Law of common carriers, violation of.

tion, at the full price paid for the same, and when a part or coupon of the ticket only is presented for redemption, then the redemption shall be at a rate which shall be equal to the difference between the price paid for the whole ticket and the cost of a ticket between the points for which the part of said ticket was actually used; and the sale, by any person, of the unused portion of any ticket, otherwise than by the presentation of the same for redemption as aforesaid, shall be deemed to be a misdemeanor, and shall be punished by a fine of not less than five dollars, nor more than fifty dollars: Provided, however, that this act shall not prohibit any person who shall have purchased a ticket from an agent, authorized, as by this act provided, with the bona fide intention of traveling on the same, from selling such tickets or any part or coupon thereof, to any other person, to be used in good faith by such person in traveling over such railroad, or in or upon such steamboat, or other public conveyance.

SEC. 4. If any owner, operator, or manager of any railroad, steamboat, or other public conveyance of passengers, or his agent, shall violate any of the provisions of the third section of this act, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than ten nor more than one hundred dollars.

SEC. 5. It shall not be lawful for any person, not possessed of the authority mentioned in the second section of this act, and not evidenced as therein provided for, to sell, barter, or transfer, within this state, for any consideration whatever, the whole or any part of any ticket or tickets, passes, or other evidence of the holder's title to travel on, or be transported in, or over any railroad, steamboat, or other public conveyance, whether the same be situated, owned, or operated within or without this state, except as provided for in section three.

SEC. 6. It shall be the duty of every agent, who shall be authorized to sell tickets, or parts of tickets, or coupons, as is provided for in the second section of this act, or other evidences of the holder's title, to travel on any railroad, or in any steamboat or public conveyance, to keep his certificate of authority posted in a conspicuous place in his office, and also to

Law of common carriers, violation of.

exhibit the same to any person desirous of purchasing a ticket, or to any officer of the law who may request to see or inspect such certificate of authorization.

SEC. 7. Any person who shall violate any provisions of either the fifth or sixth sections of this act, shall, upon conviction thereof, be fined not less than ten nor more than one hundred dollars.

SEC. 8. The provisions of this act shall not apply to special, half-fare, or excursion tickets. Act of March 9, 1875, 1 R. S. 259, 260, 261.

CHARGE.

at said

railway comthere a company railway, running

1. Selling tickets with condition therein. (Sec. 1.) That A. B., on the day of, in the year county, being then and there the legally authorized general ticket agent of a certain railroad company, to-wit, the pany, the said railroad company being then and which publicly conveyed passengers on the from in said county, to in the state of -, for hire and reward, did unlawfully sell to one C. D. a certain ticket, evidencing the right of said C. D. to travel over and be transported in and upon said railroad for the period of months from the date thereof, subject to a certain condition contained in the body of the said ticket, by reason of which said condition the liability of the said company became and was abridged and limited; and which said ticket and condition therein are in the words and figures following, that is to say: [here insert an exact copy of the ticket and condition]; the said condition not then and there being printed in nonpareil type, or in type or in characters as large or larger than nonpareil type.

2. Refusing to redeem tickets. (Sec. 2.)

day of

in the year

That A. B., on the at said county, was the legally authorized general ticket agent of a certain railroad company, to-wit, the

railway company; the said

company being then and there a common carrier, transferring and carrying passengers for hire and reward, on the

,

in said county, to

railroad, run

ning from in the state of· —; and that the said A. B. was then and there, as such agent, authorized by said company to sell tickets to passengers traveling on said route, and to redeem such tickets as had been sold by said com

Liquor law.

to

pany to be used on said route, and which the purchaser, for any reason, had not used; and that one C. D. then and there presented to said A. B., for redemption, a certain passenger ticket, which had been previously, to-wit, on the day of, in the year at said county, sold by said A. B., as such agent, to said C. D., at and for the price of dollars, that being the regularly established price for such ticket, and which said ticket was for the conveyance of said C. D., as a passenger, from stations on said railroad, and which said ticket the said C. D. had then not used, for the reason that [here state reason], and for which said ticket the said C. D. then and there demanded of said A. B. the said purchase price of dollars, in redemption thereof, and then and there offered to return the said ticket to said A. B., but that the said A. B. then and there unlawfully refused, failed, and neglected to redeem the same at the said purchase price.

