, 1879-12-04
TaE H35lTyil GgyaHAR0 LAW
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Sg. l. Bo .r enacted. Nr, Tint
suv person addicted to the excessive
use ol int iJca,iug liquors may, up.
ou complaint thereof, made as here
matter provided, be adJudged an
hahi,ual iruukard.
SrJ .. Either the father. hus.
baud, mother, wife, son or daughter
ui any person addicted TO the eKcss.
sjve use yf Intoxicating liquors, or
any person .u the interest Of the
relative aggtisved or Of tho general
public may make complain, to the
Probate Judge OF the county where.
in such person 80 addicted resides,
that the person complained OF is an
hshitu.l drunkard, and that, in con.
sequence thereof, such person is
squandering his earnings or proper
", or neglects his business, or that
he abuses or msltrsats his family;
which complaint must he verified by
the oath of the complainant to the
effect that tho same is true.
SEC. 3, Upon the filing Of the
complaint, duly verified, the Probate
Judge shall cause copy thereof to
be served upon the accused forthwith
and shall summon him to appear and
answer, giving at least ten DAYS no
tice; and if, upon hearing Of the evi.
dence, the allegations Of the com.
plant are sustained, he shall in open
court declare the defendant to be an
habitual drunkard, and shall cause
the proceedings to be entered in full
upon the records of his court.
SEC, 1. The same fees shall be
allowed to the Probate Judge and
the Sheriff and Constable in all pro.
cesdings under the foregoing sec.
tions Of this act as are allowed by
law for like processes and services,
and like fees for Witnesses, as in civ.
il cases before Justices of the Peace,
and il the complaint is not sustained,
tho person making the complaint
shall pay the costs, and in case the
complaint is sustained, the person
accused shall pay the costs.
SEC. 5. Any person who shall
sell or give any Intoxicating liquors
to any habitual drunkard, as defined
IN the foregoing sections Of this act,
sbal! be deemed guilty of misde.
meanor, aud on conviction thereof
by any court having criminal juris
diction, shall be fine6 in ans sum not
less than fifty dollars nor more than
three hundred dollars, or be impris.
oned in the county Jail not less than
one nor rors than six months, at
the discretion of the court.
SEC. 6. Any person who shall be
injured in person or property, or
means of support, by any habitual
drunkard, as defined by this act,
while in state of inr0xication, or
in consequence of such ir.oxication,
shall have right of action in his'or
her own name, seyerally or jointly,
against any person who shall by sell
ing or giving intoxicating liquors to
such habitual drunkard, hare caused
his intoxicatioa in whole or in part;
and such persons selling or giving
such intoxicating liquors as aforesaid,
shall be liable, severally or Jointly,
for all damages sustained, and the
same may be recovered in civil ac.
ton. A married woman may bring
such action in her own name, ard all
damages recovered by her shall inure
to her separate use, and oil damages
recovered by a minor under this act
shall be paid either to such minor or
10 such person in trust for him or
her, as the court may direct.
Sec. z. This act shall take ,ffect
and be in force from and after its
approval.
Approved, Nov. II, 1879.