Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1852-08-26

prosecution. Under the nsO, be can be fined less
than $40 ior srery day he maintains the Nuisance.
THE OLD LAW.
Sec. %, Chap SO, r. S. Of lS43, provides that
eff any person licensed by any law in force at the
sell or give any sPirtuous liquor to any minor under the
Of eighteen years. without the consent Of his parent
guardian shall sell give any spirituous liquor TO
any individual who is at the time in state Of inoxica.
tion every person offending shall be fined 10 any
sum not less than two more than ten dollars"
THE NEW LAW.
Sec %, OF the New Act, provides that
"I any person, by himself agent shall sell or give
away Intoxicating liquor any minor without the
sent Of his GUARDIAN shall sell give away
Intoxicating liquor any person. at the time in state
Of inoxication, he shall be fined not less than ve nor
than fifty dollars; and such prosecution, when
the principal IS defendant the agent may be compelled
testify, when the agent is prosecuted the principal
may be compelled to testify"
THE DIFFERENCE.
Under the old lao, person, TO be anenable to Its
penalties must be licensed The makes him liable
whether lceasedor The old Ea0 provides penalty
against giving selling "spirituous" liquors only,
which Supreme Court have decided does include
wine. Under the nep lac, the major term intozica-
ting" being used the whole class Of liquors. producing
drunkenness, is comprehended. The old lac fixes the
minimum penalty at teo, and the maximum at ten dol
lars. The nec lau places them at fire and fifty dollars.
The old LdD, under common law rule OF evidence, con-
stanty let large class Of offenders, consequence
OF the traffic being carried by principals and agents
Unfortunately. This evil is remedied by the new
law.
THE OLD LAW.
SEQ no. Chap. So. R. s. of 1s4s, provides that
'If any person shall interrupt, disturb modest any
religious society OF any member thereof when met or
meeting together for public worship shall sell give
away spiruous liquor at any hooth wagon, open
place within mile Of any collection OF portion Of
the citizens of this State, convened for the purpose OF
worship, shall interrupt, disturb modest any colec
ton Of the people convened for any lawful purpose shall
make any contention disturbance at any public house.
court election other lawful public meeting such per-
shall upon conviction thereof be fined in any
not exceeding ten dollars nor less than one dollar
THE NEW LAW.
Sec. 81 of the New Law provides that
'If any person shall disturb any religious society,
any member thereof when met meeting together for
public worship shall sell give away any spiruous
liquor any booth, wagon shed, open place. o: in
any building temporarily erected for the purpose of sell
ing therein such liquors within two miles OF any collec
ton Of portion Of the citizens Of this State convened
for the purpose of worship shall disturb any collec
ion of the people convened for lawful such
person shall be fined exceeding fifty nor less than
Ave dollars, and imprisonment not exceeding thirty days
THE DIFFERENCE.
At the session OF 1S47 another law was passed on
this subject comprehensive and stringent than the
law Of lS43. The law is not materially different,
except the kind of articles the sale OF which, with
Ia the forbidden limits prohibited. The nsao Tau
increases the penalty.
THE OLD LAW.
SEQ 93 Chap SO, r. s., 1S43 provides that any per-
who shall unlaw fuy vend ,pirituous liquors by
tail shall be fined less than too than
! ty dollars.
/! THE NEW LAW
Sec. rs OF the New Act provides penalty exceed.
ing $500. II also provides that the agent may be
PEELED to testify against the principal, and risa versa.
In addition these changes the following section has
for the first time in the history OF Indiana legislation
found place on our statute book:
SEc. ~. Any person who shall aduterate any vino,
spirits, other intoxicating liquors, which intended
for SALE by the admixture of any deeterous other
substance fluid herewith, and any person who shall
sell, offer for SALE any wine, spirits, other intoxi
eating liquors, which shall have been adulteraIed
aforesaid shall conviction thereof, be fined in any
sum not less than Ave nor more than fifty dollars T"
The mode OF prosecuting persons offending
against the foregoing statutes conceded by those who
are oonversan with practical operations to be eff
oent. In the city Of indianapolis, has been in
cessfu operation for several years. and was informed
! by an exMayor. 4 gentleman oil acknowledged legal
learning that IL entire satisfaction. Under the
New Law, upon the name of any witness, who Is pre-.
sumed to be cognzant Of violation of the law, being
furnished Justice Of tho Peace, Judge of the Court OF
Common Poas, Clerk Of that Court, Circuit District
Prosecuting Attorney, subpoena is issued for the wit.
ness and on his appearing in court II his testimony is
sufficient predicate prosecution upon, is reduced
affidavit and is thereupon issued for the
apprehension of accused, and the trial
under the old law Thus in addition to the old mode
OF filing voluntary affidavit, witness may be compel
led make oath writing Of the commission of Of
fence against the law and yet the Of the person
preerring the complaint, may remain concealed if he
desires to shrink from responsibility.