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


taurant or place Of public amusement. tha.
he II not addicted To the use Of Intoxicating
liquors a. beverage aud has not within I'LL.
last two years next preceding bis application.
been directly or indirectly engaged. employed
or interested In the unlawful Haaufatt ure
salc or keeping for sale OF intoxicating liquors
aud that he desires permit to purchase, keel,
and sell such liquors for lawful purposes ONLY
Sec. 4.-This permit or renewal thereof shall
issue only on condition that the applicant shall
execute to the state Of Iowa. a 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 truly observe and obey the laws Of Iowa
now and hereafter in force Ia relation TO til.
sale Of intoxicating liquors; that he will pay
all fines. penalties, damages and costs that
may be assessed or recovered against him for
violation OF such laws during the. term for
which said permit or renewal thereof is
granted.
Said bond shall be for the use and benefit Of
any person or persons who may he injured or
damaged by reason Of any violation Of the law
relating to Intoxicating liquors purchased
sold Or given away during the term for which
said permit or renewal thereof is granted. The
said bond shall he deposited with the county
auditor, and suit shall bc brought thereon ut
any time by the county attorney, or an, person
for whose benefit the same is given, and III
ease the conditions thereof or any Of them
shall be violated, the principal and snretcs
ble for all eiyilsiamages, costs and judgments
that may be obtained against the principal In
any civil action brought by a wife, child, par
ent. guardian. employer or other person, I'M
der the provisions Of section fifteen hundred
and fiity-sig. fifteen hundred and iifty-seyen
and fifteen hundred and tiity-cight of the code
Of Iowa, rs the same is amended and now In
force, and section twelve, chapter siNts-siS.
acts OF the Twenty-.rst general assembly Of
the state Of Iowa.
afb COLI far Irf.. of
such bond shall 70 10 the school fund OF the
county,
Said bond shall be approved 10y the clerk of
the district court under the rules and laws APP
peable to the approval Of official bonds.
See. 5.-At least ten days bsfore the FIRST
day Of the term the applicant shall file with
the clerk in support Of the application, a petit
ton signed BY onr-t 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
petition and understands the contents and
meaning there of, and is well and personally
acquainted with the applicant, that the ap-
i'lcant Is 4 Resident OF the county. Is over
twenty-one years OF age, is of good moral
character. r.putcd to be law- abiding, and has
not been found guilty Of violating the law re-
lating II intosieatin. liquors in any proceed
inc at law or in equity within the last two
49,
ton AS far A. the petitioner has knowledge or
information and is not il the habit Of using
Intoxicating liquors as beverage: and that
the permit prayed for is necessary for the con-
ven.cnec and accommodation of the people OF
said locality and that tioy believe that the aI,-
plicant is worthy OF confidence and will observe,
the laws governing permitted persons in con-
Quoting the dispcnsation of liquors. On or
before o'clock a. III. Of the first dav of the
term any resident Of the county may file q re-
ed for, which must show the residence, sex
and age Of the person signing it and the
grounds Of objection % granting the permit
See. 6.-No application for 4 permit or re-
neval three. shall be considered acted
upon by the court until the requisite notice
has been given and petitions filed as provided
by this act. and each Is in form and substance
such rs required. On the first Jay of the
term, having ascertained that the application
Is properly presented the court shall proceed
TO bear the application, unless objection there
10 be made, iii which case the court shall APP
point day during the term, but lot later,
when the same shall be heard; and in doing 50
shall consider the convenience Of the court,
and the interested parties and their counsel So
far az the state of the business and the ncccs-
stiles Of the case will permit. ii nnavoida-
BILE causes prevent hearing during the regu
lar time allotted to the term, the same shall be
heard and disposed OF in vacation b, the Judge
US socn as practicable thereafter.
mt county attDFHcS, OF Olnef COUNSEL or
any citizen may in person or by counsel ap
pear and resist the application, and ~hcthe,
resisted Or Objection be made or not the court
shall not grant the permit until Il shall first
ne made to appear by competent evidence thai
the applicant Is possessed Of the character an,
qualifications requisite, Is worthy Of cont
dence and to receive the trust and will be like
~ 70 execute the samc with fidelity; and thai
i'll the statements made in his application and
the petition of residents are all and singular
true, and considering the population Of the 10
cality and the reasonable necessities and con
venience of the people such permit is proper
II the application is resisted the court or judy,
shall hear controversy upon the petitions, ~
mOnstrances and objections, and the ctdcn.,
offered, and grant or refuse such permit, 4,
the public good may require. Ii there b,
more than one permit applied for in the sam,
locality, then shall all be heard at The same
time, unless for good cause otherwise directed
and the court may grant or refuse any or all
Of the applications, as will best subseise III,
public interest.
Sec. 7.-lf the application Tor the permit OF
renewal thereof is granted, il shall not issi,'
until the applicant shall make and slhscril,,
an oath before the clerk, which shall be- in
dorsed upon the bond 10 the effect aud tenor
following:
II ................. do solemniy swear
Tor affirm tia, will well and truly perform
all and singular the conditions Of the within
bond, and Keep and perform the trust conlide,
In me to purchase, keep and sell intuxisatin.
liquors. / will not SELL give or furnish 10 an,
person any intoxicating liquors otherwise than
as provided by law, and, especially, will no
sell or furnish any Intoxicating liquors To an,
person who is not known to me PERSONAL, ol
duly identified, nor to any minor, in'oxcate,
person or persons who are in the habit OF h'
coming intoxicated; and will make true, FIJI
and accurate returns Of all certificates aud RI
quests made 10 or received by ms as require,
by law ; and said returns shall 81 ~ every sal
and delivery made Of such liquor made b, D
for me during the month embraced therein
and the true signature to every request receiy
ed and granted; and such returns shall sioy
all the Intoxicating liquors sold or delivered Il
any and every rtsspn rcturncd.''
Upon taking said oath and filing bond a
hereinbefore provided, the clerk shall issue L
him permit authorizing him tn keep and sci
Intoxicating liquors as in thit act provided
and every permit so granted shall specify til
building, giving street and number or location
in which Intoxicating liquors may hc sold u
virtue OF the same, and the length vi time III
same shall be In force, which in no case sha
exceed twelve months.
Sec. 8.--Pcrinits granted under this act shal
be deemed trusts rcpOst.d in the recipient
thereof, not Us a matter Of right hut of conf
dcnce, and may TIC revoked upon suilicicn
showing by order Of the court or Judge thereof
Complaint may be presented nj any time I
the district court or one Of the Judge, thereof
which shall be In writing and signed and swor
to by three citizens Of the county in which III
permit was granted and copy of such COO
plant shall, with notice IN writing Of Ill
time and place Of hearin. lie served TN the IL