The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1881-03-04

SEC. "A. Every person who shall, by the
sale, barter or gift of Intoxicating
liquors, cause the intoxication Of any
compelled to pay. reasonable compensation
to any person who may take charge of, and
provide for, such intoxicated person. and 8
per day in addition thereto forevery day such
intoxicated person shall be kept IN c0nse.
Quence of such intoxication. to be recovered
by civil action in any Court having jurtsdic.
SEC u.s. Every wife. child, parent, guardian,
or employer, or other person, who shall be
injured in person or property. or means of
support, by any intoxicated person. or in
consequence OF tntoxicatiOn, habitual or 9TH
erwise, of any person, such wife, child, par
emit or guardian shall have a right of action,
IN ms or ner own name, against any person
. VINO snan, BY selling. bartering or giving in
tlon OF such person, for all damages actually
sustained, as well as for exemplary damages;
and married woman shall have the right to
bring suits, prosecute and control the same,
and the amount recovered, the same as If UNI
married; and all damages recovered by q
minor under this act shall be paid either to
such minor or to his or her parents guardian
or next friend, as the court shall direct: and
all suits for damages under this act shall be
by civil action in any of the courts of this State
having jurisdiction thereof.
SEC. l6. Every person who shall, directly or
indirectly, keep or maintain, by himself or by
associating or combining with Others, or who
shall in any manner aid assist or aber in keep
place In which any intoxicating liquor is re-
ceived or kept for the purpose of use, gift,
Darter, or sale as beverage, or for distribG-
ton or division among the members of any
club or association by any means whatever:
and every person who shall use, barter, sell or
give away, or assist, or abet another in barter
ing, selling or giving away, any Intoxicating
liquors SO received or kept, shall be deemed
guilty of a miSdemeanor, and upon conviction
thereof shall be punished by fine of not less
than one hundred dollars nor more than five
hundred dollars, or by imprisonment in the
county Jail not less than thirty days nor more
than six months.
SEC. II. The giving away of intoxicating
liquor, or any shifts or device to evade the
provisions of this act, shall be deemed an un-
lawful selling within the provisions of this act.
SEC. Is. ALI fines and costs assessed against
any person or persons for any violation of
this act shall be a lien upon the real estate of
such person or persons until paid; and in
case any person or persons shall let or lease
any building or premises, and shall knowing.
~ suffer the same to be used and occupied
+ the sale of Intoxicating liquor, contrary to
the provisions Of this act, the premises SO
leased and occupied shall be subject to a lien
for and may be sold to pay all fines and costs
assessed against any such occupant for any
violation OF this act; and such liens may be
enforced by civil action i'll any court having
jurisdiction: prorided, that the person
against whom such fines and costs are as
sessed shall be committed to the Jail OF the
county until such fines and costs are paid.
SEC. 49, 1t shall be unlawful for any person
W ScLlnIOAlCdJcu, anu every person IOuNU
a state of intoxication SHALL upon conviction
thereof, before any Justice of the Peace, be
fined in the sum of five dollars, or be impris-
oned in the County Jail not exceeding ten
days.
SEC. 90. Whenever application is made to
the Probate Judge for n permit to manufac-
ture or to sell Intoxicating liquors, under the
provisions of this act, he shall notify the
County Attorney thereof, and thereupOn such
County Attorney shall appear and advise
with said Probate Judge, with reference to
the issuance of said permit and the approval
OF the bond. No person who shall inform of
ofenses under this act, or make complaint
therefor, shall be liable for the costs incurred
in such prosecution, unless the court or jury
trying the case shall find and determine that
such prosecution was malicious and without
probable cause.
SEC. 81. In ali prosecutions under this act,
by Indictment or otherwise, IL shall not be
necessary to state the kind of liquor manufac-
tured or sold, but shall be necessary to de-
scribe the place where sold, and it shall not
be necessary to state the name of the person
to whom sold and in all cases the person or
persons to whom such Intoxicating liquors
shall be sold in violation of this act, shall be
competent witnesses to prove such fact, or
any other fact tending thereto. And the mem
bers. shareholders or associates in any club
Or association mentioned in section sixteen of
this act shall be competent witnesses to prove
any violation OF the provisions of said section,
or of this act, or of any fact tending thereto.
SEC. %. 1t shall be and is hereby made the
duty of all courts of this State, before whom a
grand jury is summoned, to charge such
grand jury especially concerning this act, and
to direct said jury to inquire particularly of
SEC. %. Chapter g. of the General Statutes
OF 1868, and all acts and parts of acts in con-
fiict with this act, are hereby repealed.
SEC: "a. This act shall be Immediately, pub
liShed in the official State paper, and take eff.
feet and be in force from and after the first
day of May, A. d. 1881.