The Kansas herald of freedom., 1859-05-21
Territorial Ians.
AN ACT

@-AteA@~1f@1o
Be it enacted By the Governor and Legisla-
tire assembly Of he Territory Of Kansas:
SECTION 1. That, before a dram shop
license, tavern license or grocery license
shall be granted to any person applying
for the same, such person, if applying for
a township license, shall present to the
tribunal transacting county business, a |
petition or recommendation, signed by |
majority of the householders of the town. |
ship or the county in which such dram
shop, tavern or grocery is to be kept, or,
if the same is TO be kept in an incorpo- |
rated city or town, then to the city coun- |
Gil thereof, a petition, signed by major
ity of the householders Of the ward in |
which said dram shop or tavern or gro
Gerry is to be kept, recommending such
person as fit person to keep the same,
and requesting that license be granted |
to him for such purpose.
SEC. 2. That upon every license grant
ed to dram shop keeper, and upon
every license granted to tavern keeper
or grocery, there shall be levied a tax Of
not less than fifty dollars nor more than
five hundred dollars, for every period of
twelve months, the amount of tax to be
determined by the tribunal granting the
license. The said tax to be paid into the
treasury of the county or city granting
such license. And it shall be the duty
of the board of county supervisors to APP
propriate all moneys received for license
under this act for the benefit of the town.
ship in which such license was granted.
SEC. 8. That any person, without TAX
ing out and having license as grocer,
dram shop keeper or tavern keeper, who
shall, directly or indirectly, sell any spir-
ituous, vinous or fermented or other in
toxicating liquors, shall be fined in any
sum not more than one hundred dollars
for each offense and any person convict
ed of violating these provisions shall, for
every second or subsequent offense, be
fined sum not more than the above
named, or, may be indicted for INSIDE
meanor, and fined not less than five hun
dred dollars, and imprisoned in the coun-
ty Jail not more than six months.
Sec. 4. That any person, who shall
keep open any porter, ale or beer house,
grocery, dram shop or tippling house, OF
shall sell or retail any fermen;ed, distilled
or intoxicating liquors on the first day of
the week, commonly called Sunday, the
fourth Of July, or upon any election day,
shall, on conviction thereof, be adjudged
guilty Of a misdemeanor, and fined sum
not less than twenty. five dollars nor more
than one hundred dollars, and be impris.
oned in the county Jail not less than ten
nor more than thirty days. If such per.
son is licensed as grocer, dram shoE
keeper or tavern keeper, he shall, in ad.
dition to the above provisions, forfeit hi:
license, and shall not again be allowed tC
obtain license under the law for tht
period OF two years next after conviction
SEC. 5. That, before any person shall
be licensed as dram shop keeper or gro
of this act, ho shall execute, TO the tri
bunal granting such license, bond, il
the sum Of two thousand dollars, with a
least two securities to be approved by sale
tribunal, conditioned that he will 10
keep disorderly house that he will no
sell or perEiit to be sold any intoxicating
liquors to any minor without the consen
of the guardian of such minor that h
will not keep bis dram shop, tavern o
grocery open on Sundays, fourth of July
or any election day, nor will he sell 0
allow to be sold thereat, on Sunday, fourtl
of July, or any election day, directly o
indirectly, any Intoxicating liquors; and
upon said person being convicted of an
of the offenses Enumerated therein, sui
may be brought against said principal an
securities, to recover the amount of tn
fine or fines adjudged against him on sal
conviction, in any court of competent ju
risdiction.
SEC. 6. That it shall be unlawful ia
any person or persons, BY agent or other
wise, to sell Intoxicating liquors to pei
sons intoxicated or who ale in the habi
of getting intoxicated, or any marie
man, against the known wishes Of hi
wife.
Sec. Z. That all places where intoxi
eating liquors are sold, in violation of th
act, shall be taken, held and declared t
be common nuisances, and all room
taverns, eating houses, bazaars, rcstar
rants, groceries, coffee houses, cellars {
other places of public resort, where il OF
icating liquors are sold in violation of tn
act, shall be shut up and abated as publ
nuisances.
SEC. 9. That it shall be unlawful f
any person to get intoxicated, aud ever
person found in state of intoxicatio
shall, upon conviction thereof before an
justice OF the peace, be fined the sum {
five dollars.
SEC. 8. That every person who shall
by the sale of Intoxicating liquors, eau:
the intoxication of any other person, sue
person or persons shall be liable for an
compelled to pay reasonable compens'
ton to any person who may take chars
of and provide for such intoxicated pc
son, and one dollar per day in additic
thereto for every day such intoxjcate
person shall be kept in consequence
such intoxication, which sum may be r
covered by q civil action before any cou
having jurisdiction.
SEC. TO- That every wife, child, parer
guardian, employer or other person, WI
shall be injured in person or property
means of support, by any intoxicated pc
son or in consequence ofintoxication, ha
itual or otherwise, of any person, SUI
wife, child, parent, guardian, employer
other person shall have right of actic
in his or her own name against any pers,
who shall, by selling intoxicating liquor
have caused tho intoxication of such pc
son for all damages actually sustained,
well as exemplary damages; and ma
ried woman shall have right to bring sui
prosecute and control the same and t
amount recovered, the same as if .fel
sole, and all damages recovered by n
nor under this act shall be paid either
such minor or to his or her parents, guar
ian or next friend, as the court shall
rect, and all suits for damages, under til
act, shall be by civil action in any of t
courts of this Territory having jurisdi
ton thereof
SEC. IL. That the giving away of j
toxicating liquors or other shifts or devil
to evade the provisions Of this act, sh
be deemed and held to be an unlawl
aall,o,. Sc Ali. n -