The Ohio union. [volume] (Ashland, Ohio) 1849-1854, 1853-08-10

10 prohibit the use of Intoxicating Liquors as a bevc
rage. audto punish tue violation VI the same.
SEC. /. Be Il ordained by the Mayor
Recorder and Trustees of The village o
Ashland, 1'ha, ifsny person shall sell, vent
or give away, any spurious liquor or Ii
qooIs, within the corporate limits Of sait
village, with intent 10 cvade the provisions
of this ordinance, each and every person
so offending shall be deemed guilty Of q
misdrmeanor, and IN conviction thereof
before the Mayor of said village, or any
Justice of the Peace, within the corporate
limits of said village, shall forfeit and pay,
for each and every e%fencer a sun not less
Than one dollar, rOr more than fifty dol
lars, and costs Of prosecution; and any
person upon CONVICTION thereof, filling TO
pay any such sum, or sums, as may be
imposed, under the provisions Of this sec
lion, with COSTS of prosecution, shall be
committed in the i'll Of the county, until
he shall pay the same, or he discharged
in due course of law; Provided, that any
person arrested under the provisions of
this section, shall be permitted 10 prove on
the vial, that such spirituons liquor or Ii
quors were sold and used for medical
mechanical or pharmaceutical purposes,
aud that no portion Of the same was used
for any other purpose, AMI upon such
proof being made, it shall be a full defence
10 any prosecution under this section.
SEC. .. That if any person shall be
found within The corporate limits of the
village of Ashland, in a state Of in'exica
lion, it shall be the duty Of the Marshal,
upon view or information, 10 commit such
person 10 the Jail of the county or some
other suitable place, there TO be kept until
such person shall become sober, or the
intOxicalion cease; snd ihereupOn il shall
be the duty of The Marshall to bring such
person before the Mayor, or anv Justice
Of the Peace, within the corporate limits
Of said village, and every person so found
intoxicated, shall 10 deemed guilty Of a
misdemeanor, and upon conviction before
the Mayor, or such Justice, shall forfeit ard
pay for each offence, a sum moi less than
one dollar, MOI morelhan ten dollars with
costs of prosecution, (Which costs shall in
clude the costs and expenses OF commit
mcnt under the provisions of this section
and such person failing TO pay, upon com
viclion, under this section, such sum as
may be imposed and costs shall be com
miIled in The manner pointed out, in the
first section Of this ordinance, and shall,
moreover, he made to tell where lie gothis
liquor, Which shall be deemed sufficient
cause for arrest, under the provisions Of
| the first section Of ibis ordinance and
upon any person being arrested by the
Marshal, under the provisions of this sec
linn, it shall be the duty of said Marsha
to make, and deliver 10 the Tailor, a certif
icale in writing, setting forth the cause loI
which such person has been arrested
which certificate shall be sufficient author
ity for the Jailor 10 receive and c0mmi.
such person 10 the Jail Of the county, and
to keep him so committed until he shall
again be demanded by the Marshal.
SEC. 3. Every prosecution under the
provisions Of this ordinance, shall be pros
cculcd in the name Of "The Village o.
Ashland and the first process shall be q
warrant, which shall he issued by the May
or, or Justice of the Peace, on affidavit
being filed, or information in writing. a
the discretion Of the Mayor or Justice.
SEC. 4. That if any person shall sell
vend, or give away, any ale or beer To any
person or persons, who shall thereby be
come intoxicated, or shall sell, vend, o
give away any NE or beer 10 any person o
persons in a state of inloxicalion, every
person so offending, shall be deemed guilty
Of a mis1emeanor, and upon conviction
: '%oreo.S, before the Mayor or Justice of III,
~ :, ;dhin .he corporate limits Of sale
VILLAGE. shall 10, coit md pay for each of
fence, any sum not leo tia" one dollar
! nor more than ten dollars WIN coz" y
n, "srcu,ion ; aad any person, upon con
%,y;cliun thereof, failing 10 pay any sucf
snm or suras as may be imposed, undeI
The Orovi.;ons of his section, with so'Is o.
n]rosecu,ion. sh,l be commirled in The Jai
Of the county until he shall pay the SAINT
or be discharged in due co:rse oil i'W'
SIC. s.. 1t shall not be necessary IN an!
prosecution, under any of the provisions
of this ordinance, on the part Of the pros
e~cu,ion, to prove the quantity or kind o
liquor or liquors sold, vended or give
away.
SIC. G. This ordnance shall take efec
and be in force from and after its passage
J. II. McCOMBS, Mayor.
WIN. RALsToN, Recorder.
Passed, July 30h, 1853.