Bond. bond shall be in any sum not less than one hun- Amount of dred dollars, nor more than one thousand dollars, with two or more sureties, to be approved by said judges or mayor. Said sureties must justify on oath, before some officer authorized to administer oaths, that they are residents within the Territory, and worth the amount justified to, over and above all other debts and liabilities, exclusive of property exempt from execution. Such justifications shall be in writing, signed by the persons justifying, and certified to by the officer who administers the oath, and attached to and filed with the bond. Amount of SEC. 3. The county court or city council, as the case may be, after the petition, statement and bond have been filed as required in the preceding section, shall determine the amount to be paid for the license prayed for, which shall be at the rate of not less than one hundred, nor more than twelve License. hundred dollars for the period of one year; but licenses for the same classes of business shall be uniform in amount in such city or county. Said Licenses to be court or council shall also determine the time for amount. which the license shall be granted, but no license shall be issued for a longer period than one year, Term of Linor for a less period than three months. uniform in cense. paid into advance. SEC. 4. The amount as determined by the county court or city council must be paid into the Money to be county or city treasury, as the case may be, by the Treasury in applicant, who, upon receiving the treasurer's receipt, shall present the same to the clerk of the county court or the city recorder. The county clerk or city recorder shall thereupon issue to Clerk or rethe applicant a certificate of license, which certifi- order to issue cate must state the name of the person licensed, the place of business, the kind or kinds of liquors conditions of to be manufactured, sold, bartered or otherwise License. disposed of, the date of commencement and expiration of such license, whether it is for a retail or wholesale business, that the person named therein is duly authorized to carry on the business of manufacturing, selling, bartering or otherwise disposing of intoxicating liquors at the place and for the time therein specified, and that the license is not transferable. Said certificate shall be signed by the county clerk or city recorder, as the Penalty for Selling to Indians, Minors, etc. Penalty for Married women and children case may be, who shall seal the same with the seal of the county or city. SEC. 5. Any person licensed as herein provided, who shall knowingly give, sell or otherwise dispose of any intoxicating drink to an Indian, insane or idiotic person, or to any minor, apprentice or employe under twenty-one years of age, Without the consent of the parents, guardians or employer thereof, shall be held and deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not less than ten nor more than one hundred dollars, and shall also be liable to pay all costs of prosecution. SEC. 6. Any person licensed as aforesaid, who shall sell, give away or otherwise dispose of any intoxicating drink at any time during the first day of the week, commonly called Sunday, except for medical purposes upon the prescription of a physician, shall be deemed guilty of a misdemeanor, and upon conviction thereof, may be fined in any sum less than one hundred dollars. SEC. 7. It shall be lawful for any married woman to institute and maintain, in her own name, a suit on any such bond for all damages sustained may recover by herself and children, or either, on account of such traffic, and the money, when collected, shall be paid over for the use of herself and children, or either. damages. Bond to be evidence. bills cannot be sued for. SEC. 8. On the trial of any suit on such bond, a copy thereof, properly authenticated, shall be evidence in any court in this Territory. SEC. 9. No suit for liquor bills, when sold in less quantity than five gallons at one time, When liquor shall be maintained in any court in the Territory, and when it shall be made to appear that any promissory note, mortgage or other obligation on which a suit is pending was given for liquor sold in less quantity than five gallons at one sale, such suit shall be dismissed at the cost of the plaintiff, except such sales be for medical, mechanical or sacramental purposes. SEC. 10. Any person who shall sell or otherwise dispose of, for gain, upon any pretext whatever, malt, spirituous or vinous liquors, or any intoxicating drink, without first having complied with the conditions of, and obtained a license as Selling with set forth in this act, shall, for each offense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum less than Penalty for three hundred dollars, or be imprisoned, not ex-out License. ceeding six months, in the county or city jail, or be both fined and imprisoned, and shall be liable, in all respects, to the public and to individuals, the same as he would