Rensselaer Union, Volume 5, Number 23, Rensselaer, Jasper County, 27 February 1873 — The New Temperance Law. [ARTICLE]

The New Temperance Law.

Section 1, Be it enacted by the General Assembly of thh Btnte of Indiana, That it shttll be unlawful for any person or persons; by himself or agent, to sell, batter, or give away for. any purpose or gait), to any person, whomsoever, any intoxicating liquors to be drank in, upon or about the building or premises where the liquor is sold; bartered or given away tor the* purpose ot gain, until streb person, or persons shall have obtained tt pt rmit therefor from the Board of Comnuss toners of the county where tie resides, as hereinafter provided.

Sec. 2. Any person desiring a permit to sell iutoxieating liquors to lie drunk on tlie premises, shall fiTe -iu. the office .of tlie Auditor r»f the proper county, not less than twenty days before the first «iay of the term of any regular “Session of the Board of ers of such couuty, a petition in writing, stating ihere'in the building, or number, street, ward or township wherein the permission is asked to he granted, praying for such permit, and Certifying that the applicant is a resident voter of such county and a citizen of the Btateof Indiana, and tiiat he is a proper person to have and receive such permit, which petition shall he signed by the applicant, and also by a majority of the legal voters resident in the ward, if it be in a city, or town, if in an incorporated town, or township where tlie applicant proposes to sell intoxicating liquors.— Bitch petition shah he kept on ft ie by the Auditor until the next ensuing regular session of tlie Board of Commissioners, when it shall be presented to the Board for th«ir action. The Board shall examine such petition, anti if satisfied that the same is in proper form, anti that it has boon signed as heretofore required, shall direct a perm it to be issued ulider tlie hand and seal of said Auditor, and delivered to tlie person named in such permit, upon his complying with the provisions of this act, and paying the costs of filing and recording said petition and costs of isstling said permit. Bee, 3. Before tlie gianting of a permit by the Board of Commissions: ers, tlie applicant shall cause to be executed and properly acknowledged before an officer authorized to take an I acknowledgement of deeds, a bond payable to tlie State of Indiana, in tile sum of three thousand dollars, with good freehold security thereon of riot less than two persons to he approved by the Board of Commissioners, and conditioned for the-payment of any" and—all fines, penalties anti forfeitures incurred hv reason of tlie violation of any of the provisions of this act, and conditioned further that the principal and sureties therein named shall he jointly and severally liable, ami shall pay to any person or persons any and all damages which shall in any manner lie suffered by or j inflicted upon any such person or persons, either in person or property, I or means of support, by reason of any | sale or sales of Intoxicating liquors to I any person hv tlie person receiving | such permit, or by any of his agents lor employes. Separate suits may he I brougirt-on said-bond by the person ! or persons injured but the aggregate ■ amount recovered thereon shall not (-exeeeaLtlni said sum'of 53, 1 100. and in ! case the amount of said bond slmil be j exhausted by recoveries thereon, a i new bond in the same penalty and with like sureties shttll he filed within ten days, and in default thereof said permit shall lie deemed to be revoked. Hitch bond, after its approval by tlie hoard of commissioners, shall be filed in tlio office of tlie Auditor of the county and shall lie recorded by such Auditor forthwith in- a Oootrprepared for that purpose and slutll there remain for tlie use of the State of Indiana, and for tlie use of any person or persons suffering as hereinbefore set i forth. Buell bond may be-sued and recovered upon in any court having ' civil jurisdiction in the county, ex- : cept justices’ courts, by or for the use - of any person or persons or their legal [-representatives wild—may be Jl *j tired i or damaged by reason of any sale or sales of intoxicating liquors by tlie | person receiving this permit or by | any of his agents or employes. Tlie : record of tlie bond or a cop> thereof, - duly certified by such Auditor, shall he admissible in evidence in any-suit ~oih SUCh bond.mid Shall have tlie same force and effect as the original bond would have if offered iii evidence. Sec. 4. Tlie whole number of votes cast for candidates for Congress at the last preceding Congressional election j in the township and tlie whole num- | l>cr of votes for councilman or trustee in any ward or town at tlie last prei ceding municipal election in any city ! or town in which the applicant for permit desires to intoxicating iiq-uors snail be deemed to he tlie whole number of legal voters of such ward, district or township, a majority of whose names shall be signed An tlie petition.pf such applicant. And it is further provided that any person not a legal voter in said ward, district or township, who shall«ign shit) DfeffUun or any person who signs the name of any person other than himself wittioutthe permission previously obtained of said person to so sign his name, shall be fined not less than Sot) nor more than £lO9, lor each signature so made. Sec. 5. No permit as herein provided for shall he granted for a longer or shorter time than tine year. It shall be .the duty 'of the Auditor of tire county to furnish the personsto whom such permit is granted, a copy of the order of the Commissioners granting the permit, which copy shall show in conspicuous letters the date of the -commencement of such permit, and of its expiration. And it is further provied, That such copy of the order of the Commissioners, certified'by the Auditor, shall he hung up in a conspicuous place in the room where such liquor is sold, where the same may at all times be seen and read by any j erson desiring to do so. Should, any person holding a permit be convicted of a violation of any of the provisions of this act, such conviction shall work forfeiture on his permit. See. 6. It shall be unlawful for any person, by himself or agent, to seilj barter or give intoxicating liquor to any minor, or to persons intoxicated, or to persons who are in tlie habit of getting intoxicated. Sec. 7 .All placeswhere intoxicating liquor is sold in violation of this act shall be taken, held and declared to be common nuisances; all rooms, taverns, eating-houses, bazars, restaurants, drug stores, groceries, coffee houses, cellars, or other places of public resort where intoxicating liquors are sold iu violation of this act, shall be shuttjjtip and abated as public ance* upon conviction of the keeper thereof, who shall be punished as hereinafter provided. Sec. 8, Any person or persons who shall by the sale of intoxicating liquor, will) or without permit, cause the intoxication, in Whole or in part, of any other person, liable for and be compelled to pay a reasonable compensation to. anv person who may take charge of and provide for such intoxicated person* for ev«ry day he

