Marshall County Democrat. (Plymouth, Ind.) 1855-1859, 1857-05-28
ORDINANCE



Re II orda;ned by the President and Board of Trus
tees of the Incorporate town of Plymouth, in
the County of Marshall and State of Indiana:
That, from and after the tenth dsy of June, 1851
it shall not be lawful for any person, directly or
indirectly, to sell by RETAIL to be drank, any spiritu
Gus liquor, liquor containg alcohol in sufficient
quantity to produce nOxication by drinking nor for
anyother use than to be used At the dwelling place
of business OF the purchaser for one of the following
purposes, to-wit: Mechanical, chemical, medical
or culinary;Or to be used by some religious denom
ination Of christians for sacramenta purposes nor
shall any person be permitted to SELL directly
indirectly within the corporate limits aforesaid any
such liquor for any purpose except the pur
poses above specified, without first obtaining IL
cense therefor, from the Clerk OF the
Board of corporation Trustees; attested hv the
corporate seal of said town, as herein provided.
And be Il further ordaned; That, places to sell
spirituous liquors by retail, within the corporate
limits, OF said town nay 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, signed by not less than TWEEN
tyfve reputable freehoders and voters living with
III the corporation requesting license 10 be grant
ed 10 such ppcant, to retail spirituous LIQUORS
which petition if presented TO the Clerk, ehan be
bv him presented to said Trustees at their first
cant shall present bond, payable to the Clerk OF
said town, for the use of any person who may be
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 sureties thereto signed, to be approved by
said Trustees, conditioned, that said applicant If
license be granted him, will keep an orderly house
and permit no ri0tous or improper behavior there
in, nor keep the open on Sunday, or after ten
O'Clock at night. That be will not sell, or suffer
to be sold or given away, Oh his premises any shr-
ituous malt or fermented liquors containing alec
hol, to any habtua drinker of srituous liquors or
any drunkard-or any person intoxicated, nor TO
any person under twenty-on years Of age, mop to
any female or Indian, under forfeiture OF twenty
live dollars for each and every violation 10 be re
covered on notice ana motion before any Justice OF
the peace. That he will pay all damages, costs,
expenses, and fer ali trouble incurred b. any per-
son, directly or colateraly, by reason of any sale
ofsprtuous liquors by him, and that for any breach
OF the condition of said bond, suit may be institu-
ted thereon IN any proper court, and said damages
&C., fees and penalties be recovered, as herein
after provded-and in said bond mentioned 10 be
paid without relief from valuation or apprssement
laws. Out Of the applications presented said
Trustees may, on the approval OF the bond
AMI 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
sued to him By said clerk attested 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 an order shall be entered in cue
form on the Records of the proceedings OF said
Trustees
3. And bel further o7deineG: That under said
license, said person licensed may sell spirituous
or alcoholic liquors by RETAIL to be drank, but any
breach OF any condition Of said bond, shall forfeit
license to he
expressed and said person licensed shall not be
permitted to sell Hereunder after such forfeiture,
under penalty of ten dollars for each and every
offence to be prosecuted as hereinafter named.
a. And be it further o7dcined: That, On any
breach of any condition of said bond, Or the accru-
ing OF any damages, costs, expenses, any trou-
BILE to any person by reason of any sale made by
such person so licensed il shall be the duty of the
clerk aforesaid To bring suit on said bond in any
court having jurisdiction in his name rs clerk for
the use OF the person entitled to such damages &C.
az for the use Of said town in case Of forfeiture
of said sum of twenty five dollars, and pay over
such damages when collected--aud take u receipt
herefor-to the user thereof.
5. And be il further ordained: That, from AMI
after the tenth day of Jnne aforesaid, that any per
son who shall violate this ordininc by selling or
giving away, directly indirectly any sprituous or
alcoholic liquors, except as herein above excepted
shall upon conviction be fined ten dollars for each
anu every offence, DcslueS the costs .. the prOSecu
ton, and stand committed to prison until the fine
and cost is paid or repleved.
5. ARd be II further ordaiaed: Tint, any pcr.
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 crfeurcs herein
provided for, upon conviction for each ard every
offence, be fined in the 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, il shall
not be lawful for any person TO become intoxicated
by drinking spirltuous liquors within the corporate
limits OF said town; and any person who shall be
found within said limits in i state OF ntox;ca;ion,
shall upon conviction be fined in sum not less than
three more than ten dollars for each snd every
offence; 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 coart;
and such offender shall pay the costs of the prose-
cution and stand committed to prison until the fine
and costs are paid or replevied.
:. and be 1t further ordained: That, any and all
penalties fines and tOrfeitures recovered and paid
under this ordinance, 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.
]. B. n. KLINGER, President
ATTEST:
A. c. CAPRoy, Clerk. mayl4 26t3.
May 9th. 1857.