have been had he given bonds and obtained a license as herein provided. may be main Peace. SEC. 11. All suits for damages or expenses arising under any of the provisions of this act, may be commenced and maintained before any when suits justice of the peace of the proper county or city, tained before when the amount of the damages claimed is less Justices of the than three hundred dollars, although the penalty in the bonds may exceed that amount, and the judgment shall be for the amount of damages proved; and successive suits by different persons successive having different causes of action, may be had Suits may be upon the same bond until the aggregate amounts of all judgments rendered thereon equal the penalty thereof. maintained. forced. SEC. 12. In all judgments or convictions of any person of a misdemeanor, under the provisions of this act, the court, in its discretion, may order that the defendant, in default of payment of the fine and cost, be imprisoned until such fines and How Penalty costs are paid, said imprisonment, however, not to may be enexceed the term of six months in all; or may order that executions issue against the defendant for such fine and cost, and should any such execution be returned unsatisfied, either wholly or in part, a suit may be maintained upon any bond that such defendant may have given in accordance with section 2 of this act. not interfered SEC. 13. No provision of this act shall be so construed as to authorize any county court or county officer to interfere with the rights granted Municipal to municipal corporations by their several char- Corporations ters, and the amendments thereto, to license, tax, with. regulate, restrain and prohibit the manufacture, selling, or in any other manner disposing of vinous, spirituous and malt liquors, within the corporate limits, or to prohibit vine growers with- Vine-growers out a license from expressing and selling on the exceptei, premises where expressed, the pure juice of the when. Proviso. grape, in quantities not less than five gallons, to one person at one time; Provided, That where any municipal corporation has the right in its charter to prohibit the manufacture, sale and otherwise disposing of spirituous, vinous and malt liquors, nothing in this act shall be so construed as to impair such right. SEC. 14. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Approved March 9th, 1882. CHAPTER XXIX. OF APPROPRIATIONS. AN ACT defining how Appropriations shall be paid. SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: Defining how That whenever an appropriation of money from priations are the territorial treasury is made, exceeding in certain appro to be paid. amount the sum of two thousand dollars, and not more than five thousand dollars, the Auditor of Public Accounts shall, if required, issue his warrants for the same in two equal half yearly instalments; when the sum appropriated is more than five thousand dollars, the Auditor of Public Accounts shall, if required, issue his warrant for the same in equal quarter-yearly instalments, but in neither of said cases shall he issue his warrants oftener nor in larger instalments than as aforesaid. SEC. 2. All warrants heretofore or hereafter drawn by the Auditor of Public Accounts, on the Territorial Treasurer, shall be paid in the order of and paired their presentation and registry, as herein proorder of regis- vided: Whenever any such warrant shall be pre Warrants to be registered try. in sented to the Territorial Treasurer for payment, and there is no money in the treasury applicable thereto, he shall endorse on said warrant, "Not paid for want of funds," with the date, and make a registry thereof in a book kept for that purpose, noting the time of such presentations for payment, and thereafter all such warrants so presented shall be paid, or the money held in reserve therefor, by the said Treasurer, in the order of their presentation and registry, and not otherwise. Approved March 9, 1882. CHAPTER XXX. OF HOLIDAYS. AN ACT designating Legal Holidays, and for other purposes. days, Proviso, SEC. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That the following named days are hereby designated and declared to be legal holidays in said Legal holTerritory, to wit: the first day of January; the etc. twenty-second day of February; the thirtieth day of May, commonly called Decoration Day; the fourth day of July; the twenty-fourth day of July, commonly called Pioneer's Day; the twenty-fifth day of December, commonly called Christmas, and all days which may be set apart by the President of the United States, or the Governor of Utah Territory, by proclamation, as days of fast or thanksgiving; Provided, That when any of said days shall fall on Sunday, the following Monday shall be the holiday. SEC. 2. In case the last day of grace upon any note, or bill, falls upon any legal holiday, or upon Sunday, then said note or bill must be pre- Notes and sented on the secular day next preceding the bus become bills due. |