The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-04-06
New Temperance Law.

NEW temperance Law.
The following law was passed at the late
session of the Ohio Legislature. Many
persons express doubts as to the efficiency
of this law, for the purposes intended.
AN ACT further defining the powers Of
Trustees of Townships.
SECTION /. Be it enacted By the Gen.
eraz Assembly Of the State of Ohio, That
the Trustees of each and every organized
township in this State. shall have power 70
suppress or prohibit all houses, shops, or
stores, known as places of habitual resort
for tippling and intemperance, under such
rules and ordinances. and by the imposfs
ton of such fines and penalties as they
may deem proper; provided no such fine
shall exceed fifty dollars and costs, includ-
ing the fees of the Sheriff or Jailor, nor
any Imprisonment in the county Jail for q
longer time than twenty days.
SECTION 9. That, for the purpose of
carrying into effect the provisions of this
act, said Trustees, or majority of them,
at any regular or special meeting, may
enter in the book OF records of their re.
spective townships, an ordinance prescrib-
ed as aforesaid; but before the taking effect
of said ordinance, the same shall be pub
llished for four consecutive weeks in some
newspaper published in the county, or hav-
/ ing a general circulation therein. And
said Trustees shall furnish the Justices of
the Peace in their respective townships,
and the Probate Judge of the property
county. with certified copy of such or
dinance:
SECTION 8. 1t shall be and is hereby
made the duty Of the Justices OF the Peace
in the several townships Of this State where
such ordinance exists, TO enforce the rules
and ordinances prescribed as aforesaid,
and upon complaint on oath or affirmation
charging any person with violation OF
such ordinance to issue their warrants di-
rected to the proper constable, who shall
serve the same as in other criminal cases,
and the defendant when arrested may have
the benefit of trial by jury which jury shall
be summoned in the same manner as ju-
ries before Justices of the Peace in civil
cases. The defendants shall also have
the benefit offcertiorari, error, or appeal
to the Probate Court of the proper county,
by giving bond and security in double the
amount Of fine and costs imposed by such
Justice and said court. to which is hereby
given appellate jurisdiction in all cases aris-
ling and trial Of such cause in the same
manner as if such court had had original
jurisdiction. All appeals taken Under this.
act shall be filed in the probate court of
the proper county within ten days from the
rendition of the judgment of any Justice
of the Peace, and writs OF certiorari and
error shall be prosecuted within the same
time.
SECTION 4. All fines imposed under
this act, together with the costs of prose-
cution, including the fees Of the Sheriff or
jaior. shall be collected by the Justice of
the Peace or the Probate Judge finally de-
Itermining the same, and when collected
shall be paid into the treasury Of the prop
er township. and the fine shall be appro.
: priated to the use Of common schools
therein.
SECTION S. In all the prosecutions un-
I der this act, the Justices Of the Pesos shall
require the complaining witness 10 give
security for all costs that may accrue in
case the defendant shall be found moi
) guilty.
SECTION 6. The provisions of this act
shall not extend to any incorporated viii
lage in this State in which there shall be
in force any ordinance for the suppression
or prohibition Of houses, shops or stores,
} known as places Of habitual resort for
! tipping and intemperanee. q a8
SECTION =, II is hereby made the duty
Of the several Prosecuting Attorneys to
prosecute all cases arising under this act
whenever the same shall be taken by ap-
peal or certiorari into the Probate Court.
. SECTION g. The Justice or Probate
, Judge before whom a prosecution under
this act is finally determined against the
: defendant. may commit, and it shall be
the duty of the sheriff or jailor to receive
and safely keep such defendants in the
county Jail in accordancs. with the terms
of commitment, and the fees of the sheriff
or Jailor shall be paid out of the treasury
of the proper township on the order of the
township trustees. @ as
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