Year: 1859

just passed both Houses of the Legislature.
1t will meet with the universal appreciation
of the people, but there are some intima-
tions that the Governor will veto it;


As there is a general anxiety to be in
formed of the provisions of the act which
has passed both branches of the Legislature,
regulating the traffic in drinking beverages
in the State of Indiana, we give below Il
synopsis of the material portions as adopted
after its reference to the joint Committee of
Conference. The act has not yet received
the Executive approval.


The first section provides that no per-
son shall sell or barter, either directly OF
indirectly, any spirituous, vinous, malt orin~
toxicating liquors, by less quantity than
one gallon at time within this State, with
out first procuring from the Board of Conn
nisSioners of the county in which sue b
liquors are to be sold, license


Section second requires that any white
male inhabitint desiring to procure alicense,
shall give notice of his intention to apply
fer the same by publishing n notice i'll a
weekly paper, and if no paper is published,
by posting three notices in the most con-
spicuous places in the township where he in
tends to sell, twenty days before the meet
ing of the Board, stating the precise location
of the premises where he desires to sell, and
any inhabitant has the privilege of remon-
strating in writing against the granting of
the license to any applicant, ON account of
immortality or unftness


Section third confers upon the County
Commissioners power to grant licenses upon
the conditions that the required notice has
hoo nixy Ia hof ho
man of good moral character and fit to be
trusted with said business, and upon his Civ
ing bond with at least four freehold sureties
of said township, to be approved by the
County Auditor, in the sum of So, 900, con-
ditioned that he will keep an orderly and
peaceable house, and that he will pay fines
and costs assessed against him for any vio-
~lation of this act, and to pay all damages
and costs that may accrue under the provis-
ions of this act, giving the right of action
to the wife, child, or other person injured by
the sale of liquor


Section four requires that each applicant
shall pay the treasury of the county, before
license is granted not less than $40 nor
more than 81, 900, to be determined by the
County Commissioners, as fee for license
for one year-any amount paid for license
to any incorporated town or city 10 be de-
Quoted therefrom-and all licenses collected
by any authority, to be paid into Common
School Fund in the county where paid.


Section five provides the manner of issu-
ing license by the County Auditor.


Section. six provides that no license shall
issue for greater or less term than one
year.


Section seven declares that the license
under this act shall not authorize any to sell
or barter any spirituous, vinous, malt or
other liquors on Sunday, to any minor, TO
an intoxicated person, or on the day of any
State, county, township or municipal cleo
ton in the township or city where the same
be holden.


Section eight provides for the collection of
fine Of not less than S5 nor more than $50
for each offense for selling to any person in
the habit of being intoxicated, after notice
has been given to that effect.


Section nine provides that any person
not licensed who shall sell or barter any in
tOxicating liquors less than gallon, to be
drank on his premises, shall be fined in a
sum not less than 50 nor more than ST. 90 for
each offense, to which the court or jury may
add imprisonment in the county Ill not to
exceed three months.


Section ten provides the same penalties
for selling or giving away intoxicating
! liquors to a minor or intoxicated person.
Section eleven provides for a fine of not
| less than $50 or more than $500, to which
may be added Imprisonment in the county
Jail not over three months, for adulterating
intoxicating liquors intended for sale, or for
selling adulterated liquors.


Section twelve pro, ides that every place
where intoxicating liquors are sold or given
away, if kept in disorderly manner, and
every house or place wherein any drugged,
poisoned or impure liquors, or liquors mix
ed with any poisonous or deleterous sub
stances are kept To be sold or given away,
shall be deemed common nuisances, and the
keeper thereof shall be fined not less than
$50 nor more than 5000, to which may be
added Imprisonment for not exceeding three
months; but this section not to take effect
from the time of the passage of this act until
the next meeting of the County Commits
sioners thereafter.


In section thirteen, the Courts of Common
Pleas and the Circuit Courts within theil
respective Jurisdictions to have concurrent
jurisdiction for the violation of this act
and it is made the duty of grand jurors tC
take c0gnlLance OF Such O1enSeS.
Section fourteen gives Justices of Peac,
jurisdiction to try causes under this act, pro
vding that in the opinion of the Justice o.
Jury trying the case, if a fine of $25 is no
sufficient, the party offending to be bound
over to a Court having competent jurisdic
ton.


Section fifteen permits druggists to sci
intoxicating liquors in less quantities thar
,allon, for me licinal purposes, and ''noth
ing contained in this act shall be so constru
ed as to prohibit the sale in any quantity b,
the manufacturers of WINE and cider, from
fruits grown by the manufacturer or an,
other person within this Safe, provided tha
the aforesaid manufacturer shall not sci
such wine or cider to be drank, or suffe
the same to be drank in mis- house, out
house. yard or garden, or on any of his prem
ises -


Section sixteen makes it the duty of tn
proper district or city attorney, when in
formed, to Immediately prosecute violation
of the.act, and upon failure, any other at
torney or citizen is authorized to prosecut
suit


Sections seventeen and eighteen repeal
all former acts in conflict with this, and pre-