Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1886-04-15
THE NEW LIQUOR LAW.
Act Known ms the Clark Law, and
Now In Force In Iowa.

| AN ACT amendatory OF Chapter l4S OF the Acts
OF the Twentieth General Assembly relating
TO intoxicating liquors, aud providing for the
more effectual suppression OF the Illegal sale
ana transportation OF intoxicating liquors
and abatement OF nuisances.
BE u enacted by the General assembly af he
State Of Iolpai
SECTION l. That actions to enjoin nuisauces
| Us authorized by section IL, of chapter l4S, of
| the acts Of the twentieth general assembly,
may be brought in the name of the state OF
Iowa. by the district or county attorney Of the
| proper county; and shall be the duty OF such
district or county attorney where any such
nuisance exists to institute and prosecute such
action for the abatement thereof; provided,
| however, IL after notice or information given
| him of such nuisance, said district or county
attorney refuse or neglect to bring suit, and
| prosecute the same with reasonable diligence,
| then any citizen residing IN the county may in
stitute and prosecute such action in the name
OF the state for the abatement of such nuisance.
| But nothing In this section shall prevent any
| citizen OF county from instituting and main
tanning in p own name an action under said
section IL, OF said chapter l43, and TO all OF
| such actions whether brought under the pro.
visions OF said section IL, Of said chapter li3,
| or Of this act, the provisions contained In this
| act shall apply All such actions shall be trl-
| able at the first term Of court, after due and
timely notice OF the commencement thereof
| has been given. Evidence Of the general rep
| utation Of the place designated In the petition
| shall be admissible for the purpose OF proving
| the existence of such nuisance, and II success
full In the action, the plaintiff shall be entitled
| to an attorneys fee of not less than twenty
| five dollars, to be taxed and collected rs costs
| against the d,f ,ndant.
SEC. 2, In any such action the court, II In
session, or the judge thereof In vacation, shall,
| upon the demand OF the attorney or party
| charged with the management OF the cause
! for the plaintiff, grant temporary injunction
| xi mt ha ,aln In IN tha
| satisfaction Of the court or Judge, by evidence
| In the form Of ailidavits or otherwise, as the
| court or judge may order, that such nuisance
| actually exists or Is being maintained, and
when the cause Is continued at the instance OF
| the defendant a temporary injunction shall be
issued as matter OF course without bond.
SEC. 8. In case Of the violation OF any In
| junction granted In such action the court, or
In vacation the judge thereof, shall have pow
er to try summary and punish the party or
| pratics guilty thereof, as required by section
! II Of chapter l43 OF the acts Of the twentieth
/ general assembly provided, that II the penalty
| Inflicted for such contempt be Imprisonment
alon>, II shall not be for less than three nor
more than six months, The evidence In such
proceeding or trial for contempt may be IN the
| form of ailidavlts, or upon demand OF either
party the witnesses shall be brought before
the court for examination, and the provisions
Of section 340i OF the code shall not be held to
apply TO persons charged with violating In
| functions issued under TINS act ana tne act 10
which this is amendatory.
SEC. 4. Whoever Is convicted of keeping a
nuisance as provided in section IL OF chapter
| l43, acts OF the twentieth general assembly,
shall pay fine not exceeding one thousand
| dollars, nor less than three hundred dollars,
| and costs of prosecution, and the costs shall
| include q reasonable attorneys fee, to be as
| sessed by the court, and stand committed I'M
| til the fine and costs are paid, and the provis-
ions of chapter AZ, title rs of the code shall
not be applicable to persons committed under
| this section.
SEC. S. II the existence of the nuisance be
established either In criminal or equitable ac-
ton 1t shall be abated under the judgment and
| order of the court, by seizlng and destroying
the liquor therein aud removing from the
building erection, or place, all fixtures, furni-
| ture, vessels, and all movable property, used
in or about the premises In carrying on the UNI
lawful business, and selling the same In man
| ner provided for sale of chattes under cxccu-
| ton, and by securely closing the said building,
| erection or place, as against the use or occu-
patton OF the same for saloon purposes, and
| keeping the Same securely closed for the period
| of one year, unless sooner released as herein
after provided, and any person breaking open
| said building, erection or place, or using the
premises 50 ordered TO be closed, shall be pun
| ished as for contempt as above provided In case
| of the violation of iniunctions provided, how
| ever, that when leasehold premises are ad-
| judged to be nuisance. the owner thereof
| shall have a right to terminate the lease by
| giving three days notice thereof In writing,
! 10 the tenant, and when this Is done the prem
| Uses shall be turned over to the owner upon
the order Of the court or judge. But the re-
| lease OF the property shall be upon the condi-
| ton that the nuisances shall not be continued,
and the return Of the property stall not re-
lease any lien upon said property occasoned
| by any prosecution of the tenant
| SEC. o. The proceeds OF the sale OF the per-
| sonal property as provided in the preceding
section shall be applied: First, In payment OF
| the costs Of the action and abatement; second
ly, to the satisfaction of any fine and costs ad-
| Judged against the proprietor Of the premises
| and keepers Of said nuisance, and the balance
| If any shall be raid TO the defendant.
