The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-03-27
THE TEMPERANCE LAW.

THE TEMPERANCE LAW.
An Act to provide against the evils resulting
from the sale of intoxicating liquors in the
State Of Mississippi.
| SECTION !. BE il enacted by the Legisla-
| ture of the State of Mississippi, That il
shall be unlawful for any person or persons,
| by agent or otherwise, without first having
obtained a license To keep grocery, to sell,
in any quantit", intoxicating liquors, 10 be
| drank in upon or about the building or
premises where sold, or to sell such intoxi-
eating liquors 20 be drank in any adjoining
| room, building or premises or other place
of public resort connected with said build
ing Provided, That no person shall be
granted a license to sell or give away in
toxicating liquors without first giving
bond To the municipality or authority au-
thoriZed by law TO grant license, which
bond shall run in the name of the people of
the State of Mississippi, and be in the penal
sum Of two thousand dollars, with at least
two good and sufficient sureties, who shall
be freeholders, conditioned that they will
pay all damages To any person or persons
which may be inflicted upon them, either
in person or property, or means of support,
by reason of the person so obtaining Ii
cen.e selling or giving away Intoxicating
liquors: and such bond NAV be sued and
persons, or their legal representatives., who
may be injured by reason Of the selling in
toXicating liquors by the person or his
agent 50 obtaining the license.
SIC. 2 Be it further enacted, That il
shall be unlawful for any person or persons,
ny agent or otherwise, to sell Intoxicating
liquors To minors unless upon the written
order of their parents, guardians or family
physician, or to persons intoxicated or who
81 I.at.T int.
SEC. g. Be il further enacted That all
places where Intoxicating liquors are sold or
given away in violation of this Act shall be
taken, held and declared to be common
nuisances; and all rooms, taverns, hotels,
eating-hOuses, bazars restaurants, drug
stores groceries, cohee-houses, cellars or
other places Of public resort, where intoN-
eating liquors are sold in violation of thi,
Act, shall be shut up and abated As public
nuisances, upon conviction of the keeper
thereof, who shall be punished herein
after provided.
SEC. I. BE it further enacted, That every
person who shall, 10y the sale Of Intoxicating
liquors, with or without "A license, cause the
intoxication of any other person, shall be
liable for and compelled to pay a reasonable
compensation TO any person who may take
charge OF and provide for such intoxicated
person, and two dollars per day in addition
thereto for every day such intoxicated per-
son shall be kept in consequence Of such
intox ication which sums may be recovered
in an action of debt before any court hav-
ing competent jurisdiction.
SIC. g. BE it further enacted That every
husband, wife, child, parent guardian, en-
ployer, or other person who shall be injured
III person or property, or means Of support
by any intoxicated person, or IN consequence
Of the intOXication, habitual or otherwise
of any person, shall have "A right of action
in his or her own name, scverally or Jointly,
against any person or persons who shall,
by selling giving away Intoxicating, Ii
quors have caused the intoxicatiOn, in whole
or in part of such person or persons; and
any person or persons owning, renting, leas-
ing or permitting the occupation of any
building or premises, and having knowledge
that intoxicating liquors are To be sold
therein, or who having leased the same for
other purposes, shall knowingly permit
therein the sale OF any oxicating liquors
that have caused, in whole or in part, the
intOxication Of any person or persons shall
be liable, severally or jointly, with the per
son or persons selling or giving away intoXi-
eating liquors aforesaid, for all damages
sustained and for exemplary damages; and
a married woman shall have the right to
bring suits and 10 control the same and the
amount recovered a tsme s0Le; and all
damages recovered by minor under this
Act shall be paid either to such minor or t.
his or her parent, guardian or next friend
as the court shall direct; and the unlawful
sale or giving away of Intoxicating Liquors
shall work a forfeiture of all rights OF the
lessee or tenant, under any lease or contract
of rent upon the premises where such un-
lawful sale or giving away shall take place
and all suits for damages under this Act
may be by any appropriate action in any
L 4 l. e 81 L.
tent jurisdiction.
SIC. 8. Be it further enacted, That for
violation Of the provisions of the first and
second sections Of this Act, every person 80
offending shall forfeit and pay fine Of not
| less than twenty nor more than one hundred
dollars, and be imprisoned in the Jail OF the
| county not less than ten nor more than
! thirty days, and pay the costs of prosecu-
ton and for every violation Of the provi-
sions Of the third section of this Act, every
| person convicted as the keeper of any of the
places therein described to be nuisanees,
shall forfeit and pay a fine Of not less than
! fifty nor more than one hundred dollars,
and be imprisoned in the Jail Of the county
| for not less than twenty nor more than fifty
DAYS, and pay the costs Of prosecution and
| such place or places 80 kept by such person
or persons so convicted shall be shut up and
abated upon the order of the Court before
| whom sucn CohNACIlOh may Dt ndu until Sutn
time as such person or persons keeping such
places shall give tond and security, TO be
| approved by said Court, in the penal sum Of
one thousand dollars, payable to the State
of Mississippi, conditioned that he, she or
/ they will not sell intoxicating liquors CON
trary to the laws of this State, and will pay
all fines, costs and damages assessed against
such keeper or keepers for any violation
thereof; and in case of forfeiture of such
bond, suit may be brought thereon for the
use of any person interested, or for the use
of the common school fund of the county,
in case of fire or costs due such county !;
provided, that the penalties in the nature Of
/ fines mentioned i'm this section may be en-
forced separately from the imprisonment be-
| fore any Justice of the Peace having juris-
dictiOn. sF +