The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1853-03-15

.----e-The Liquor Law.
The following is the act passed at the pre-
sent session, regulating the retailing of spi-
rituous liquors: 81
AN CT to regulate the retailing of spirstu-
Gus liquors, and for the suppression Of the evils
arising tterefrom. a.
SECTION /. Be it enacted by the General |
Assembly of the State of Indiana, That no
person shall retail spirituous liquors, except |
for sacramental, mechanical, chemical, medi-
cinal, or culinary purposes, without the con-
sent of majority of the legal voters of the
proper township who may cast their votes for
license at the April elections; nor without
| filing with the Auditor of the proper county
his bond, with at least four freehold suretes,
to be approved by such Auditor, in the penal
sum of not less than FIVE hundred nor more
than two thousand dollars, proportional ac-
cording to the number of inhabitants Of the
township, conditioned for keeping an orderly
house, and for the payment of all fines, Pc
nalries o. damages that may be incurred un-
der the provisions of this act. is-&
SEC. 2 The consent required in the pre-
ceding section shall be determined by the
number of votes cast for or against license,
to be expressed on the ticket; and no ticket
on which the same is not expressed shall be
counted either way. Such consent shall ex-
tend for one year from the period of such
election, and shall extend to all persons who
shall comply with the requirements of the
first section respecting bond and security.
SEC. 8. Upon the filing of such bond the
Auditor shall issue to the person fling the
same license to retail spirituous liquors,
which shall be good for one year from the
day of the election at which such consent
was granted to retail spiituous liquors, and
shall, during such year, be prcsumptve evil
dence If tberight of such person to retail
such liquors. - ,-t
Sec 4. The word 'sretail" in this act,
shall be construed to mean the sale or barter,
: direct or indirect, of any quantity less than
one gallon. ass
SEC. 5. Any person offending against the
provisions Of the preceding sections, shall,
for each offence, be fined in any sum not ex-
ceeding two hundred dollars.
SEC. A license granted under the pro-
visions of the first section: of this act, shall
not authorize any person to retail spirituous
liquors on Sunday.
, Sec. z. Any person who shall, by the re-
failing of spirituous liquors, cause the intoxi-
: cation of any person, shall board, keep, and
take care of such person until he shall be
ahle safely to return to his home; and on
failure to do SO, it shall be lawfu for any
other person TO do SO, or cause the same to
be done; which person shall have an action
, against such retailer for reasonable compen-
sation for such service, and fifty per cent da-
images thereon.
! SEC. Non unicipal corporation or board
Of county commissioners shall exact or re-
!, , ceive from any person any money under the
i Ina, .xf
lege of retailing spirituous liquors.
Sec. 8. All places wherein spirituous IL
quors are retailed, If kept in a dsorderly man.
ner, shall be deemed common nuisances; and
+. the keeper of any such nuisance maintained
to the annoyance, disturbance, or injury OF
the Eeighborhood, shall be fined in any sum,
S not less than twenty-five nor more than one
e hundred dollars.
G SEC. 10. Any wife, child, parent, guar
: dian, employer,or other person, who shall be
4 injured in person or property. or means of sup
: port by any intoxicated person, or in conse-
d quence OF the intoxication habitual or other
: wise, of any person, shall have right of &C.
: ton in his or her own own name against any
person and his sureties on the bond aforesaid
Q who shall, by retailing spiriuous liquor, have
5 caused the intoxication of such person, for
4 all damages sustained, and for exemplary da-
e IMAGES.
I Sec. IL. But if il shall be made to appear
{ in any such action, that the intoxicated per-
|. son through whom damages was sustained,
was procured by any other person 70 do such
{ damage for the purpose of enabling suit to be
: brought for damage against any retailer, or,
t that such intoxicated person committed any
e trespass or other unlawful act for such pur-
: pose, 1t shall bar recovery against such re-
f taller.
E SEC. IL. For all purposes under this act,
d whether to institute prosecute the suit, to
control the recovery or otherwise, married
d woman shall have the same rights if she
c were single. H
: SEC. Is. Damages recovered by a minor
!, under this act, shall be paid at the option of
), the Court, either to such minor, or to his pa.
D rents, or to any guardian or next friend re-
{ cognized or appointed by the Cour; as such.
d SEC. IA. A recovery against retailer,
Y shall be conclusive evidence against his sure
ties, in an action upon the bond herein-be-
{ fore provided for, both as to the right Of ac-
ton, and as to the amount of damages.
SEC. Is. The provisions of this act in re-
> gard to disorderly houses, and their punish
ment as nuisances. and penalties against the
: keepers thereof, shall apply to persons to
whom licenses to retail spiritual liquors shall
have been legally granted, during the term
for which they shall have been granted.
Sec. l6. All contracts made for the per-
Torrance of any obligation, or for the sale or
exchange of any property, real or personal,
: by any person who at the time Of such con-
tract is in state of intoxicafion, rendering
him incapable of making contract, shall be
vodable at the option of such Intoxicated
person.
] SEC. IL. All places or houses, wherein
spirituous liquors shall be sold or bartered,
directly or indirectly, without license, in less
l quantity than one gallon, or suffered or al
. lowed to be drank In or about such Mace