or she is cared for, which sum may be recovered in any Action of debt before uny court having competent jurisdiction. Sec. 9. it shall be unlawful for any V>erson to get intoxieiitcil. Any per-, squ found in a stute of, intoxication, 1 shall, upon 'convicthiii l thereof, be lined in the sum of live dojlhrs; any person convicted of intoxication shall he required; upon tlie trial, to designate or persons from whom the liquor, in whole or part, was obtained. in default of«,o designating such person, he or she shall, in addition to the tine above mentioned and as a part of his or her punishment for tire oft'eiise, be imprisoned in the county jail not less than due diiy nor more than ten days, at the discretion of tiie court. ' Sec. 10. A permit granted under tliis act shall not authorize the person .so- receiving -it-, to sell intoxicattwglicpiors on Sunday, nor upon t lie duy of any State, coknty, townsnip or municipal election, in the'township, town or city wliere tlie same may be iiohlen, nor upon* Christmas day, nor upon the''Fourth of July, nor upon any Thanksgiving day, nor upon any public holiday, nor between nine o’clock P. M. and six o’clock a. St.* and any and all sales made on any such day, or after nine o’clock on any evening, are hereby declared to be unlawful, and upon conviction thereof siiall tie fined not less than five nor more than twenty-five dollars for each and every sale made in violation of this section.

Sec. 11. The bartering or giving away of iiitoxtcaring liquors, or other shift or device to evade ! tie provisions of this act, by any person or persons keeping liquors for stile, or by liis agent or employee at the place where the same are kept for sale, shall he deemed and held to be au 'unlawful selling or giving away for the purpose of gain within tlie provision of this act. See-43. Ih addition to the remedy and right of action provided for in section 8 of this act, every husband, wife, child, parent, guardian, employer or other person who shall he injured in person or property, or means of support, by, any intoxicated person, or in consequence of intoxication, habitual or otherwise, of any person,' ,-hall haven right of action in liis own or her name, severally or jointly against any person or persons who siiall, by selling, bartering, or giving away intoxicating liquors, have caused the intoxication in whole •,rf~iu part., of such .person; and any. person or perspns owning, reiWng, leasing, or permitting the occupation of any building or premises, and having knowledge that intoxicating liquor is to be sold therein; or having leased tlie same for other purposes, siiall knowingly permit therein the sale of intoxicating liquor, or who having been informed that intoxicating liquor is sold therein, that lias caused, in whole-or in jHirt, the intoxTieation of anff person, who aluiM not, immediately after being so informed, take legal steps to dispossess said tenant or lessee, shall be liable, jointly, with the person selling, bartering or giving away Intoxicating liquors us aforesaid, to any person or persons injured, for ail damages, and for exemplary damages. Provided, however, That execution -on any such judgment siiall first be levied on tlie property of tlie person selling, bartering, or giving away such liquor. Ami in tlie event of a*failure, or -insufficiency of such property to satisfy the judgment thereof, then of the property of tlie other-defendants. A married woman shall have the same right to bring suit and to control tlie same, and the amount recovered as a fcmiue-sole. — And ail damages recovered by a minor under this act siiall be paid, either to such minor or to his or tier parent, gaurdiaii, or .next friend, as the court siiall direct. The unlawl'ql sale or giving away of intoxicating liquor siiall work a forfeiture of all rights of tlie lessee or tenant, under any lease or contract of rent, upon the premises w lie re such u n law fu 1 sale, barter! ng or giving away shall take place. All suits lor damages under this act may be by any appropriate action in any of tlie courts of this State having competent jurisdiction. Ail judgments recovered under the provisions of this act may be enforced without

