Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-09-01
Number 40.

D cuted to tnal Judgment, which shall be
T for the full amount of the debt, costs.
e and interests on such execution; and if
fit be process that requires him to
: take and commit an offender to prison,
the damages shall not be less than fifty
dollars nor more than FIVE hundred dol
lars. Such suit shall be an action on
the case, in the name of the city, town
or place in which the original offense,
on account of which said process was
! issued, was committed, or which might
be entitled to the proceeds of such origi
nal process.
Sec. 10. No writ of error or other
process, shall lie to squash or make
void the doings of any such magistrate,
under this or said act, by reason of any
defect or want of Suficiency in any
complaint, warrant or other process,
under this or said act, which might be-
fore final judgment have been amended
on motion. In addition to the fees al
lowed by law, there shall be paid to said
Judge or justice, for taking any bond,
fifty cents; for making the order for the
destruction of liquors and vessels, fifty
cents; to the officer for seizing the
liquors and vessels, one dollar; for re-
moving and keeping the same, fifty
cents and reasonable expenses; for
executing and making return of an
order to destroy the liquors and vessels,
one dollar; all of which fees shall be
taxed in the costs to be paid by the
defendant. All fines, forfeitures and
penalties, under this or said act, shall
go to the several cities, towns or planta-
tions, in which the offenses are COM
mitted, for the use of the poor. If
the ofense is committed, or trial had in
a plantation organized for election pur-
poses, the fines, forfeitures and penal
ties shall go to the plantation, for the
use Of schools.
Sec. IL. No warrant shall issue for
the search of any dwelling house in
which or a part of which a shop is not
kept, or other place is not kept for the
sale of such liquors, unless it shall first
be shown to the magistrate before a
warrant is issued for such search, by
the testimony of witnesses upon oath,
that there is reasonable ground for be-
lieving that such liquors are kept or
deposited in such dwelling house or ap-
purtenances, intended for unlawful sale
in such dwelling house or elsewhere,
which testimony the magistrate shall
reduce to writing, and cause to be
signed and verified by oath or afirma-
ton of such witnesses, and upon such
testimony so produced and verified, he
may, upon complaint of three persons
competent to be witnesses in civil suits,
residents in the county, issue his war
rant in like manner and form as is pro-
vided in the first section of this act,
commanding the officer to search such
dwelling house and its appurtenances,
and if any such liquors are found there
in to seize the same together with the
vessels in which they are contained,
and also TO arrest the owner or keeper
thereof, if named in said complaint, and
the subsequent proceedings shall be
conformable to the requirements of the
first section, or second section of this
act, as the case may be. And any of
the said witnesses who shall be con-
victed Of giving false testimony, know
ingly and wilfully, in the statements so
subscribed and verified, shall be pun
ished therefor by imprisonment in the
State prison for the term of two years.
The finding of such liquors, upon such
search in dwelling house, shall not of
itself be evidence that they are kept or
deposited therein intended for unlawful
sac.
Sec. IT, Any person hereafter found
intoxicated in any of the streets or
highways, or being intoxicated in his
own house, or any other building or
place, who shall become quarTelsome,
or in any way disturb the public peace,
or that of his own or any other family,
so as to render it necessary for the
police or peace officers to interfere, may
be taken into custody by any sheriff,
deputy sheriff, constable, marshal,
deputy marshal, police officer or watch
man, and committed to the watch-house
or restrained in some suitable place till
complaint be made and warrant issued
in due form on which he may be ar
rested and tried, and if found guilty of
being so intoxicated in the streets or
highways, or of being intoxicated in
his own house or any other building,
and becoming quarrelsome and disturb
ing the public peace, or that of his own
or any other family, he shall be pun
ished by Imprisonment in the common
jail for thirty days; but said Judge
or Justice may remit any portion OF
said punishment and order the prisoner
to be discharged, whenever he shall
become satisfied that the objects Of this
law and the good of the public and of
the prisoner would be advanced there
by. And case of appeal from in such
sentence the same shall be granted as
provided in the fifth section Of this act,
and on recognizance as therein required
Sec. 13. In all cases under this or
said act in which the punishment on the
first conviction is fine Of twenty doll
lars and costs and commitment until
paid, for the second conviction it shall
be fine of twenty dollars and costs and
thirty days imprisonment; for the third
it shall be fine of twenty dollars and