Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1888-04-26


icattng liquors within the last two years next
proceeding hls application and Is not the
keeper Of hotel, eating house, saloon, res
taurant or place OF public amusement; that
he is sot addicted TO the use Of intoxicating
iiquoJp as n beverage and has not within the
last swo years next preceding his application,
been directly or indirectly engaged, employed
or interested in the unlawful manufacture.
sale or keeping for sale OF intoxicating liquors,
Iand that he desires permit 10 purchase, keep
and sell such liquors Tor lawful purposes only.
Soc. 4-This permit or renewal thereof shall
Issue only on condition that the applicant shall
execute ~ the state Of Iowa, bond In the
penal sum of one thousand dollars with good
| and sufficient suretieS to bc approved by the
clerk of the court, conditioned that he will well
and auly observe and obey the laws OF Iowa
now and hereafter In force in relation 10 the
snlo of intoxicating liquors; that be will pay
all hneS, penalties, damages and costs thai
may be assessed or recovered against him for
a violation of such laws during the term for
which said permit OF renewal thereof IS
granted.
Said bond shall be for the use and benefit Of
any person or persons who may be injured or
damaged by reason of any violation Of the law
RELAXING 90 intoxicating liquors purchased,
sold en- given away during the term for which
said permit or renewal thereof is granted The
said bond shall be deposited with the county
auditor, and suit shail be brought thereon at
auy time by the county attorney or any person
Tor whose benefit the same is given, and in
case me conditions thereof or any of them
shall b. violated, the principal aud surcties
therodn shall also be Jointly and scverally liza
BILE for all civil damages costs and judgments
that may be obtained against the principal in
any civil action brought hy wife, child, par
cnt, guardian, employer or other person, UNI
der the provisions OF section fifteen hundred
and fiftysiy, fifteen hundred aud ffty.seven
and fifteen hundred and eight Of the code
of Iowa, the same is amended and now IN
force, and section twelve, chapter sxty-sX
acts ~ the TweHty-irst general assembly Of
the state Of Iowa.
All other money collected for breaches Of
such bond shall go 70 the school fund Of the
county.
Said bond shall be approved 10y the clerk OF
the district court under the rules and laws APP
plicabe ~ the approval Of official bonds.
see. 5.--At least ten days before the first
day ~ the term the applicant shall file with
the clerk in support of the application, a pcti-
tiOu signed by Ouc-third OF the freehold voters
of the township, Incorporated town, city or
ward IN which the permit Is To be used, and
each person aforesaid shall sign said petition
by his own true name and signature, and state
that each, before signing the same, has read
petinon aud understands the contents and
meaning there OF, and is well and personally
acquainted with tho applicant that the ap-
plicant is resident Of the county, Is over
twcntJ-onc years Of age, is OF good moral
character, rrputcd 10 b. law-abiuing, and has
not boon found guilty Of violating the law re-
lating 70 intoxicating liquors in any proceed
ing at law or in equity within the last two
years next proceeding the date OF his appica-
ton rs far as the petitioner has knowledge or
information and is not in the habit Of using
Intoxicating liquors rs u beverage; and that
tho permit prayed for IS necessary for the con
venicncc aud accommodation Of the people of
said locality and that they believe that the APP
pltcont is worthy OF confidence and will observe
the laws governing permitted persons in con
duchng the dispCnsation Of liquors. On or
hcfoir o'clock a. M. of the first day of the
term any resident Of the county may file n re-
nonsrancc against granting the permit appll-
ed for, which must show the residence, sex
and ago of the person signing it and the
grounds OF objection to granting the permit.
ScS. 6.--No application for q permit or re-
ncwal thereof shall he considered or acted
upon by the court until the requisite notice
has been given aud petitions filed rs provided
by this act and each Is in form and substance
such as required. On the first day of the
term, having asccrtaincd that The application
Is properly presented the Cour shall proceed
10 bear the application, unless objection there
To he made in which ease the court shall ap-
point day during the term, but not later,
when the same shall be heard, aud in doing 50
shall consider the convenience ut the court,
and The interested parties aud their counsel so
far as the state OF the business and the ncCcs-
slties OF the case will permit. If uuayoida.
bio Causes prevent hearing during the rcgu-
lar time allotted to the term, the same shall be
heard and disposed of in vacation by the Judge
as soon as practicable thereafter.
The county attorney, or other counsel or
anyeihEcn may in person or lay counsel ap.
pear and resist the application and whether
resisHsu or objection be made or not the court
shall not grant the permit until il shall first
ne maue ~ appear 10y competent evidence that
the applicant is possessed OF the character and
qualifications requisite, is worthy Of conf
dcnce and TO receive the trust and viii be like
ly To execute the same with fidelity; and that
in the statements made In his application and
the petition of residents arc all aud singular
true, and considering the population Of the 10
calisy and the reasonable necessities and Cun-
yeuiencc OF the people such permit is proper
TX the application Is resisted the court OF Judge
shall hear controversy upon the petitions, re-.
monstranccs and objections, and the evidence
offered, and grant or refuse such permit, rs
the public good may require III there hc
moro rhan ono permit applied fnr in the same
locality, then shall all be- hoard mt the same
time, anless for good cause Otherwise directed
and the court may grant or refuse any or all
OF the applications, as will best subscrVc the
public interest.
See. T.-1f the application for The permit or
reneval thereof is granted, IL shall not issue
until the applicant shall make aud subscribe
an oath before the clerk which shall be in
dCrscd npon the bond to the effect and tenor
following:
II .................... do solemnly swear
Tor affirm that will well and truly perform
all and singular the conditions of the within
bond, and keep and perform the trust conidrd
In me 10 purchase, keep and sell Intoxicating
liquors. will not sell, give or furnish to any
person any intoxicating liquors otherwise than
as provided by law, and especially, | will not
sell or furnish any intoxicating liquors to any
person who Is not known to me personally or
duly identified, nor 10 any minor, intoxicated
person or persons who are in the habit of be-
coming intoxicated, and will make true, full
and accurate returns OF all certificates and re-
quests made To or received by me as required
by law; and said returns shall sh Nv every sale
and delivery made Of such liquor made by or
FOR me during the month embraced therein,
and the true signature 10 every request rccciy-
Cd and granted; and such returns shall show
all the intoxicating liquors sold or delivered to
any and every person rs returned"
Upon taking said oath and filing bond MS
hcrcfnbefOrc provided, the clerk shall issue 10
him permit authorizing him to Keep and sell
Intoxicating liquors MS in this act provided
and every permit so granted shall specify the
building, giving street and number or location
In which intoxicating liquors may hr sold by
virtue of the same, and The length Of time the
same shall he in force, which ia no case shall
exceed twelve months
Sec S-PcrmtS granted under this act shall
he deemed trusts rcpOscd In the REGIMENTS
thereof, not aS a matter of right hut Of conf.
dcnce, and may he revoked upon sufficient
showing by order Of the court or Judge thereof
Complaint may be presented at any time TO
the district court or one Of the Judges thereof
which shall be In writing and signed and sworn
TO Try three citizens Of the county in which the
permit WAS granted, and copy Of such com
plant shall, with notice in writing OF the
time and place Of hearing be served on the ac-