIovee made the sale and has been
prosecuted therefor; nor in any prose-
cutiOn under this, section against the
clerk, servant, agent or employee for a
sale by such clerk, servant. agent or
| employee shall it be any defense that
his principal has been prosecuted
| therefor.
SEC. 6. No person shall own or
keep. or be in any way concerned, en-
gagged or employed i'm owning orkeep-
| 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 i'm 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 vi Keeping SUCH liquor, ale,
wine or lager beer with any such in
tent shall be deemed guilty of a INSIDE
meanor, and shall, on his first cOnvic-
ton for said offence, pay a 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 in
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
a tavern, 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. 7. In case of violation of the
provisions of either of the sections
hereof numbered three, four and six,
the building or erection of whatever
kind in or upon which such unlawful
sale or manufacture, or keeping with
intent to sell, of any Intoxicating liq-
uor, ale, wine or lager beeris carried on,
or continued, or exists, is hereby de-
clared q nuisance, and may be abated
as Ordinance provides, and in addition
to the penalties i'm 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 i'm said sections, shall be deemed
guilty Of a 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,
i'm 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 offense provided for in
this section.
SEC. 8. Ifany person shall be found
within the city in a 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 take such 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
i'm the manner provided by Ordinance
proceed to try such person, and if
found guilty he shall pay 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
charged, upon his making and filing,
under oath, before the proper officer, an
information against the person Of whom
he purchased or received the liquor or
substance which produced the intoX-
icatiOn, where and when the same was
obtained, and the name and character
thereof, prOpided, that the Mayor shall
in no case have the power to remit the
fine or any portion thereof in convic-
tons under this section when it shall
appear that the liquor or substance
that produced the intoxication was not
purchased or obtained within the said
City. .r...us..t
Sec. 8. In any information arising
under this Ordinance, it shall not be
necessary to set out exactly the kind or
quantity of Intoxicating liquors man
ufactured or sold, or kept for purposes
of sale, nor the exact time Of the man
ufacture, or sale, or keeping with the
intent to sell but proof of the violation
by the accused of any provision of this
Ordinance, the substance of which vi
olation is briefly set forth in said in
formation, shall be sufficient to con-
Wet such person; nor shall it be nee
essary in any information to negative
any exceptions contained in the en-
acting clause, or elsewhere, which may
be proper ground of defense; and in
any prosecution for second or subse-
quent offense, as provided in this Or
dinance, it shall not be requisite to set
forth i'm the information the record of
former conviction. but it shall be
sufficient briefly to allege such convic-
ton; nor shall it be necessary in every
case to prove payment order to prove
sale within the true meaning and
intent of this Ordinance, and the per-
son purchasing any Intoxicating liquor
sold in violation of this Ordinance,
ohall in al csseS no a com not tent wit