Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1873-03-07
IndIana's Temperance Law.
The following is the full text of the
new Temperance law Of Indiana as pass
ed recently by the State Legislature;


to SELL barter or give away for any. purpose Of
gain, to any person whomsoever, any intoxicating
or premises whore the liquor Is sold, bsrtered, or
given away for tho purpose Of gain, until such per
son9r persons shall have obtained permit there
where he resides, as hereinafter provided.
SEC. 9 Any person desiring permit to sell in
toxicatng liquors TO be drank on the premises
shall hle In the office OF the auditor Of the proper
county not less than 20 days before the hrst day
HS i of SUCH county petition iS writ f.
Ing stating therein the building or number street
cd be- ssned payST t%s Sr pt Il nd
such county and citizen or the state Of Indiana,
sach permit which petition shS ali ys be signed e y the
apRlSaR 8aI and also %siGri'Lot the legal voters
imam Incorporated town, or township where the
ssppIicsnt. proposes 70 sell Intoxicating liquors
untfthe next ensuing regular session Of the board
OF eommissioners, when Il shall be presented to
the board for their action. The board shall exam
m proper form, and that 1t has been signed as
heretofore required, shall direct permit 10 be
Issued under the hand aud seal Of said auditor,
upon his complying with the provisions OF this act
snd Paying The costs of hng and recording said
SEc. 8. Before the granting Of permit by the
oo9rd OF commissioners, the applicant shall cause
tobe executed and properly Acknowledged before
OF deeds, bond payable to the State OF Indiana,
N the sum Of three thousand dollars with good
1reehoid security thereon Of not less than two
persons to be approved by the board Of commits
Moners, and conditioned for the payment OF any
and an hnss penalties and forfeltures incurred by
reason OF tne violation OF any OF the provisions of
this act and conditioned further that the principal
and sgreties therein nagped shall be Jointly and
sone any and all damages which shall in any man
ner be suffered by or inflicted upon any such per-
son OF persons, either in person or property, or
means oi support, by reason OF any sale or sales Of
lntoxlcating liquors to any person, by the person
RECEIVING such permit, or by any OF his agents or
employees; Separate suits may be brought on said
bond BY the person or persons injured but the ag-
gregate amount recovered thereon shall not exceed
the said snm Of $4,000 and In case the amount OF
said bond shall be exhausted by recoyeries there
on, q new BOND IN the same penalty and with like
suIsnes snail be fled within ten days, and in de-
1auItthereof said permit shall be deemed to be
yoked, Such bond, after ite approval by the board
OF commissioners, shall be hied in the Office OF the
audiLor OF the county, and ahall be recorded by
sxch auditor forthwith In book prepared for that
purpose, and shall there remain for the use OF the
state OF Indiana, and for the Of any person or
persons sunerlng as hereinbesore set forth. Such
bond may be sued and recovered upon in any court
having civil jurisdiction in the county except JUS
tees courts, by or for the use Of any person or
persons or their legal representatives who may be
Injured or damaged by reason of any sale or sales
OF lnloxlcstng liquors by the person receiving this
PsrmlL OF py any OF his agents employees. The
record OF the bond or copy thereof, duly certified
by such auditor, shah be admissible in evidence in
any SUIT on such bond, and shah have the same
force and effect the original bond would have II
offered In evidence. -
sV. Z; Ine whoe number OF votes cast for can
oluates Tor Congress al the last preceding Con-
gressional election in the township and the whole
OF votes for councilman or trustee in any
Waru or town at the astlpreceding municipal elec-
tlons In any city or town in which the applicant
I9r permit desires to sell said intoxicating liquors.
Sna oar pc Seemed 70 be the whole number Of legal
voters OF such ward, district or township, major
1Yoi whose names shall be signed to the petition
OF such applicant And 1t ie further provided that
any person not legal voter in said ward, district
or township, who shall sign said petition, or any
& &Persoh VINO signs the name of any person other
taned or said person to so sign his name shall be
hned not less than $50, nor more than 800, for
each signatures so made. ~
sHo. o No permit as herein provided for shall
De granted Tor longer or shorter period than one
year. IL shall be the duty Of the auditor Of the
county 70 furnish to the persons to whom such per
mt ls granted, copy OF the order of the commits
sioners granting the permit which copy shall show
In conspicuous letters the date of the Commence
N sgsn permit and Of it's expiration And it
the commissioners, certified by the auditor shall
DG nung up In conspicrous place in the room
all times be seen and read by any person desiring
10 doso. Should any person holding permit be
sc nGeS OF violating any Of the provisions OF this
permit. ~ -'~ ~
SEQ. 6. 1t shall be unlawful for any person, by
himself or agent, to SELL barter, or give ntoxicat-
ing liquor to any minor, to persons intoxicated
or to persons who are in the habit of getting intox
SEC. Z. All places where Intoxicating liouor Is
sold In violation OF this act shall be taken. held
and declared to be common nuisances; all rooms
stores, groceries, coffee houses cellars, or other
places Of public resort where intoxicating liquors
are sold in violation Of this act, shall be shut mp
and abated as public nuisanees upon conviction
OF the keepers thereof, who shall be punished as
hereinafter provided.
