Marshall County Democrat. (Plymouth, Ind.) 1855-1859, 1857-06-04
ORDINANCE.

the County of Marshall and State of Indiana:
That, from and after the tenth day of June, 1857
it shall not be lawful for any person, directly or
indirectly to sell by retail to be drank, any spiritu
Gus liquor, o., liquor contang alcohol in sufficient
quantity to produce intoxcation by drinking nor for
anyother use than to be used at the dwelling or place
ofbusness of the purchaser, for the following
purposes, to-wit: Mechanical chemical, me ical:
or culinary; or to be used by some religious deaom-
inaton of christians for sacramental purpose nor
shall any person be permitted to SELL directly or
Indirectly within the corporate limits aforesaid any
such liquor for any purpose or use except the pur
poses above specified, without first obtaining a Ii
cense therefor, from the Clerk of the
Board of corporation Trustees attested by the
corporate seal of said town, as herein provided.
And be it further ordained; That, places to sell
spirituous liquors by retail, within the corporate
limits, of said town may be authorized by license,
to be issued as follows:
The person or pesons wishing to so sell by re-
tail, shall present petition to the clerkof said
corporation at any time-or to the Trustees afore-
said when in session, signedby not less than twen-
tyfve reputable free-holders and voters living with
in the corporation, requesting license to be grant
ed to such applicant, to retail spirituous liquors
which petition if presented to the Clerk, shall be
by him presented to said Trustees at their first
meeting thereafter. At the same time, such appl-
cant shall present bond, payable to the Clerk of
entitled to damages on breach of the condition
hereunder to be written, in the penalty of two
thousand dollars, with not less than six resident
freehold suretes thereto signed to be approved by
said Trustees, conditioned that said applicant, if
license be granted him, will keep orderly house
and permit no riotous or improper behavior there
in, nor keep the same open Sunday, or after ten
O'Clock at night. That he will not sell, or suffer
to be sold or given away, his premises any spr-
ituous malt or fermentcd liquors containing alco-
ho to any habitual drinker of sprituous liquors or
any drunkard-or any person intoxicated, nor to
any person under twenty -one years of age, nor to
any female or Indian, under forfeiture of twenty
five dollars for each and every violation, to be re-
covered on notice and motion before any Justice of
the peace. That he viii pay all damages, costs,
expenses, and for all trouble incurred by any per-
son, directly or coateraly, by reason of any sale
ofspirituous liquors by him. and that for any breach
of the condition of said bond suit may be insttu-
ted thereon IN any proper court, and said damages
&c, or fees and penalties be recovered, as herein
after provided-and in said bond mentioned, to be
paid without relief from valuation appraisement
laws Out OF the applications presented said
Trustees may, on the approval of the bond
and petition, demand OF the applicant, any
sum not less than fifty nor more than two hundred
dollars, on the payment of which to the clerk, by
said applicant within five days, license may be is
sued to him by said clerk attesed by the corporate
seal, to vend spiritual liquors by retail within the
corporate limits of said town for the period of one
year, for which order shall be entered in due
form on the Records of the proceedings of said
Trustees
j. And be it further ordained: That, under said
license, said person licensed may sell spirituous
or alcoholic liquors by retail, to be drank, but anv
breach OF any condition of said bond shall forfeit
said license in addition to the forfeitures thereon
expressed, and said person so licensed shall not be
tQd IN Oh f,.c
under penalty Of ten dollars for each and every
offence to be prosecuted as hereinafter named.
a. And be it further ordained: That, on any
breach of any condition of said bond, the accru-
ing OF any damages, costs, expenses, or any trou-
BILE to any person bv reason of any sale made by
such person licensed it shall be the duty of the
clerk aforesaid to bring suit on said bond in any
court having jurisdiction in his name as clerk for
the use of the person entitledto such damages &C.,
or for the use of said town in case of forfeiture
of said sum of twenty-five dollars, and pay over
such damages when collected-and take a receipt
theref0r-tO the user thereof
5. And be it further ordained: That, from and
after the tenth day of Jnne aforesaid that any per-
son who shall violate this ordinance, by selling or
giving away, directly Indirectly any spirituous or
alcoholic liquors. except herein above excepted
shall upon conviction be fined ten dollars for each
aud every offence, besides the costs of the prosecu
ton, and stand committed to prison until the fine
and cost is paid or replevied.
5. And be it fnrther ordained: That, any per-
son who may be licensed as aforesaid, who shall
violate any of the conditions of said bond, shall in
addition to the civil penalties and foreitures herein
provided for, upon conviction for each and every
offence, be finedin the sum of ten dollars, in the
same manner in the last section is provided for
fines for violation of this ordinance.
Z. And be it further ordained: That, it shall
not be lawful for any person to become intoxicated
by drinking sprituous liquors. within the corporate
limits OF said town; and any person who shall be
found within said limits in a state of intoxicaton,
shall upon conviction be fnedina sum not less than
three nor more than ten dollars for each and every
offences and it is hereby made the duty of the Mar
shall to arrest all persons found intoxicated, and
conine them until sufficiently sober to be tried and
then complain of them before some proper court;
and such offender shall pay the costs of the prose-
cuton and stand committed to prison until the fine
and costs are paid or replevied-
g. And be further ordained: That, any and all
penalties fines and forfetures recovered and paid
under this ordnance shall be paid into to the treas
uay of said town as part of the general fund
thereof, within ten days after payment thereof by
the proper person. either to the clerk, or into anv
court, rendering judgement therefor and collecting
the same.
J. B. n. KLINGER, President
ATTEST:
A. C. CAPRoN. Clerk. mavl4 26t3.
Nav 9th IS57