, 1854-04-15

IrlgnL 10 guide Inc. snail therefore give
this bill my hearty support. At the close
of the session when go among them, they
may, as l did at first, slight this measure
and ridicule my vote, but my influence shall
he exerted to secure its passage by the
people, and ] feel assured that they will,
on second serious thought, go for this
measure, and approve our doings this day.
Mr. Tappan entertained doubts as to
the propriety of delegating the law making
power to the people from whence they had
received it, Some States had seemed to
declare unconstitutional the question Of
leaving law to be voted on by the people.
He understood that judges in this Territory
had alluded to such provision as objection
able. But there was much good in the
bill-the principle he was entirely in favor
Of, and thought the means of bringing it
about might be somewhat Objectionable,
the end to be accomplished was so bene6-
cial that he must support by his vote the
bill. The bill, as amended, is as follows:
PrOhibitOry Liquor Law
SEC. l. Be 1t enacted by tie Legislative
Assembly Of the Territory Of Warrington,
That no person shall be allowed at any
time to manufacture or sell, by himself,
his clerk, servant or agent directly or in
directly, any spirituous or Intoxicating
liquors, or any mixed liquors, part Of
which. is spirituous or intoxicating except
as hereafter provided.
Sec. 2. The county commissioners of
any county. at their regular December
session, or as soon thereafter as may be con-
venient, may appoint some suitable person
as the agent Of said county, to sell at some
central and convenient place, within said
county, spirits, vines, or other intoxicating
liquors, to be used for sacramental, medicinal
and mechanical purposes, and no other; and
said agent shall receive such compensation
for his services as the board appointing him
shall prescribe, and shall in the sale Of such
liquors, conform to suchrules and regula-
tions US the said board shall prescribe for
that purpose. And sdch agent, appointed
as aforesaid, shall bold his situation for one
year, unless sooner removed by the board
from which he received his appointment, as
he may be. at any time, at the pleasure Of
said board.
Sec. 8. Such agent shall receive a GER
tifcate from the board by whom he has been
appointed, authorizing him, as the agent Of
such county, to sell intoxicating liquors for
sacramental, medicinal and mechanical pur-
poses only; but such certificate shall not be
delivered to the person so appointed, until
he shall have executed and delivered to said
board bond, with two good and sufficient
sureties, in the sum Of three thousand dol
lars, in substance as follows:
Know all Men, that we -, as prin-
clpal, and --, and ---, as sureties,
are holden and stand firmly bound to the
inhabitants Of the county of --, in the
sum Of three thousand dollars, to be paid
them, to which payment we bind ourselves,
our heirs, executors, and administrators,
firmly by these presents. Sealed with our
seals, and dated this - day Of -, A.
ID. -.
The condition of this obligation is such,
that whereas, the above bOunden ---
has been duly appointed an agent for the
county Of --, to sell within, and for
and on account of said county, intoxica-
ting liquors for sacramental, medicinal and
mechanical purposes, and no other, until the
- Of --, A. d. -, unless sooner
removed from said agency.
Now if the said - shall in all re-
spects conform to the provisions of the law
relating to the business for which he is ap-
pointed, and to such rules and regulations
as now are, or shall be from time to time
established by the board making the ap-
pOintment, then this obligation to be void
otherwise to remain in full force.
Sec 4. If any person, by himself, clerk,
servant or agent shall at any time sell any
spSituOus or intoxicating liquors, or any
mixed liquors, part Of which is intoxicating,
in violation Of the provisions of this act, he
shall forfeit and pay on the first conviction,
ten dollars and the costs of prosecution,
aud shall stand committed until the same
be paid on the second conviction he shall
pay twenty dollars and the costs of prose-
cution, aud shall stand committed until the
same be paid on the third and every sub
sequent conviction, he shall pay twenty dol
lars and the costs Of prosecution, and shall
be imprisoned in the common jail not less
than three months, nor more than six
months; and if any clerk, servant, agent
or other person in the employment or on
the premises of another, shall violate the
provisions of this section, he shall be held
equally guilty with the principal and on
conviction shall suffer the same penalty.
Sec 5. Any forfeiture or penalty ari-
sing under the above section, may be re-
covered by civil action or by complaint
before any justice of the peace, or by an
action in the district court In the county
where the offence was committed And
the forfeiture so recovered shall go to the
county where the convicted party resides,
Tor the use of common schools in said coun-
tY, and the prosecutor or complainant may
be admitted as q witness in the trial.