SEC. 8. Any person or persons who shall by the
sale OF Intoxicating liquor, with or without per.
init, cause the intoxication in whole or in part Of
any other person, shall be liable for and be COM
pelledt 70 pay a reasonable compensation to any
person who may take charge OF aud provide for
such intoxicated person for every day he she is
cared for, which sum may be recovered in any ac-
tionof debt before any court having competent
jurisdiction.
SEc.9. Itshan be unlawful for any person to
get intoxicated Any person found In a state of
1ntoxcatlon shall, upon conviction thereof, be
fined in the sum of IS; any person convicted OF
intoxication shall be required upon trial to des-
ignate me person or persons from whom the liquor
in whole or in part, was obtained. In default Of
so designating such-person, he or she shall, in ad
of his or her punishment for the offense, be i'm
pris9ned in the county jail not less than one day,
nor more than ten days, at the discretion Of the
SEC. 10. A permit granted under this act shall
not authorzethe person go receiving 1t to sell in
@ .O1ieanng LIQUORS on sunday, nor upon the day OF
IN the township, town, or city where the same may
be holden, nor upon Christmas day, nor upon the
nor-upon any public holiday nor between 9 clock
Pm. and O'Clock A M and any or all sales made
on any such day, or after O'Clock ON any evening"
are hereby declared to be uzawful, and upon con
vietion thereof shall BE- fined not less than as nor
more than $25 for each and every sale made in vo-
SEC II. The bartering or giving away of intoxi-
eating liquors, or other shift device 10 evade the
keeping liquor for safe or by his agent or employe
at the place where the same are kept for sale shall
be deemed and held to be an unlawful selling or
giving away for the purpose OF gain within the pro-
vision Of this act.
SIC 10 In addition to the remedy and right of
action provided for in section s Of this act,
NnAf ant Afavn
employer, or other person who shall be injured
IN person, or property, or means OF support by
toxcation, haSitSa OK Otherwise of any person Ul
shah have right OF action in his own or her
name, severally or jointly, against any person or
ing away intoxicating liquors. have caused the
iutoxication, in whole or in part, Of such per-
son; and any person or persons owning, renting
leasing, or permitting the occupation of any,
building or premises, and having knowledge that
intoxicating liquor is to he sold therein, or, hav-
ing leased the same for other purposes, shall
knowingly permit therein the sale OF Intoxicating
liquor, or who, having been informed that intOx-
icatng liquor Ia sold therein, that has caused, in
whole or In part, the intoxicauon Of any person,
whoehall not Immediately after being so informed,
take legal steps to dispossess said tenant or lessee,
bartering, or giving away intoxicating liquors
as aforesaid 70 any person or persons injured, To-
all damages, and for exemplary damages Provid
ed, however, that execution on any such Judgment
shall first be levied on the property OF the person
selling, oartering or glTilg away such liquor And
in the event OF failure Orinsuhcency of such prop
erty 10 satisfy the judgment thereof then OF the
other defendants. married woman shall have
the same right to bring suit and to control the
came, and the amount recovered as femme SOLE
And all damages recovered by minor under this
act shall be paid either to such minor or TO his or
her parent, guardian or next friend, as the court
shall direct The unlawful sale or giving away of
Intoxicating liquor shall work a forfeiture Of all
rights Of the lessee tenant, under any lease or
contract of rent upos the premises where such un-
lawful sale, or barterng or giving away shall take
place. All suits for damages under this act may
be by any appropriate action in any Of the courts
OF this State having competent jurisdiction. All
judgments recovered under the provisions OF this
act may be enforced without any relief etc.
SEC IS. In all cases where husband, wife, pa
rent, or child, or guardian, shall have right OF
action, es provided In section ~ OF this act, and
shallfail OR refuse TO prosecute the same, and in
all cases where such intoxicated person has neither