The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1888-04-26

Than lis or le- osn .o :.ny raIef required 10
be- signed by this ACT. or INK. airy false state
mciii hi any paper Or application signed 10 pro
fure liquors under this ACT. The person ~ Of
Tending shall IT, deemed guilty OF INSIDE
meaarr, and upon conviction Thereof shall be
punished BY d iirc 81 NOT less 80 iaen.y dol
larsl nor more thar 500 zone hundred dollars
and cost Of prosecution and shall he commit
ted until said tine and cos are raii. or be- i'm
prisoned not less than ten nor more than tEir-
~ days. II any permit holder or his clerk
shall make false oath touching any matter re-
quired To be sworn To under the provisions Of
this act. the person so offending shall, upon
conviction thereof, bc punished a provided by
law for perjury.
Ii any person holding a permit under this
law shall purchase or procure any Intoxicating
liquors otherwise than authorized ~ this act,
or in any larger quantities THAN shall he stated
In the county auditors certificate obtained ~
him for that purpose, or make ANY false return
to the county auditor, or use any request Tor
liquors for more than one sale or the coanty
auditors certificate for purchasing liquors for
more than one purchase, in any Of such cases
he shall be deemed guilty OF misdemeanor
and upon conviction. punished accordingly.
Sec. 0.-That sections 1924. 1875, l52s. los,
1922 1890. 1881, I5s. lif3, 1874, 1885, lJ,6, 1857
and la'S Of the code OF 1918 rs amended BY
chapter l43 Of tho acts Of the Twentieth Gen
eral Assembly and all that part of section two
(2) chapter eighty three tsjl, acts OF the Iwen-
ty-first General Assembly after the words
..medicnes and poisons" In the fifth line
thereof be and the same Is hereby repealed,
and by inserting after the word poison in the
fifth line Of section two chapter eightv-three,
acts OF the Twcnty-firsi General Assembly. the
following words. excepting Intoxicating IL
quors, provided that nothing in This act shall
be construed IL aiafc Any aetian or proceeding
nov pending in any court in Til, state for a VI
OlaiiDn of tile provisions Of the sections hereby
repealed or to operate to bar any prosecutions
hereafter brought for any violations admitted
prior to the passage and taking effect Of this
act.
Sec. 2l.-That section /, chapter IS. Of the
acts of the Eighteenth General Assembly be
and the same Is hereby amended BY striking
out the words for medicinal use except as
hereinafter provided at the eud of said Sec
ton aud inserting in lieu thereof the words
land any person violating The provisions Of
this section shall be liable to pay Il penalty Of
i've dollars for each day Of such violation and
cost Of prosecution
Suits brought to recover any of the penalties
provided for in this act or the acts to which
II Is amendatory shall he instructed In the
name Of the state of Iowa bs the county attor-
ney CT under the direction aud by the authori-
ty of the commissioners OF pharmacy for the
| State OF Iowa. IN all eases brought under
this act or the acts to which it is amendatory,
| the prosecution need not prove that the de
fendant has rot the required pharmacy GER
i
such certificate he must produce it.
Sec. aa.-inat section 4, chapter - Of Tho
acts Of the Eighteenth General Assembly bc
and the same Il hereby amended, by striking
out the words "a duplicate Of which i 70 bs
Kept in the secretary of the states office III
the second and third lines Of said section.
See. 23--This act being deemed of inmedi
ate Importance shall take effect and be in
force from and after its publication in til,
Iowa State Register and Des Moines Leader
newspapers published in Dies Moines, Iowa.
Approved April 18th. 1888
Amendments 10 the Llqnor Law.
AN ACT supplemental 10 chapter li3 Of til,
acts OF the Twentieth General Assembly, m,
chapter nj Of the acts VI the IWcnty-tirs
General Assembly, relating IL the sale of In
toxica'ing liquors and abatement Of nuts
ances.
~ it enacted by the General Assembly of tn,
State of Iowa:
provided in section 5, of chapter &C. of the act.
OF the Twenty-first General Assembly. the Off
GERS shall BIZ entitled to the same fees for re
moving and selling the movable property tha
he would be for lcvying on aud selling lik,
property on execution, and for closing ant
keeping closed the building, erection or place
as IN said section required, he shall rcceiv.
such reasonable fees as the court may allow
All such fees and costs to be paid out Of III,
proceeds Of the property sold, So far as III,
same may be available.
Sec. 2.-ln any action brought by citizen O
the county, as provided by section l, chapte
Gf, Of the acts Of the Twenty-frst General AS
sembly. no officer or witness shall be entitlc,
demand his fees for services or attendance il
advance. And the costs, in case Of failure 0
the prosecution, or inability to collect the sam
from the defendant, shall be paid in the sam
manner as provided by law for the payment o
fees In the case Of criminal prosecutions. Blu
nothing herein shall prevent the court tryin!
such action from taxing the costs to the part.
bringing the same, in case ii appears that tn
action was brought maliciously and withOu
probable cause.
Sec. BIN any action to restrain nuisance
brought uncer chapter lab. of the acts Of tn
Twentieth General Assembly or chapter &C, O
the acts Of the 1wenty-first General Assembly
the party entitled under section 2. Of said chap
ter G6, Of the acts OF the Twenty first Genera
Assembly, to demand temporary injunction
shall be entitled, on such application for tenn
porary injunction, to prove the existence Q
such nuisance, by afiidavits, dispositions or ties
timony Of witnesses examined orally in court
ut his election, unless the court has by previou
order otherwise fixed the form aud manner O
evidence to be addueed, provided, however
that the plaintiff shall serve the defendant o
his counsel with notice of such application, q
; least three days before such hearing.
Sec lin any action 10 enjoin nuisanc
as authorized By section II, Of chapter lab, o
the acts Of the Twentieth General Assembly
anu, chapter 10, Oh the acts VI the lWcnty-flfS
. General Assembly, the injunction granted shal
be binding on the party or parties enjoine
throughout the judicial district In which th
action Is brought. And any person enjoine,
| In such action, who shall while such injunction
remains In force, again engage In or be In an
manner concerned in the selling, or keeping
for sale. contrary to law, OF any intoxicating
liquor, anywhere within the jurisdiction Of tn
court, he shall be deemed guilty Of contempt o
) court and punished accordingly.
Sec. 5.--ln all cases OF proceedings agains
persons charged with contempt for yiolatiD
. any injunctions, either temporary or perma
nent, issued or dccrecd, under said chaptc
: l43, acts of the Twentieth General Assembly
!, or chapter g. acts Of the Twenty-tirst Genera
Assembly, or under this act, The court shall
order that the attorney prosecuting or cor
Quoting such proceedings against the perso
: 10 charged, shall be allowed ten per cent G
the amount of the fine assessed against sue
person, IL a fine be assessed against him, an
tile clerk of the court when such fine II paiC
shall pay over TO such attorney the amour
thus allowed him.
Sec. THAT section 1853, Of the code q
: substituted and enacted in section 10 Of chaE
: ter VI, Of the acts Of the Twenty-first Genera
!. Assembly, be amended by striking out th
!, words, knowingly bring within this stat
for any other person or persons or corporation
9 or shall knowingly" where they occur in sal
4 section, and insert in lieu OF the words 6
stricken out the word !" shall, y and that sal
i | sanfinn 1Sssl la and cal ic fnrfhar amanda