Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1875-03-18
THE NEW LAW.
Fuii Text Of the Act to Regulate
the Sale of Liquors.


Aositerau0n OF Liquors Forbtdde n.
The following is the iull text of the
now liquor law as it passed both Houses
OF the General Assembly
An Acr to regulate and license the ssle of spirtt-
ocs, sinoas and malt and other intoxicating TO-
uors, 10 limit the license fee to be charged by
cities and towns, and to repeal all former laws
regulating the sale OF intoxicating LIQUOR and all
laws and parts of laws coming IL conflict with
tns provisions OF THIS act prescribing penalties
Tor the violation thereof, and declaring an
emergency.
Section l. B. II enacted BY the General Assem-
bly,. OF the state OF Indiana That il shall be un-
lawful Tor any person or persons 10 directly or in
directly sell, barter or give away for any purpose
OF gain, any spurious, virous. or matt liquors. in
less Quantities than quart al time, without first
procuring IRON the Board OF Commissioners of the
county in which such liquor or liquors are to be
eold, hceree, IS hereirattsr provided, nor shall
any person. without having procured such license,
eel or barter any Intoxicating liquor to be drank
suffered 10 BE- drank IN his house. clubhouse
yard garden, or the appurtenanccs thereto belotg-
ing.
Sec 2. The words Intoxicating liquors. shall
spply to sny spurious, vinous, or malt liquors,
90 any intoxicating liquors whatever, which ID us
ed or may be used as beverage
SEES Any male inhabitsnt over the age of twen-
ty-one years desiring TO obtain license TO -el in
toxicatng liquors, shall give notice 10 the citizens
OF the township, town, city or ward, in which he
cesirer 10 sell by publishing in weekly newspa-
per IN the county notice, stating in the notice the.
precise location of the premises in which he desires
10 rel, and the kind OF liquors, whether only vim
Gus and malt EauOrs, or mslt liquors only or spir
itous, yinoue. and malt liquors, or vinOus liquors
only, st least twenty days before the meeting OF
the board, NJ which the applicant intends 10 apply
for license or IN case there is such paper pub
iished IN the county, then by posting up written or
printed notices, in three of the most public places
OF the township, in which he desires to sell. at
least twenty C2'D days before the meeting OF 81 n
board And il shal be the privilege of any voter
of said township TO demonstrate in writing against
the granting OF such license to any applicant on
sccount OF immortality or other unfitness (as is
specified in this ac;J
Sec 4. The Board of County Commissioners,
az such term. shall grant q license to such appli-
can't upon giving bond to the State of Indiana,
with at least two freehold suretes. resident with
IN said county, 10 be approved by the county Au-
cltor, IN the sum OF $1,000 conditioned that he
viii keep an orderly and peaceahe house, and that
be viii pay all fines and costs that may be assessed
sgainsi him for any violation OF the provisions OF
this act, and for the payment of all judgments for
civil damages grown out OF CnlaW full sales, pro-
yided for in this act which bond shall be filed with
the Auditor OF said county; provided said applicant
be NJ person TO be entrusted with the sal OF in
,oxicatng liquors. and if he he not in the habit of
becoming intoxicated. Provided. that no appeal
taken BY any person from the order of the board
granting such license shall operate to estop the
person receiving such license selling intoxi-
eating liquors Hereunder until the close o. the
next term of the court. in which such appeal Is
pending, at which such cause might be lawful y
trled, ana he shall not be liable a seller. without
license for sales made during the penGency
of such appeal. But he shall be liable for the vio-
lafon OF any OF the provisions OF this act during
euch time the zane as il regularly licensed.
Sec. S. II said applicant desire to sell spurious
vinous. and malt liquors in quantities OF less than
quart at time, he shall pay 10 the treasurer OF
eald county fifty dollars as license for one year
before license shall issue to him. such fee 10 be
paid into the school fund of the county, in which
salo license ie obtained and applied and expended
for common scaool purposes In the same manner
in which the revenue OF the common school funds
are now expended.
Sec. 6. No city OF Incorporated town shall
charge any person who may obtain license I'M
der the provisions OF this act more than the follow
ing sums Tor license 10 sell within their incorpo-
rated limits: cities may charge one hundred .dcl-
lars, and Incorporated towns one hundren dollars
IN addition to the sum provided for hereinbef0re.