imv relief, -&c. . • See. 13. In all'caies'wngrrhualwnJ-,--wife,, parent, or child, or guardian, s 1 1 all have a right of actiAu, as provided in Section 12 of this act, and shall fall or refuse to prosecute the same, and in all cases where such intoxicated persoii lias neither husband, wife, parent, child or guardian, the township trustee, or other officer having charge of the poor of the township, wiiere such intoxicated person resides, shall have a right of action, as provided in said Section 12; and it_ is hereby made the duty of such officer to prosecute all such fictions in the nanie of such township. All money collected upon such judgments, after deducting therefrom all costs and charges against- such township, occasioned thereby, shall be paid by the township trustee or other officer into the treasury of the county, for .the benefit of the poor of such county, providing that the name of any husband, wife, parent, child or guardian, upon proper petition therefor before final judgment, may be substituted for the name ’of the township; hut sucli persoiis so substituted shall have no power to dismiss such action or compromise the same in any manner except by permission of tlie court. Sec. 14. For every violation of the provisioiisvof the first and fcrxth sections of tills act, the person so offending shall forfeit and pay a fine of not less than ten dollars nor more than fifty dollars, or be imprisoned in tire jail of the county not less than ten nor more than thirty days. For.every violation of the provisions of the seventtr this act, son convicted as the keeper of any of the places thereiimeclared to be nuisances slialf forfeit and pay a tine of not less than twenty nor more than fifty dollars, and such place or places so kept by such person convicted, shall be shut up and abated as a coinmoil nuisance by the order of the court before which such conviction may be had, as a further punishment, and 6Ueh order Jslin.ll he a part of the judgment of erfhfiction. —-Sec. 15. The penalty and provision* mentioned in the thirteenth section of this act, may be enforced by entllctment in any court of record liaving criminal jurisdiction, and all pecuniary fines - or penalties provided for in any of the sections of this act (except the eighth and twelfth.) may be enforced and prosecuted for before any Justice of the Peaopof the proper county, in ail action of debt, in the i name" of th** State of vindfaha as plaintiff, and in case of con viction the offender shall stand committed (o the jail of the county until the judgment and costs afe fully paid, and the magistrate or court in which the conviction is had shall issue a writ of capias ad satisfaciendum therefor. Justices of- the Peace shall have jurisdic- ' tion of ail actions arising under the eighth and twelfth sectjons of this act.

when the amount In controversy does not exceed two hundred dollars, such actions to he prosecuted in the name of the party injured or entitled to the debt ordamages provided for in ttwHl eighth.and twelfth section*Sec. 10. It shall be unlawful for any person to buy for or furnish to any person who is at the time intoxicated, or in the-Juibit of getting intoxicated, or to buy for or furnish to any minor, to be drunk by such minor, uny intoxicating liquor. Any person or persons violating tbs, section shall be fined not less than live dollars nor more than fifty (lollaraU ,Sec. 17. In all prosecutions under this act, by indictment, or otherwise, it shall not be necessary to slate the kind of liquor sold, or to describe the place' Where sold, and it shall not be necessary to state tlie name of the person to whom Sold. Tn ati cases, the person or persons to whom i u tox i eating liquors shall he sold in violation of til is act, shall be competent witnesses to prove such facts, or any other tending thereto. Sec. 18. The. following form of complaint shall be sufficient in criminal pioceedin({;> before justice hos the peace or mayors, under this act. when applicable, but may be varied ; lo suit the nature ol the case, naiutly: State of Indiana. county, as: Before me, A. | B„ (a justice of the peace ol all'll county, or i mayor of. etc., as the case may be), personally 1 came 0. D., who, being duly sworn sccoidiug to law, deposetii and saitli that on or about, i the (lay of , in-he year , at the county of aforesaid. U, F. didsollJntoxi eating linn ora to one (i. Hu, to be drunk in the place where sold, (or to 0. H.., a minor, eic., or to a person intoxicated, or In the habit dl getting intoxicated, as the case may beJ, where intoxicatiug liquors are sold iu violation of law, and further salth not —, {signed. C. D sworn to And subscribed before me, this day of , A. 1). Sec 19. All 1 iws and parts of laws conflict ing with this act, or with an v of the provisions of this act, be. and the sauce are hereby re pealed, but nothing in this act Shall be so • cousti ued as to prohibit the Common Conn oils of cities and the,"boards of trustees of incorporated towns from demanding and enforcing a fee lor peimit from all keepers of coil'es houses, saloons, or other places where intoxicating liquor is sold and drank, within tilt- limits ol their respective corporations. See. jjo. It is hereby declared that au emergency exists fur the immediate taking edect of this act, it stall therefore be in force fi oHi an a after its passage, except in so tar as relate a to tliose wh > hold u liceusc under the existing laws us the State; this act shai! apply to such as now ho,d lieeuse immediately alter the txpir.itiuu thereof.

An Indiana Sunday School man writes to a bible iinu in New York: “Send me some Sunday school papers and book*—Let ike hooks be about pirates and Indiana as- far as possible.” We do not know whether tiie above is true, but we think much of the Sunday School literature ioupd iu Sunday School papers would make it unnecessary for any j lurther invoice of such trash. There t-aru soinit.hprrildp iinreasoiialrie ites rtud.ll shed ;ih ITU t the sayings of :d\ ing Suit'd,-y School children, ! which siiould- jiut to shame tin* 'shallow pates who send jhein weekly to School schola&.— U’iuumtJtc Democrut. y It has been but a few days since an in tell igent. gen tiem an, for whom we hlive great respect, complaiued bit! c r I_y Bee au s e we have refrained giving countenance to the dissent-in ation of such questionable literature.