3. Selling tickets without authority. (Sec. 5.)

day of

in the year

at said

in the

That A. B., on the county, then and there unlawfully pretending to act as an agent of the railway company, for the sales of tickets for the conveyance of passengers over the railroad, the said railway company then and there being a public carrier, conveying passengers over said railroad from at said county, to state of did then and there unlawfully sell to C. D., at and for the price of - dollars a certain passenger ticket for the conveyance of said C. D., as a passenger from to said railroad, he, the said A. B., then and there not being provided with a certificate setting forth the authority of said A. B. to make such sale.

SEC. 32. LIQUOR LAW.

stations on

act:77 pg. 92.

SEC. 1. It shall be unlawful for any person or persons to directly or indirectly sell, barter, or give away for any purpose of gain, any spirituous, vinous, or malt liquors, in less quantities than a quart at a time, without first procuring, from the board of commissioners of the county in which such liquor or liquors are to be sold, a license as hereinafter provided; nor shall any person, without having first procured such license, sell or barter any intoxicating liquor to be drank,

Liquor law.

or suffered to be drank in his house, out-house, yard, garden, or the appurtenances thereto belonging.

SEC. 2. The words "intoxicating liquors," shall apply to any spirituous, vinous or malt liquors, or to any intoxicating liquors whatever, which is used or may be used as a beverage.

SEC. 3. Any male inhabitant over the age of twenty-one years, desiring to obtain license to sell intoxicating liquors, shall give notice to the citizens of the township, town, city, or ward in which he desires to sell, by publishing, in a weekly newspaper in the county, a notice, stating in the notice the precise location of the premises in which he desires to sell, and the kind of liquors, whether only vinous and malt liquors, or malt liquors only, or spirituous, vinous, and malt liquors, or vinous liquors only, at least twenty days before the meeting of the board, at which the applicant intends to apply for a license; or, in case there is no such paper published 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 (20) days before the meeting of such board. And it shall be the privilege of any voter of said township to remonstrate in writing against the granting of such license to any applicant on account of immorality or other unfitness, as is specified in this act.

SEC. 4. The board of county commissioners at such term shall grant a license to such applicant upon his giving bond to the State of Indiana, with at least two freehold sureties, resident within said county, to be approved by the county auditor, in the sum of two thousand dollars, conditioned that he will keep an orderly and peaceable house, and that he will pay all fines and costs that may be assessed against him for any violations of the provisions of this act, and for the payment of all judgments for civil damages growing out of unlawful sales, as provided for in this act, which bond shall be filed with the auditor of said county: Provided, said applicant be a fit person to be intrusted with the sale of intoxicating liquor, and if he be not in the habit of becoming intoxicated; but in no case shall a license be granted to a person in the habit of becoming intoxicated: Provided, that no appeal taken

Liquor law.

by any person from the order of the board granting such license shall operate to estop the person receiving such license from selling intoxicating liquor thereunder, until the close of the next term of the court in which such appeal is pending, at which such cause might be lawfully tried. And he shall not be liable as a seller without license for sales made during the pendency of such appeal, but he shall be liable for the violation of any of the provisions of this act during such time, the same as if regularly licensed.

SEC. 5. If said applicant desire to sell spirituous, vinous, and malt liquors in quantities of less than a quart at a time, he shall pay the treasurer of said county one hundred dollars, as a license fee for one year, before license shall issue to him, and if he desire to sell only vinous or malt liquors, or both, in quantities less than a quart at a time, he shall pay to the treasurer of said county fifty dollars, as a license fee for one year, before license shall issue to him, such fee to be paid into the school fund of the county in which such licenses are obtained.

SEC. 6. No city or incorporated town shall charge any person who may obtain a license under the provisions of this act more than the following sums for license to sell within their incorporated limits. Cities may charge one hundred dollars, and incorporated towns one hundred dollars, in addition to the sum provided for herein before.

SEC. 7. Upon the execution of the bond as required in the fourth section of this act and the presentation of the order of the board of commissioners, granting him license, and the county treasurer's receipt for fifty dollars, if the application be for vinous and malt liquors only, or a receipt for one hundred dollars, if the application be for the sale of spirituous, vinous, and malt liquors, as aforesaid, the county auditor shall issue a license to the applicant for the sale of such liquors, as he applied for, in less quantities than a quart at a time, with the privilege of permitting the same to be drank on the premises as stated in the aforesaid notice, which license shall specify the name of the applicant, the place of sale, and the period of time for which such license is granted.