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The New Liquor Law

The New Liquor Law image
Parent Issue
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cont:nued. There hall also be annexed to eaah bond required by tbis act an affidavit of each suietv thereto, which affidavit shall state that the affiant is notengaged either as principal, agent or servant in the sale of any liquors mentioned in ttais act, that he is not a surety upon any other bond required by the provisions of this act, that he is a male resident and freeholder of the town ship, village or city in wbich such bond is offered, and that he does not hold any elective orappointive office in any couniy, Tillage or township oL this State, and that he is worth in reul estaie, situveJ wi'.hin the county in which such business is proposed to be camed on, a sum equal to the amount of the bond over and above all indebtedness and exemptions trom sale on executions, and if, in the judgment of the township boord or [the] board of trustee?, the council or common counoil of the villge or city in which said business is proposed to be carried on, said sureties, or either of them, are not worth the full sum mentioned in said bond over and above all their liabilities and exemptions, or it the principal of said bond is known by said township board or the board of trustees, or common council of the village or city to be a person whose character and habits would render him or her an unfit person to conduct the business of selling liqtior, they, the said township board or board ot trustees, the council or common council of the village or city, as the case may be, shall refuse to endorse said bond with their approval. Suoh bond shall not be received by the county treasurer unless the approval thereof by the township board or the board of trust es, ths council or ommon council of the village or ciiy shall be dulv certiSed thereon in writins, by the clerk or recording officer of such town8hip, village or city, and the principal shall not be allowed to st-ll spirituous, malt, brewed, fermented, or vinous liquort., in any other building or place than that speciSed in said bond, without giving notice and executing another bond in the manner above prescribed. A new bond shall be required by the county treasurer with whom such bond was originally 61ed, in case of the death, insolvenoy, or removal of either of the sureties, and in any other contingency that he snall determine requires it. And it shall not be lawfnl for any person to sell any of the 1 quora mentioned in sections one and two of this act, after being notified by the couniy treasnrer to procure a new bond, until said bond shall have been executed, approved by the proper board, and tiled with the county treasurer, and any sl made in violation of this secti c shall b a misdemeanor, and shall be punished as provided in section six of this act; and in all actions brought upon said bond for damages by reason of the violation of any of the provisions thereof the phintiff in such action shall, in the eveut of recovering a judgment of any amount, also recover his CO8ts of suit. The notice herein provided for shall be served and returned by the sheriff of the county, who shall receive from the county for such services the same fees as are allowed by aw for the service of original writs fr m the circuit court. Seo. 9. One-half of U moneys paid to any coucty treasurer uader the proviions of this act, after deducting his fees as herein provided, shall be by him placed to the credit of the town.-hip, village or city from which the same was collected, nd shall be by Euch county treasurer paid over, on demand to the treasurer of such township, village or city to be applied as other general fundí. The remainder of all moneys so received by any county treasurer shall beby him placed to the credit of the general fund of the county. The county treasurer shall receive and retain one per cent. on all moneys paid to him as a recompunse in full for all his services rendered under the provisions of this act: Provided, That in ad counties in the Upper Península all of the moneys paid to any county treamrer under the proTisions of this act shall, after deducting his (ees as aforesaid, be by him placed to the credit of the township. villnge or city from which the same was collected, and shall be by such county treasurer paid over on demand to the treasurer of su h township, villaje or city to bo applied s other general funda. Seo. 10. It shall be the duty of every treasurer, sheriff, deputy sheriff, pólice officer or other persen having noiice or knowledge of any viuUtion of the provisions of this ac, to itumediately notify the prosecuting attornt-y ot the oounty thereof, and it snall be the duty of such prosecuting attorney, wben complaint on oath is made, fotthwitii to prosecute every person violating any of the provisions of this act, and for each and evi.ry vioUtion thereof. Seo. 11. It sball be the duty of each and every couny treaurer, at the end ot each and every niouih, lo make á f uil and complete rep irr, under oah, containing the name of each and every person ia his county paying a tax during said month under the provisions of ibis act, stating therein the residence of such person, the uature of the bu-iness in which such persons a eengaged, the place of doing busineRS, the amount of tax paid and the date of payruent of the same, and file such statement with the clerk of his county ; and such county ireasurer shall aho, on ihe first M nday of December in each year, mke a full and complete report of all the facts, as shown by such reports, and return the same to the Auditor Gener 1, and publish the 'ame in some newspaper published in his county, if there be oue, and in two if there be two. Toe expense of suA publicatioa ehall be paid out of the contingent func of the county. All blanks required to carry into effect the provwons of this ac shall be prepared and furnished annually by the Auditor Generl to the 'countj treapurers", and bv them to the township Tillage and city offleers. Sec. 12. In ca-e any assessor, coui ti treasurer, pro-ecuiing attorney or othe officer, whose duty ïts to see that the provisijns ot this act are faithfully en forceti, shall willlully negl--ct or refuse to perform his du'y under the provisions o this acr, he ghall be Iiable to a penalty o one huüdred dullars for each and every ofTense, and the governor maj , in case o such negect or refusal, aiter summar; hearing and determinaron there.m and deciding the game to have ocourred, appoint guca other person or persons to pertorm the