Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 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:


ed recently by the State Legislature:
bly, Of the State of Indiana That 1t shall be unlaw
tul Tor any person or persons by himself or agent
TO sell, barter, or give away for any purpose OF
lam 70 any person any Inv 5ndng
or premises where the liquor is sold oartereo, OF
given away for the purpose of gain, until sucn per-
son or persons shall have obtained permit mere
for from the board of commissioners of the county
where he resides. as hereinafter PROVIDED.
SEC. g. Any person desiring permit to sell in
sba e IN the Office of the auditor Of the proper
county not less than 20 days before the first day
of the term of any regular session OF the board OF
ing stating therein the building, number, street.
ward, or township wherein the permission is ask
ed to be granted, praying for such permit and
egcb o f o ndan o.
and that he is proper person to have and receive
such permit, which petition shall be signed by the
a1d as9 ri Of the legal voters
In an incorporated town, or township where the
applicant proposes to sell Intoxicating liquors.
Such petition shall be kept on file by the auditor
until the next ensuing regular session of the board
OF commissioners, when 1t shall be presented to
the board for their action The board shall exam
Inc such petition, and if satisfied that the is
IN proper form, and that it has been signed as
heretofore required, shall direct a permit to be
issued under the HAND and seal of said auditor,
and delivered to the person named in such permit,
and paying the costs of filing and recording said
petition, and costs of issuing said permit.
SEC. 8. Before the granting of permit by the
board OF commissioners, the applicant shall cause
TO be executed and properly acknowledged before
an officer authorized to take an acknowledgment
OF deeds, bond payable to the State of Indiana
IN the sum of three thousand dollars, with good
freehold security thereon of not less than two
persons, to be approved by the board Of commits
s1oners, and conditioned for the payment of any
and all fines, penalties and fOrfeitures incurred by
r. fhAr rlottA as/
this act and conditioned further that the principal
and sureties therein named shall be jointly and
seVeray liable, and shall pay to any person or per-
SONS any and all damages which shall in any man.
ner be suffered by or inflicted upon any such per-
son or persons, either in person or property, or
means of support, by reason of any sale sales of
Intoxicating 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 sum of $4,000, and in case the amount of
said bond shall be exhausted by recoveries there
on, a new bond in the same penalty and with ike
suretleS shall be filed within ten days, and in de-
fault thereof said permit shall be deemed to be
vOked. Such bond, after its approval by the board
OF commissioners, shall be filed in the office of the
auditor of the county, and shall be recorded by
such 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 suffering 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 intoxicating liquors by the person receiving this
permit or by any of his agents or employees. The
record OF the bond or copy thereof, duly certified
by such auditor, shall be admissible in evidence in
any suit on such bond, and shall have the same
force and effect as the original bond would have if
offered in evidence.
SEC 4. The whole number of votes cast for can
didates for Congress at the last preceding Con
gressional election in the township, and the whole
number of votes for councilman or trustee in any
ward or town at the lastgpreCedng municipal cleo
lions in any city or town in which the applicant
for permit desires to sell said Intoxicating LIQUORS
shall be deemed to be the whole number of legal
voters of such ward, district or township, major
1ty OF whose names shall be signed to the petition
OF such applicant. And it is further provided that
any person not legal voter in said ward district
or township, who shall sign said petition or any
person who signs the name of any person other
than himself without the permission previously OBJ
tanned of said person to so sign his name, shall be
fined not less than $50 nor more than $10O for
each signature so made.
SEC. 5. No permit as herein provided for shall
be granted for longer or shorter period than one
year. 1t shall be the duty of the auditor of the
county to furnish to the persons to whom such per-
nit is granted, copy of the order of the commits
sloners granting the permit which copy shall show
In conspicuous letters the date of the commence
ment OF such permit, and of its expiration. And it
Is further provided that such copy of the order of
the commissioners, certified by the auditor, shall
be hung up in a conspicuous place in the room
all times be seen and read by any person desiring
to do ~. Should any person holding permit be
convicted of violating any of the provisions of this
act, such conviction shall work forfeiture on his
permit M
SEC. g. It shall be unlawful for any person, by
himself or agent, to SELL barter, or give intoxicat-
ing liquor to any minor, or to persons intoxicated,
or to persons who are in the habit Of getting intox
icated.
