Marshall County Democrat. (Plymouth, Ind.) 1855-1859, 1859-03-17

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applicant, the place of sale, ard the period
of time far which such license is granted.
Sec. Z. No license as herein provided
shall be granted for greater or less time
than one year.
Sec. 8. A license granted under the pro-
visions of this act, shall. not authorize the
person so licensed to sell or barter any
intoxicating liquors on Sunday, nor to any
person under the age of twenty-one years,
nor to any porson or persons in a state of
intoxication, nor upon the day of any State,
county, township or municipal election in
the township or city where The same may
be holden.
SEC. 9. Every person who shall DIRECTLY
or indirectly. knowingly sell, barter or give
away any intoxicating liquor to any person
who is in the habit of being intoxicated.
after notice shall have been given him by
the wife, child, parent, brother or sister
seers of the poor of the township where he
resides, that such persons is in the habit of
being intoxicated, shall be deemed guilty
of misdemeanor, aud upon conviction
shall be fifty dollars.
Sec. 10. Any person not being licensed
according to the provisions Of this act, who
shall sell or barter, directly or indirectly,
any intoxicating liquor in less quantity
than GIart at a time, or who shall sell or
barter any intoxicating liquor to be drank
or suffered to be drank in his house, out
house, yard garden or appurtenauces there
to belonging. shall be fined in any sum not
less than five nor more than one hundred
dollars, to whioE the court or jury trying
the cause may add Imprisonment in the
equity Jail for any determined period not
exceeding thirty days.
Sec. ! l. If any person shall sell, barter
or give away any intoxtcation liquors to
any person under the age Of twenty
one years, or to any person at the time in
state af intoxication. the person SO offend
ing shall be fined not less than FIVE nor
more than one hundred dollars, to which
the court or jury trying the cause may add
Imprisonment in the equity Jail for any
determined period not exceeding thirty
days.
SEC -. Any person who shall adulterate any
intoxicating liquor, which is intended for sale, by
suDSItflCc lilcTc-
with. anS person who shall offer for sale sell
any intoxicating liquor, which shall have been so
adulterated as aforesaid, OH conviction thereof,
shall be fined in any sum not less than fifty nor
more than FIVE hundred dollars, to which the court
or jury trying the cause may add Imprisonment in
the county jail for any determined period not ex-
ccedng three months
SEC Is. Every place, house, room, arbor or
shed, wherein intoxicating liquors sold, bar
tered given away, suffered to be drank, if
kept in a disorderly manner, shall be deemed a
common nuisance, and the keeper thereof upon
conviction shall be fined in any sum not less than
fifty nor more than two hundred dollars, to which
may be added to the court jury trying the cause,
Imprisonment in the county Jail for any determined
period Of time not exceeding three months; provi-
ded, that no prosecution shall be instituted or
maintained against any person for any violation of
any of the provisions of this act occurring between
the time when it shall take effect, and the close of
the first regular session of the Board of Commits
sioners of the proper county thereafter the begin
ming of which session not taking place in less time
than four weeks after this act shall have taken eff
feet
SEC. II, Counts Of Common Pleas and Circuit
Courts, within their respective jurisdictions, shall
have concurrent jurisdiction to hear and determine
all complaints for the violation ofany ofthe provis-
ions of this act and the grand uries of the several
Circuit Courts, shall have, and it is hereby made
their duty to take cognizancc of offences against
its provisions, as in cases of felonies-
SEC. Is. Justices of the Peace within their re-
spectve counties shall have jurisdiction to try and
determine all arising under the provisions of
this act: Provided, that if in the opinion OF the
justice jury, trying such case fine of TWEEN
ty-five dollars shall he an inadequate punishment
for such violation; then the justice in such case
shall recognize the party in sufficient bond and
surety to appear at the next term OF any court OF
competent jurisdiction to answer said charge.
SEC. l6. All laws and parts of laws coming in
conflict with any Of the provisions of this act be
and the same are hereby repealed; but nothing in
this act shall be construed prohibit the Com
mon Councils ofcities and the Boards of Trustees
of incorporated towns from demanding and enforc-
| ing fee for license from all keepers of coffee
houses or other places where intoxicating liquors
are sold and drank within the limits ofther respect
i've corporations.
SEC H. It's hereby declared that an emergency
exists for the Immediate taking effect Of this act.
1t shall therefore he in force from and after Its pub
LEGATION in the Indiana State Sentinel and the Indi
ana State Journal.
Nv. GORDON,
Speaker of House of Representatives.
"A. HAMMOND,
President of the Senate.
| Approved March 5, 1859.
ASHBEL P. WILLARD.
Governor of the State of Indiana.
STATE OF INDIANA, !
SEcRETARy's OFFICE.
do hereby certify the above to be true and
complete copy of the enrolment, now on file in
the office of Secretary of State.
Witness my hand and seal of the State, at Indian
| apolis the 9th dav of March, A. d. 1859.
CYRUS L. DUNHAM.
Secretary ofState.
u The collector of the town Waikiki, n. Y,
has attached and offered for sale "one pair of