Plymouth banner. (Plymouth, Marshall County, Ind.) 1852-1855, 1853-03-24

PRESTON CT tn5 evils arising theleirOID:
Ser. |. BE Il enacted By tie Gsnero!
ASSEMBLY Of The STATE Of Indiana, That
no person shall retail spirituous liquors,
except for sacramental. mechanical. chem
ical, medicinal or culinary purposes.
without the consent OF 4 majority OF the
legal voters af the proper township, who
may e ST their Votes for license at tie
April elections; ncr without fling with
Che auditor Of the proper county his bond
with at least four freehold sureties. TO be
approved by such auditor. in the penal
sum Of not less than five hundred nor
more than TWO thousand dollars, proper
toned according to the number Of inhab-
i,amts of the township. conditioned for
keo ping al orderly house. and for the
payment Of oil fines, penalties or damages
that may be incurred under the provis-
ions of this act.
Sec. ,. The consent. required In the
preceding section shall be determined b.
The number of votes cast for or against
license, TO BE- expressed on the ticket; and
70 ticket on which The same is no. ex-
pressed shall be counted either way
Such consent Shall extend one year from
tie period Of such election, and shall ex-
tend 10 all parsons WHO shall comply
with the requirements of the FIST section
respecting bond and security.
Sec. 3. Upon the filing Of such bond
the auditor shall issue TO the person fl
ing tie same. u license 10 retail s%piGitu-
Gus liquors. which shall be good for one
year from the day OF the election at which
such consent was granted to retail spir-
ituous liquors, and shall. during such
year. be presumptive evidence Of the right
OF SUCH person. TO retail such liquors.
Sc. I. The word retail in this act,
shall BE- construed to mean the saie or
barter, direct or indirect, Of fanny quantity
less than one gallon.
SEC. >. Any person offending against
the provisions Of the preceding sections.
shall, for each offence, be fined in any
sum not exceeding two hundred dollars.
Sec. 6. ) license granted unier the
provisions Of ne frst sec:ion of this act,
shall not authorize any person 10 .e;aii
srirituous liquors on Sundt3.
See. Z. AIRY person who shall, by the
retailing of spifituous liquor, Cause the
intoXication Of any person, shall board,
keep anu take care Of such person until
he SHALL bc able, wiihoutassistance. safe
ly TO return to his home. and on failure
to DO So. i, shall be lawful for any other
person TO do SO, or TO Cause the same TO
be done: which person shall have an ac-
ton against such retailer. for reasonable
compensation for such service, and liiy
per cent. damages thereon.
Sec. s.. No municipal corporation or
board OF county commissioner shall cx-
act or receive from any person any mon
ey under The name of license, or other
wise, fer the privilege OF retailing spir-
ituous liquors.
Sec. 9. All places wherein spirituous
liquors are retailed, if kept in a disorder
" manner, shall De deemed common nui-
sances; and the keeper of any such NUS
ance, maintained 10 the annoyance, dis
turb2nce, ur irjury of the neighborLood,
shall be fined in any sum. rot less than
twenty-five. nor more than one hun0red
dollars.
Sec. 10. Any wife, child. parent, guar
dian. employer or other person. who shall
be iajnred in person or property. CT
mems ot support. by any intoxicated per
son. OF liz consequence OF the intoxica-
ton. habiiusl or otherwise. Of any per-
SON, shall have right of action in his or
her own name against any person, and
his s~ureties on the bond aforesaid, who
shall. By retailing spirituous liquor, have
caused the intoxication of such person.
for all damages sustained. and for exem-
plary damages.
Sec. IL, Bat If it shall be made to ap-
pear, in any such action, that the intox-
icated person. through whom damages
was sustained, was procured by any 9th
er person to do such damage for the pur-
pose of enabling suit 10 be brought for
damage against any retailer. or that such
intoxicated person committee any tres
pass or other unlawful act for such pur-
pose. it shall bar recovery against such
retailer.
Sec. 10. For all purposes under this
act. whether TO institute or prosecute the
suit, to control The recovery or other
wise, a married woman shall have the
sa me rights as if she were single.
Sec. 13. Damages recovered by mi
nor, under this act. shall be paid at the
option of the court, either 10 such MINOR,
or 10 his parents. or 10 any guardian or
next friend, recognized or appointed by
the court as such.
Sec. Ii. A recovery against a retailer,
shall be conclusive evidence against his
sureties, in an action upon the bond here
in before provided !or. both as TO the
right of action, and as TO the mount of
damages.
Sec. 10. The provisions of this act in
regard to disorderly houses. and their pun
ishment as nuisances, and penalties
against the keepers thereof, shall apply
uL>a E.. .aA..