Early Springfield Ordinances
From Directory of the City of Springfield
John W. Kees & Co., Springfield. 1852
To prohibit the sale of spirituous liquors.
Whereas, The retailing of spirituous, for dram-drinking, is injurious to the morals, good order, and prosperity of the people of this city — tending to promote idleness, poverty and crime, and ought to be suppressed; therefore,
Sec. 1. Be it ordained by the city council of Springfield, That no person shall be allowed to sell or vend, within the limits of the city of Springfield, by himself, his clerk, servant or agent, directly or indirectly, or to traffic in any spirituous liquors to be drunk at the place where the same may be sold; or by less quantity than one quart.
Sec. 2. And be it further ordained by the authority aforesaid, that if any person, by himself, clerk, servant or agent, shall at any time sell, vend, or traffic in any spirituous liquors in violation of the first section of this ordinance, he shall forfeit and pay on the first conviction, twenty dollars and the costs of prosecution; on the second conviction, he shall pay thirty dollars and costs of prosecution; and on the third and every subsequent conviction, he shall pay forty dollars and the costs of prosecution, and in default of payment of any fine and costs prescribed by this ordinance, execution shall issue therefor. And if any clerk, servant, agent or other person in the employment or on the premises of another, shall violate the provisions of this ordinance, he shall be held equally guilty with the principal offender, and on conviction shall suffer the same penalty.
Sec. 3. Any fine, forfeiture or penalty, arising under this ordinance, may be recovered in the name of the city of Springfield, before the mayor thereof, by prosecution instituted upon view of the mayor of the city, or upon information of the marshal, or upon complaint or information of any other person, upon oath or affirmation. And it shall be the duty of the city marshal to give information of any violation of this ordinance that may come to his knowledge; and to be diligent to bring to punishment all offenders against its provisions; and for every willful neglect of his duty in the premises, he shall be fined before the mayor in any sum not exceeding ten dollars, nor less than two dollars and costs of prosecution.
Sec. 4. That all fines, forfeitures and penalties recovered under this ordinance, shall, when collected, be paid to the treasurer of said city for the use thereof. And in case any prosecution for the recovery of such fines, forfeitures, or penalties, shall fail, the costs of the prosecution only shall be paid out of any money in the city treasury not otherwise appropriated; and the party accused shall, in such case, be liable to pay the costs which he may have made.
Sec. 5. That the execution provided for in the second section of this ordinance shall be directed to the city marshal, or other officer acting in the stead of said marshal, commanding him that of the goods and chattels of the defendant, he cause to be made the fine and costs aforesaid, and costs adjudged against him, together with the costs of increase, and that for want of goods and chattels sufficient to satisfy the execution, the marshal shall take the body of the defendant and convey him to prison, there to be kept in close custody till discharged by due course of law. Executions shall be issued, served and returned, and sales of personal property made and conducted under this, or any other ordinance, in conformity with the laws of the state, regulating at the time, sales of constables on execution issued upon judgements rendered by justices of the peace.
Sec. 6. That in any prosecution for the violation of the provisions of the first and second sections of this ordinance, it shall not be necessary to allege or prove the particular kind of spirituous liquor sold or vended, nor shall it be necessary to name any particular person to whom the same was sold or vended as aforesaid.
Sec. 7. If any keeper of a grocery, tavern, boarding or victualling house, in the city of Springfield, shall permit, suffer or have any riotous noise or disturbance, any lewd or disorderly conduct in hs grocery, tavern, boarding or victualling house, or on his premesis, or if any person shall be guilty of any riotous noise or disturbance, any lewdness or disorderly conduct, in any grocery, tavern, boarding or victualling house, or on the premesis of any keeper thereof, every such person so offending, shall on conviction thereof before the mayor of the city, forfeit and pay for every such offense any sum not more than fifty nor less than five dollars and costs of prosecution, to be collected and disposed of as in other cases provided for by this ordinance.
Sec. 8. The ordinance entitled "an ordinance to prevent the sale of spirituous liquors in the city of Springfield," passed August 7th, 1850, and all other ordinances in amendment thereof, be and the same are hereby repealed. This ordinance shall be in force from and after the 15th day of the publication thereof.
JAMES M. HUNT
Mayor of the city of Springfield
Passed March 30, 1852.
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