Marshall County Democrat. (Plymouth, Ind.) 1855-1859, 1857-05-14
ORDINANCE.
Be il ordained by the President and Board of Trus
tees of the Incorporate town of Plymouth, in
the County of Marshall and State of Indiana:

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
to sell by retail to be drank, any splritu
Gus liquor, liquor contang alcohol in sufficient
quantity to produce intoxicaton by drinking nor for
anyoher use than to be used at the dwelling or place
of business of the purchaser for of the following
purposes, to-wit: Mechanical, chemical, medical,
or culinary;cr to be used by some religious demon
ination of christians for sacramenta purposes; nor
shall any person be permitted to so SELL directly or
indirectly within the corporate limits aforesaid any
such liquor for any purpose or use exeep. .he pur
poses above specified, without first obtaining q IL
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 enacted; That, places to sell
spirituous liquors by retail, not exceeding two,
withnthe corporate limits of said town may be au-
thorized 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 ti1ne-or to the Trustees afore
said when in session, signed by not less than twen
tyfve reputable freehoders and voters living with
in the corporation requesting license to be grant
ed to such applicant, to retail spil1tu0us 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 appli-
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 an orderly house
and permit no riotous or improper behavior there
in, keep the same open on Sunday, or after ten
o'clock at night. That he will not SELL or suffer
to be sold or given away, on his premises any spir
ituous malt or fermented liquors containing alco-
ho, to any habtua drinker of spirtuous 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
"e dollars for each and every violation, to be
covered on no.;ce and motion before any Justice of
the neace That he w::..l nay all damages, costs,
EXPENSES and for all trouble incurrcd hv any per-
son, directly or colateraly, by of any sale
ofsprituous 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 sad damages
&C., or fees and penalties be recovered, as herein
after provided-and in said bond mentioned, to be
paid without relief from valuation or appraisement
laws.
Out of the applications presented said Trustees
may select two, and on the approval of the bond
and petition, NAV 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 attested by the corporate
seal, to vend spiritual liquors by retail within the
corporate limits of said town for the period of
year, for which an order shall be entered in due
form on the Records of the proceedings of said
Trustees
3. And be il further ordained: That, under said
license, said person so licensed may sell spirtuous
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 forfcitures thereon
expressed, and said person so lcenseds 81 II 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. Aad be it further ordained: That, on any
breach of any condition of said bond or the accrr-
ing of any damages, costs, expenses, or anv trou-
bic to any person by reason of any sale made by
such person so 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 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 receipt
therefor-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 selln OF
giving away, directly indirectly any spirituous OF
alcoholic liquors, except as herein above excepted
shall upon conviction be fined ten dollars for each
and every offence besides the costs of the prosecu
ton, and stand committed to prison until the fine
and cost is paid or replevied.
| s. And be 1t 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 forfeures hereir
provided for, upon conviction for each and ever,
offence, be finedn the sum of ten dollars, in thu
same manner as in the last section is provided fo
/ fines for violation of this ordinance.
Z. And be ii further ordained: That, il shall
not be lawful for any person to become intoxicate,
by drinking :pirtuous liquors. within the corporate
| limits of said town; and any person who shall b,
found within said limits in state of intoxication
shall upon conviction be fined in sum not less thai
three nor more than ten dollars for each and ever
offences and it is hereby made the duty of the Mar
shall to arrest all persons found intoxicated, ant
confne them until sufficiently sober to be tried AM
then complain of them before some proper court
and such offender shall pay the costs of the prose
cution and stand committed to prison until the fin
and costs are paid or replevied
8. And be ii further ordained: That. any and al
penalties fines and forfeitures recovered and pail
under this ordinance, shall be paid into to the treas
uay of said town as part of the general fun
thereof, within ten days after payment thereof b
the proper person. either to the clerk, or into an
court, rendering judgement therefor and collecting
the same.
J.B. n. KLINGER, President.
ATTEST:
A. c. CAPRox, Clerk may14-26t3.
Nav 9th 1851