SET :. Upon the execution of the bond as -
qujred in the fourth section of this act, and the
presentation of the order OF the hoard of commits
sionsrs granting him license and the county treas
urea receipt tor fifty dollars, il the application be
Tor yiDous and matt liquors only, a receipt for
one hundred dollars, II the application be tor the
eale OF spurious, yin0ls and malt liquors. as afore
sad the county auditor shall issue license to the
applicant for the sale OF such liquors as he applied
Tor, in less quantities than quart at time, with
privilege OF permitting the 10 be drank in the
premises, as stated in the aforesaid notice, which
license shall specify the name OF the applicant,
rne place OF sale, ard the period OF time which
sueh license is granted.
See 5 No license "a herein provided shall be
granted for a greater or less time than on,. wear
SEC 2. A license granted under the provisions
a. Tbs set shall not authorize the person cens-
Ell 70 81 II or barter any intoxicating, vinous, or
malt liquor on Sunday, nor upon any legal holiday
1"r upon the day Of any state, county, township,
~ nj nicipal election il the township, town. or
siiy. where the same may ne holden, nor between
The hours OF II p. NJ aud A. NJ. and upon the
conviction thereof he shall be deemed guilty OF Il
rlsdtmeaEor, and be fined in any sum rot less
lhan ten nor more than fifty dollars; and for
second conviction he shah forfeit his license
which shall be part of the Judgment OF the court
trying the same.
Sec 10. Every person who shall directly or in
directly, SELL barter, give away any intoxicating
spurious, vnous or malt liquors to any person who
is IN the habit OF being intoxicated, after notice
shall have been given him in writing by the wife,
child. parent, brother sister OF such person. or
BY the trustee of the township where he resides,
that such person is in the the habit of being intoxi
Gated, shall be deemed guilty of misdeneanor and
upon conviction thereof shall be fined not less than
$40 nor more than $50.
Sec lo1s. Any person of eound mind found in
any public place in o state of infoxicafon shall be
deemed guilty of misdem, amor, and upon con-
slction Dc fined IN any sum not less than 81 nor
more than s. for each ofense.
Sec. H. Any person not being licensed accord
ing TO the provisions OF THE act, who shal sell or
barter directly or indirectly any spritous, vinous
or malt liquors in less quantity than Quart At
time, or who shall sell barter any spurious, vi
mons, or malt liquors to he drank suffered TO be
drank IN his house, oufhouee, yard, garden or the
appurtenances thereto belonging, shall be deemed
guilty OF q miedemeanor, ard upon conviction
thereof shall be fined in Gum not less than twen-
~ nor more than hundred dollars, to which the
court or jury trying the cause may cdd imprison-
mert in the county Jail of not less than thirty days
nor more than six months
Sec. u. If any person shall cell barter or give
away, directly, any epiritous, vinous or malt Equ
ors TO any person uncer the age OF twenfy-one
years, he shall be deemed guity of misdemeanor,
and upon conviction thereof shall BE- fined in any
sum not less than ten nor more than fifty donars.
Fec. -. II any person under the age of twenty
one year, shal misrepresent his age and state
himself to be over twenty one yeare of age, in
Ger 10 purchase spurious, vinous or malt liquors,
he shan be deemed guilty of misdemeanor, and,
upon conviction thereof, shall be fined IN any sum
not less than ten nor more than fifty dollars.
Sec. "a. Any persian who shall sell, barter or
give away any spurious. vinoue or malt liquors TO
any person at the time IN state of infoxicafion,
shall be deemed guilty Of misdemeanor, aud up
on conviction thereof shall be fined in sny sum
not less than ten nor more than fifty dollars
sec- 10. Any person who shall adulterafe, or
who shall sell or offer for sale any spurious vinous
or maxi liquors which have been adulterated By the
admiJture OF any deleter;ous substance herewith,
eha0 be deemed guilty OF misdemeanor, and mp
not less than nifty nor mcy- than five hundred dol
iars, TO which the court or jury trying the same
may add imprisonment In the county Jail of not
Jess than thirty days nor more than six months.
Fec. It, Every place, aroor, room shed,
wherein spiriforS yinous or malt hqnors are sold
sartered- or given away, suffered TO be drank If
kept In disorderly manner; shall be deemed a
common Nuisance, and the keeper thereof, upon