Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1888-04-26
Amendments TO the Liquor Law.

AN ACT supplemental TO chapter l43 OF the
acts of the Twentieth General Assembly, and
chapter So of the acts Of the TWenty-iirst
General Assembly, relating To the sale of in-
toxicating liquors and abatement Of nuis-
ances.
Be it enacted by the General Assembly of the
State of Iowa:
Section lin the abatement Of a nuisance as
provided in section ;, of chapter 66, of the acts
Of the Twenty-frst General Assembly, the OIL
| GERS shall be entitled to the same fees for re-
moving and selling the movable property that
he would be for levying on and selling like
property on execution, and for closing and
keeping closed the building, erection or place
as IN said section required, he shall receive
such reasonable fees as the court may allow
All such fees and costs to be paid out of the
proceeds OF the property sold, SO far Us the
same may be available.
Sec I'm any action brought by citizen of
the county, as provided by section l. chapter
"a, of the acts of the Twenty-first General As
senbly, no officer or witness shall he entitled
demand his fees for services or attendance in
advance. And the costs, in case Of failure of
! the prosecution, or inability to collect the same
from the defendant, shall he paid in the same
manner as provided by law for the payment of
fees in the case of criminal prosecutions. But
nothing herein shall prevent the court trying
such action from taxing the costs to the party
bringing the same, in case it appears that the
action was brought maliciously and without
Sec. 3.-In any action to restrain a nuisance
brought under chapter l43, of the acts Of the
Twentieth General Assembly, or chapter 66, of
the acts OF the Twenty-frst General Assembly,
the party entitled under section 2 of said chap
ter G6 Of the acts of the Twenty first General
Assembly, to demand temporary injunction,
shall be entitled, ON such application for tenn
Porary injunction, TO prove the existence of
such nuisance, by alldavts, dispositions or ties.
timony OF witnesses examined orally in court,
at his election, unless the court has by previous
order otherwise fixed the form aud manner of
evidence to be adduccd, provided, however,
that the plaintiff shall serve the defendant or
his counsel with notice OF such application, at
least three days before such hearing.
Sec. 4.-ln any action to eniOn a nuisance
as authorized by section II, of HAPPIER l43, of
The acts OF the Twentieth General Assembly,
and chapter g. OF the acts Of the Twenty-frst
General Assembly, the injunction granted shall
be binding on the party or parties cnjoiucd
throughout the Judicial district in which the
action is brought. And any person enioincd
in such action, who shall while such Injunction
remains in force, again engage in or be in any
manner concerned in the selling, or keeping
for sale. contrary to law, of any Intoxicating
liquor, anywhere within the jurisdiction of the
court, he shall be deemed guilty Of contempt OF
court and punished accordingly.
Sec. BIN all cases of proceedings against
persons charged with contempt for violating
any injunctions, either temporary or perma-
nent, issued or decrccd, under said chapter
lab, acts of the Twentieth General Assembly,
or chapter G6, acts of the Twenty first General
Assembly, or under this act, the court shall
order that the attorney prosecuting or con
Quoting such proceedings against the person
so charged, shall be allowed ten per cent OF
the amount Of the fine assessed against such
person, II a fine be assessed against him, and
the clerk OF the court, when such fine IL paid,
shall pay over TO such attorney the amount
thus allowed him.
See. 6.-That section 1853, OF the code as
substituted and enacted in section 10 Of chap
ter Co. of the acts Of the Twenty-tirst General
Assembly, be amended by striking out the
words, knowingly bring within this state
for any other person or persons or corporation,
or shall knowingly where they occur in said
section, and insert in lieu Of the words so
stricken out, the word " shall, " and that said
section la3i be aud same is further amended
by adding at the end thereof the following:
Provided however that the defendant may
show as a defense hereunder Dy prepondcr-
ancc of evidence that the character and cir
cumstanccs of the shipment amt its contents
we're unknown to him.
Sec 1T shall be unlawful for any common
carrier or other person, to transport or convey
by any means, from point to point or from
one place 10 another within this state, any in
toxicating liquor, unless the vessel, or other
package containing such liquors, shall be
plainly and correctly labelled or marked, show
ing the quantity and kind Of liquor contained
therein, as well as the name of the party to
whom IL is 10 be delivered, and no person shall
be authorized TO receive or keep such liquors
unless the same be marked or labeled as here
in required The violation OF any provision Of
this section, by any common carrier or any
agent, or empoye Of such carrier or any other
person, shall be punished the same as provided
in section 1853, as substituted and enacted in
section 10, chapter G6, acts of the Twenty-tirst
General Assembly for the violation Of the pro-
visions OF that section, and liquors conveyed
or transported, or delivered without being
marked OF, labelled rs herein required, wheth-
er in the Hands of the carrier or some one to
whom il shall have been delivered, shall be
subject 10 seizure and condemnation as liquor