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city or town, if it be in an incorporated town, or township wherein 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 it shall be presented to the board for their action. The board shall examine such petition, and if satisfied the same is in proper form, and that it has been signed as herein before 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, upon his complying with the provisions of this act and paying the costs of filing and recording said petition and costs of issuing said permit.
Sec. 3. Before the granting of a permit by the board of commissioners, the applicant shall cause to be executed and properly acknowledged before an officer authorized to take acknowledgment of deeds, a 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 commissioners, and conditioned for the payment of any and all fines, penalties and forfeitures incurred by reason of the violation of any of the provisions of this act; and conditioned further, that the principal and sureties therein named shall be jointly and severally liable, and shall pay to any person or persons, any and all damages which shall in any manner be suffered by or inflicted upon any such person or persons, either in person or property, or means of support, by reason of any sale or 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 aggregate amount recovered thereon shall not exceed the said sum of three thousand dollars, and in case the amount of said bond shall be exhausted by recoveries thereon, a new bond in the same penalty and with like sureties shall be filed within ten days, and in default thereof said permit shall be deemed to be revoked. 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 a book prepared for that purpose, and shall there remain for the use of the State of Indiana, and for the use of any person or persons suffering any damage as herein before set forth. Such bond may be sued and recovered upon in any court having civil jurisdiction in the county (except justices' 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 the permit or by any of his agents or employees. The record of the bond a a 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 candidates for Congress at the last preceding Congressional election in the township, and the whole number of votes cast for councilman or trustee in any ward or town, at the last preceding municipal election 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, town or township, a majority of whose names shall be signed to the petition of such applicant; and it is further provided, that any person not a legal voter in said ward, town or town. ship, who shall sign said petition, or any person who signs the name of any person other than himself, without the permission previously obtained of said person to so sign his name, shall be fined not less than fifty nor more than one hundred dollars for each signature so made.
Sec. 5. No permit, as herein provided for, shall be granted for a longer or shorter time than one year. It shall be the duty of the Auditor of the county to furnish the person to 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 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 where said liquor is sold, where the same may at all times be seen and read by any person desiring so to do. Should any person holding a permit be convicted of a violation of any of the provisions of this act, such conviction shall
work a forfeiture of his permit, and of all rights thereunder; and no permit shall thereafter be granted to such person before the expiration of five years from the date of such conviction.
Sec. 6. It shall be unlawful for any person, by himself, or agent, to sell, barter, or give intoxicating liquors to any minor, or to any person intoxicated, or to any person who is in the habit of getting intoxicated.
Sec. 7. All places where intoxicating liquor is sold in viola tion of this act, shall be taken, held. and declared to be com mon nuisances; all rooms, taverns, eating-houses, bazaars 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 nuisances, 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, with or without permit, cause the intoxication, in whole or in part, of any other person, shall be liable for and be compelled 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 so cared for, which sam may be recovered in an action of debt before any court having competent jurisdiction.
Sec. 9. It shall be unlawful for any person to get intoxicated. A person found in a state of intoxication shall upon conviction thereof, be fined in the sum of five dollars. Any person convicted of intoxication shall be required upon the trial to designate 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 addition to the fine above mentioned, and as a part of his or her punishment for the offense, be imprisoned in the county jail not less than one day nor more than ten days, at the discretion of the court.
Sec. 10. A permit granted under this act shall not authorize the person so receiving it to sell intoxicating liquors on Sunday, nor upon the day of any State, county, township, or municipal election, in the township, town or city where the same may be held; 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. M.; and any and all sales made on any such day, or after nine o'clock on any evening, are hereby declared to be un. lawful, and upon conviction thereof, the person so selling shall be fined not less than five dollars nor more than twentyfive dollars for each sale made in violation of this section.
Sec. 11. The bartering or giving away of intoxicating liquors, or other shift or device to evade the provisions of this act, by any person or persons keeping liquors for sale, or by his agent or employee, at the place where the same are kept for sale, shall be deemed and held to be an unlawful selling or giving away for the purpose of gain within the provisions of this act.
Sec. 12. In addition to the remedy and right of action provided for in section eight of this act, every husband, wife, child, parent, guardian, employer, or other person who shall be injured in person or property, or means of support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person, shall have a right of action in his or her name, severally or jointly, against any person or persons who shall, by selling, bartering, or giving away intoxicating liquors have caused the intoxication, in whole or in part, of such person, and any person or persons owning, renting, leasing or permitting the occupation of any building or premises, and having knowledge that intoxicating liquor is to be sold therein, or having leased the same for other purposes, shall knowingly permit therein the sale of intoxicating liquor, or who having been informed that intoxicating 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, take legal steps in good faith to dispossess said tenant or lessee, shall be liable jointly with the person selling, bartering or giving away intoxicating liquor as aforesaid, to any person or persons injured, for all damages, and for exemplary damages; Provided, 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 in the event of a failure or insufficiency of such property to satisfy the judgment, then of the property of the other defendants, A married woman shall have the same right to bring suit and to control the same, and the ammount recovered as a femme sole, and all damages recovered by a minor under this act shall be paid either to such minor or to his or her parent, guardian or next friend, as the court shall direct. The unlawful sale or giving away of intoxicating liquor shall work a forfeiture of all rights of the lessee or tenant under any lease or contract of rent, upon the premises where such unlawful sale, bartering or giving away shall take place. All suits for damages under this act may be by any appropriate action in any of the courts in this State having competent jurisdiction. All judgments recovered under the provisions of this act may be enforced without any relief or benefit from the valuation or appraisement laws.
Sec. 13. In all cases where husband, wife, parent, child or guardian shall have a right of action as provided in section twelve of this act, and shall fail or refuse to prosecute the same, and in all cases where such intoxicated person has neither husband, wife, parent, child or guardian, the township trustee or other officer having charge of the poor of the township where such intoxicated person resides, shall have a right of action as provided in said section twelve, and it is hereby made the duty of such officer to prosecute all such actions in the name 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; provided that the name of any husband, wife, parent, child or guardian, opon proper petition therefore before final judgment, may be substituted for the name of the township, but such person so substituted shall have no power to dismiss such action, or compromise the same in any manner, except by permission of the court.
Sec. 14. For every violation of the provisions of the first and sixth sections of this 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 the jail of the county not less than ten nor more than thirty days. For every violation of the provisions of the seventh section of this act, any per. son convicted as the keeper of any of the places therein de. clared to be nuisances, shall forfeit and pay a fine of not less than twenty nor more than fifty dollars, and such place or places, so kept by such person so convicted, shall be shut up