City of Roswell v. Jacoby

Citations

• 21 N.M. 702

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Under subsections 18 and 66 of section 3564, Code 1915, and section 3621, Code 1915, a city or town has power to require the giving of a bond as security that a druggist will obey the law in dispensing liquor.</p> <p>P. 706</p> <p>2. The penalty of such a bond is not a “penalty” by way of punishment for a violation of the law.</p> <p>P. 709</p> <p>3. But where the cause of action on the bond is made by the ordinance, as in this case, to arise only upon the conviction of the obligor of a violation of the law, the intention of the city is made to appear to punish the offender in the amount of the penalty of the bond, which punishment is in excess of the amount allowed by the statute, and the ordinance Is consequently void. P. 712</p>