Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1853-05-12
Eaws of Ohio.
PUBLISHED ny AUTHORITY.

nv ASA luftheI utuhinB tue powers OF Irus
tees Of Townships.
Sec. 1. Be it enacted by the General Assem-
bly, Of the State Of Ohio, That the Trustees o
each and every organized township in this State
snail have power to suppress or prohibit al
houses, shops or stores, known as places Of ha
oi'ual resorttor tippling and intemperance, un
der such rules and ordinances, and by the i'm
position OF such fines and penalties as they may
deem proper; provided no fine shall exceed fifty
dollars aud costs, including the fees Of the Sher.
III or Jailor, nor any Imprisonment in the coun.
/ ty Jail be for a longer time than twenty days
Sec. That, for the purposes Of carry
ing into effect the provisions Of this act, said
Trustees, or a majority Of them, at any regular
or special meeting, may enter into the book oi
records Of their respective townships, an ordi-
nance prescribed as aforesaid; but before the
taking effect of such ordinance, the same shall
be published for four consecutive weeks in some
newspaper published in the county, or having
general circulation therein. And said Trustees
shall furnish the Justice of the Peace in their
respective townships, and the Probate Judge Of
the proper comfy, with a certified copy of such
ordinance.
Sec. }. 1t shall be and it is hereby made
the duty of the Justices of the Peace in the sew
eral townships Of this State where such ordi.
nance exists to enforce the rules and ord inances
prescribed as aforesaid, and upon complaint on
oath or affirmation charging any person with a
violation OF such ordinance to issue their war
rants directed to the proper constable, who shall
serve the same as in other criminal cases, and
The defendant when arrested may have the ben
eht OF trial by jury, which jury shall be sum-
moned IN the same manner as juries before JUS
tees OF the Peace in civil cases. The defend
ants shall also have she benefit of certiorari, Of
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 Justices and said court, to which is hereby
given appellate jurisdiction in all cases arising
under this act, shall proceed to the hearing and
trial ofsuch 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 wrts of certiorari and error shall
be prosecuted within the same time.
Sec. 4. All fines imposed under this act,
together with the costs of prosecution, including
the fees of the Sheriff or jailor shall be collect
ed by the Justice of the Peace or the Probate
Judge finally determining the same, and when
collected shall be paid into the treasury of the
proper township, and the fine shall be appropri-
ated to the use Of common schools therein.
Sec. 5. In all prosecutions under this act,
the Justice Of the Peace shall require the COM
planning witness to give security for all costs
that may accrue in case the defendant shall be
found not guilty.
Sec. 6. The provisions of this act shall not
extend to any Incorporated city or incorporated
village in this State in which there shall be in
force any ordinance for the suppression or pro-
hibition of houses shops, or stores, known as
places of habtual resort for tipling and ntem
perance.
Sec. T. 1t 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 appeal or certiorar into the
Probrte Court
Sec. 8. The justice or Probate Judge before
whom prosecution under this act is finally de-
termined against the defendant, may commit,
and it shall be the duty of the sheriff or jailor
to receive and safety keep such defendants in
the county Jail in accordance with the terms of
commitment, and the fees of the Sheriff or Jai-
lor shall be paid out of the treasury of the prop
er township on the order Of the township rus-
tees.
JAMES c. JOHNSON,
Speaker of the House of Representatives.
WILLIAM MEDILL,
President of the Senate.
March 12, 1858.