SEC. Z. All places where intoxicating liquor is
sold in violation of this act shall be taken. held
and declared to be common nulSancnS. all
taverns, eating-houses, bazars, restaurants, drug
stores, groceries, coffee houses, cellars, or other
places of public resort where Intoxicating liquors
are sold in violation Of this act, shall be shut up
and abated as public nusances upon conviction
of the keepers thereof, who shall be punished as
hereinafter provided.
SEC. s. Any person or persons who shall, by the
sale of intoxicating liquor, with Or without per-
NIT, cause the intoxication, in whole in part of
any other person, shall be liable for and be COM
PEELED TO pay a reasonable compensation to any
person who may take charge of and provide for
such intoxicated person for every day he or she is
cared for, which sum may be recovered in any ac-
tlon of debtbefore any court having competent
Jurisdiction.
SEC. g. 1t shall be unlawful for any person to
get intoxicated. Any person found IN a state of
intoXication shall, upon conviction thereof, be
fined in the sum of IS; any person convicted of
intOXCatiOn shall be required, upon trial, to des
ignate the 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 adj
dition to the fine above mentioned, and as part
OF his or her punishment for the offense, be i'm
prisoned in the county jail not less than one day.
nor more than ten days, at the discretion of the
aOurt.
SEC. 10. permit granted under this act shall
not authorize the person so receiving it to sell in
oXiCating liquors on Sunday nor upon the day of
any state, county, township, municipal election
in the township, town; or city where the same may
he holden, nor upon Christmas day, nor upon the
Fourth of July, nor upon any Thanksgiving day,
nor upon any public holiday, nor between O'Clock
PM and O'Clock A: m. and any or all sales made
INV oU NJ after np1ppy ON INV XyoYi pfr
are hereby declared to be unlawful and upon con-
victon thereof shall be fined not less than S. nor
more than $25 for each and every sale made in vio
latiOn of this section.
SEC. II. The bartering or giving away of intoxi-
eating liquors. other shift or device to evade the
provisions of this act by any person or persons
keeping liquor for sale, or by his agent employee
at tbs place where the same are kept for sale shall
be deemed and held to he an unlawful selling or |
giving away for the purpose Of gain within the pro-
Vision of this act
SEC IL. In addition to the remedy and right of
action provided for in section s of this act |
every husband, wife, child, parent, guardian,
in person, or property, or means of support, by |
any intoxicated person, or in consequence of in
habitua or otherwise, of any person. |
shall have right of action in his own her |
name, scverally jointly, against any persOn or
persons who shall, by selling, barterng, or Civ
ing away intoxicating liquors. have causeG ire |
SON; and any person persons owning, renting |
leasing, or permitting the occupation of any,
building or premises, and having knowledge that |
liquor is to be sold therein, or hav-
ing leased the same for other purposes, shall |
permit therein the sale of Intoxicating
liquor, orwho, having been informed that intox-
eating liquor is sold therein that has caused, in
whole or in part the intoxication of any person,
who shall not immediately after being so Informed,
AXE legal steps to dispossess said tenant or lessee
shall be liable, jointly with the person selling,
oartering, or giving away intoxicating liquors
Is aforesaid to any person or persons injured, TO-
Ill damages, and for exemplary damages. Provid
I'd, however, that execution on any such judgment
shall first be levied on the property of the person
selling bartering or giving away such liquor. And
n the event of failure ornsuficency of such prop
9rty to satisfy the judgment thereof, then of the
other defendants A married woman shall have |
The same right to bring suit and to control the