duties of uch prescribed by this act, who shall, upon being so appointed, iiavti like powers and du ie-, and receive the srae fees, under this act, assueh assessor, treasurer, prjsecuting attorney or other officer, as the case may be: Provi ded, That in case of the appointment oL any peison in place of the proíecutmg attoruey, to pioecute for violation of this act, in any county, the board of supervisors shall allow and pay tj snch prose-utor a reasonable corupensation for all servi ces performed and reitnbufse him for all expenses incurred by him as such prosecutor. Sec. 13. It shall not be lawful ior any person, except a druggist, who shall be governed by section two f this act, to sell, lurnish or aive any spirituous, tnalt, brewed, fermened, or vinous hqaors, or any beverage, lqujr, or 1 quids containing any spntuous, malt, brewed, termented, or vinous liquor to any minor, to any inioxicated person, nor to any person in the habit of getting intoxicated, nor to any Indian, nor any person of Indian deseent, r.or to any person when forbidden in writing so to do by the hu-band, wife, parent, child, guardián or employer of such person, or by the supervisor oL the township, mayor, or director of the poor, or the superintendent of the poor of the county where sucfi person shall reside or temporarily remain. The tact of selling, giving, or furnishiug any liqnid in any place where icitoxicatmg liquors are sold, or kept lor sale, to any minor, or lo any intoxicated person, or to any person in the habit of getting intuxicated, or to any Iodian, or person ot Indin de-cent, or to any person when forbidden in writing 80 to do by the husband, wife, parent, child, guardián, or employer of such person, or by tbe supervisor uf the town8hip, mayor, or director of the poor, or superintendent of the poor of tbe county where sujh person shall reside or temporarily remain, shall be prima facie evidente of an intent, on the part of the person 80 selling, giving, or lurnisning suuh liquid, to viólate the lasv. Sec. 14. It shall not be lawful for any person by nimself, his clerk or agent, to permit anv student in altendance at any public or private insutution of learning in tuis Siate, or atiy minor, to pUy at cards, dice, bilhards or any gaine ót chance, in any part of any building, in which spirkuou-i liquors or ïn'.oxicatmg drinks are sold ; nor shall it be lawful t_r any person, by himself, his clerk or agent, to sell or give to any student in atteudance at any public or private insiilution of learning in this State, any spiriluous or intoxicating dnnks, except when prescribed by a regular physieiau for medicinal purposes; and any person who sha I ofl'-nd against either of the foregoiog provisions of thi seotion shall be deemed to have been guilty of a niisdemeanor, and on couviction thereof hall be punished as provided in section even of this act. Sec. 15. It shall not be lawful for any erson to allow any minjr to visit or re muin in any room where such 1 quors are old or kept for Sale unless accompanied y his or her father or other legal guardan. Seo. 16. It shall not be lawful for any )erson to sell, offer to sell, furnish, give or ïave in his possession any of the liquors mentioned in this act in any concert hall, ariety 6how, theater, or other place of tnusement, nor in any room in any buildng opening into where auy such concert ïall, variety show, theater, or other place of amusement may be. Seo. 17. All salooD?, restaurants, bars, n tavt-rns or elsewhere, and all other plaes, except drug stores, where any of the quors mentioned in this act are sold, or cept for sale, either at wholesale or retail, hall be closed on the first day of the week, ommonly called Sundiy, on all election lays, on all legal hohdays, and until seven oVbek of the foliowing morninii, and on each week-day night from and after the hour of nine o'clock until seven o'clock of the morning of the succeeding day. And it shall be the duty of sheriffs, marshals, constables and pulice officers to close all saloons, house or places that shall be lound open in violation of tbe provisions of this section, and to report forthwith all such vio'atiors to the prosecuting attorney, whose duty it shall be to imme diately prosecute for such violations. The word " closed " in this section shall be construed to apply to the back door or or other entrance as well as to the front door. A' d in prosecutions under this section it shall not be nececsary to prove that any liquor was sold : Provided, That in all oities and incorporated villajes the common council or board of trustees, or council, may by ordinance, allow the saloons and other places where said liquors shall be sold to open at six o'clock in the ■jrenoon and to remain open not later thaa eleven o'clock in the afternoon and no longer of any week day night, except on eleciion days and holidays. Any person found in the act of violating any of the provisions of this section shall be deemed guil'y of a breach of the peace and punisntd accordingly ; and the arrest theretör may be withjut process, and this ounishment shall be taken to be in excess of all other manner o' punishment in this act provided for a violation of the provisions of this? section. All officers authorized to make arreste for a breach of the peace shall hnve like power to make arrests under the provisions of this section as in other cases of a breach of the peace. Seo. 18. Any person who shall viólate any of the Drovisions of the five preceding sections shall be deemed guilty of a misdetneanor, and upon conviction thereof sball be punished as provided in secdon seven of this ac. Seo. 19. Whenever complaint shall be made by any person, on oath, before any ju&üce of the peace in any county, or oiher officer or msgUtratehaving jurisdiction that any persjn is found intoxicated, or has been intoxicated in any hotel, store, public buildiug, street, alley, highway, or other public plací, it shall be the duiy o such jusiicp, municipal or pólice oourt to is-ue a subucena to compel the attandance of such person 80 found intoxicated, o who bas been intoxicated, as aforesaid, to appear before the justice or court issuiog the same, to testity in regard to the per son or persons of whom, and the time when, and the place where, and the man ner ia which the liquor produuing his in toxication was procured ; and iL such per son when subpoenaed, shall neglect or re fuse to obey such writ, the said justice o court who issiied the saaie shall have th attendance of ihe person fo eubpcenati (TO BK CONTINÜED.)


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