Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1854-05-19

Dsrson or persons named in said warrant and
bring him or them before the justice Of the
peace or mayor issuing said warrant andupon
tho return Of said warrant served such JUS
tce Of the peace or mayor shall proceed to
inquire into The truth Of such complaint, un.
less FOR good cause shown, continuance is
granted at the instance Of either party, and
10 case the continuance of said action rs
aforesaid, the defendant or defendants shall
entcr into recognizance TO the State OF Ohio,
Ia such sum as the justice of the peace or
mayor may deem reasonable, with security to
the acceptance Of such justice or mayor, con
ditioned for the appearance Of said defendant
or defendants at the time fxcd for the hear
ing Ct said complaint. pnd in default Of such
defendant or defendants giving such rec
egn zance as aforesaid, the defendant or de.
PENDANTS shall be committed to the jail Of the
county 70 be safely kept until the time fixed
for the hearing Of said complaint and if the
parties so recognized shall not appear at the
time set for said trial, the recognizance so
given by him or them shall be forfeited 10y
such justice Of the peace or mayor and such
officer shall enter such forfeiture upon said
recognizance, and also upon his docket and
thereupon such justice or mayor shall forth
with proceed to collect the penalty of said
recognizance by insttuling an action thereon
and proceeding with the same 20 final judg.
ment, and when the same is collected, after
pay ing the cost Of such collection, such JUS
tic or mayor shall pay over the balance II
The township city, or incorporated village
treasurer for the support of common schools,
and in all cases Of prosecution before the JUS
tice of the peace, or mayor, if such officer
finds the complaint TO be true, he shall recog.
nize such defendant or defendants TO answer
such said charge as in other criminal prose
culions of like grades ProUided that if such
defendant or defendants shall plead guilty
such officer may affix the penalty and proceed
TO judgment; and in such case, said officer
shall Immediately issue an execution against
the property and body of the defendant for
the fine and costs, unless paid or secured, and
said defendant shall not be discharged until
said judgement and costs shall be fully paid, or
recorded to be paid.
Sec. IL The following form Of complaint
shall be sufficient in criminal proceeding, be
fore justices of tie peoce or mayors, under
this act, when applicable but may be varict
TO suit the nature of the case namely:
State of io--County, S. Befo
me, A. b, IA justice of the peace for sale
county, or mayor of, &c, as the case may be-,
personally came c. D., who being sworn &C.
cording 10 law, deposeh and saith, that on
or a bout the--day Of, in the year
Of. at the county Of, aforesaid
Il. F., did sell intoxicating liquors, to one G
H., to be drank at the place where sold, (ol
10 g. H., "a minor, DC, or aperson intoxicated
or in the habit Of getting intoxicated, as the
case may be, or is the keeper Of room, ol
tavern as the case may be, where intoxicating
liquors are sold in violation Of law,) and fur.
ther saith not.
Signed, c. D.
Sworn to and subscribed before me, this
day Of. A. D. -
A, R. Justice or Mayor, DC.
SEQ 13. In all prosecutions under Til;
/ oct, by indictment or otherwise, it shall no
be necessary TO state Il c kind of liquor sold
or to describe the place where sold, and foi
any violation of the fourth section, il shall no
be necessary to state the name Of any perscT
to whom sold; and in all cases the persons tt
whom intoxicating liquor shall be sold il
violation Of this act, shall be competent a;
witnesses. to prove such fact or any other
tending thereto
Sec. H. That "an act to restrain the sal,
ofspiriluous liquors" passed March . 1851
and can act further defining the powers o
trustees Of townships" passed March i 2
1853. be and the same are hereby repealed
Propided, that all suits and prosecutions pend
ing under said acts, or previous violation
thereof, shall be prosecuted under said acts
the same as before the passage of this act.
f. c. LIE BLOND,
Speaker of the House of Reps
JAMES MYERS,
President of the Senate,
Anr;l IA 1874