| SEC. Z. III the owner appear and pay all costs
| of the proceedings and file bond with sure
ties to be approved by the clerk, In the full
| value OF the property, to be ascertained by the
court, or in vacation by the clerk, auditor and
| treasurer of the county, conditioned that he
| will Immediately abate said nuisance and pre-
/ vent the same from being established or kept
| therein within the period OF one year thereaf-
ter the court, or in vacation the judge may, II
| satisfied Of his good faith, order the premises
| taken and closed under the order OF abatement
TO be delivered to said owner and said order
| of abatement cancelled so far as the same re-
| late To said property, and II the proceeding be
an action in equity, and said bond be given
and costs therein paid before Judgment and
/
by abated; provided, however that the release
OF the property under the provisions OF this
| section shall not release 10 from any judgment,
| lien or penalty, or liability, to which It may
| be subject under any other statute or law.
SEC s. In all actions, prosecutions, and pro-
| ceedings under the laws OF this state prohibit
Ing the illegal manufacture and sale OF intoxi-
| eating liquors the finding of SUCH liquors. ex-
cept In the possession OF one legally authorized
to sell the same, or except In a private dwell
| ing house, which does not include, or is not
/ used in connection with tavern, public eat
ing house, restaurant, grocery or other place
| OF public resort, shall be presumptlve evidence
| that such liquors were kept for illegal sale I;
and proof OF actual sale shall be prcs1mptiyc
evidence Of Illegal sale.
SEC o. Any person who shall have been
convicted OF Keeping nuisance under the
| laws prohibiting the illegal sale OF intoxicating
/ LIQUORS, or who shall have been enjoined under
/ the provisions of this act or the act to which
| this is amendatory, and shall again directly or
indirectly engage In such unlawful business,
| of keeping nuisance or selling such liquors
| In violation OF law, In the same or any other
/ county In this State, shall upon CONVICTION
| thereof be punished by Imprisonment In the
/ county Jail not less than three months or more
than one year. But no equitable proceeding,
| order or Judgment shall be construed as
| conviction under the provisions OF this section.
| SEC TO- That section 1853 of the code, as
| amended and substituted by.chaptcr l43 OF the
1 acts Of the Twentieth General Assembly, Dc
| and the same Is hereby repealed and the fol-
| lowing enacted In lieu thereof:
"SEc. 1853. II any express company, rail-
way company, or any agent or person In the
/ employ of any express company or railway
| company, or OF any common carrier, or any
/ person IN the employ OF any common carrier,
or any person knowingly bring within this
State for any person or persons, or Incorporation,
or shall knowingly transport and convey be-
| tween points, or from one place 10 another In
| this State, for any other person or persons or
corporation, any intoxicating liquors without
| first having been furnished certificate from
1 and under the seal OF the county Auditor OF
| the county to which said liquor is to be trans
| ported or Is consigned for transportation, or
| within which 1t Is TO be conveyed from place
to place, certifying that the consignee or per-
son TO whom said liquor Is to be transported,
| conveyed or delveredis authorized TO sell such
intoxicating liquors in such county, such com
pany, corporation or person so Offending,
shall upon conviction thereof, be fined In the
sum OF one hundred dollars for each offense
aud pay cost of prosecution, and the costs
shall include reasonable attorney fee, 70 be
assessed by the court, which shall be paid into
the county fund, and stand committed TO the
county Jail until such fines an costs of prose.
cution are paid The offense herein defined
shall be held to be complete and shall be held
to have been committed In any county OF the
State through or to which said intoxicating
LIQUORS are Transported, or In which the same