Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1854-05-11

eesd 10 eAquire into the truth Of such com
plant, unless for good cause shown a eontiBu-
anee is granted at the instance Of either party.
and in case the continuance OF said action As
aforesaid, the defendant or defendants, shall
enter into a recogniZance 10 the State Of Ohio
10 such sum as the Justice Of the Peace or
Mayor may deem reasonable. with security 10
the acceptance Of such Justice or Mayor con-
ditioned for the appearance Of said defendant
or defendants at the time fixed for the hearing
Of said complaint. and in default Of such de-
fendant or defendants giving such recOgniEanee
as aforesaid the defendant or defendants shall
be committed 10 the jail Of the county to be
safely kept until tie time fixed for the hearing
Of said complaint and If the parties so recog-
nized shall not appear at the time set for said
trial the recogniEanee so given by him or them
shall be forfeited By sush Justice OF the Peace
or Mayor. and such officer shall enter such for
feiture upon said recognizanee and also upon
his docket and thereupon such Justice or Mayor
sh all forthwith proceed to collect the penalty Of
said recognizance by insituting an action there
on and proceeding with the same to final judg-
meni, and when the same is collected after pay
ing the costs Of such collection such Justice or
Mayor shall pay over the balance to the town.
ship, city, or incorporated village Treasurer for
the support OF Common Schools, and in all ca
ses OF prosecution before Justices Of the Peace,
or Mayors, if such officer finds the complaint
to be true, he shall recognize such defendant
or defendants TO answer such said charge as iu
criminal prosecutions Of like grades; Provided,
that il such defendants, shall plead guilty
such o ficer may afix the penalty and proceed
to judgment: and in such case said officer shall
Immediately issue an execution against the
property and body Of the 6efe ndant, fer the
fine and costs, unless paid or secured, and said
defendant shall lot be discharged until said
judgement and costs shall be fully paid, or Sc
cured 10 be paid.
SEC. l9 The following form of complaint
shall be sufficient in criminal proceedings, be-
fore justices Of the peace or mayors under this
act, when applicable but may be varied to
suit the nature Of the case namely,
State of Ohio, - County, IS. Before
me, A. B., "a justice of the peace for said coun-
ty. or mayorOf, DC, as the case may be-, per-
sonally came G. D., who being duly sw orn ac-
cOrdng to law, deposeth aud saith, that on, or
about the - day of -, in the year
AT the county Of -. aforesaid, E
f., did sell intoxicating liquors, to one G. H.,
to be drank in the place where sold Tor to G.
H., minor DC, or person intoxicated. or in
the habit Of getting intoxicated, as the case may
be. or is the keeper of room or tavern, as
the case may be, where Intoxicating liquors are
sold in violation of law. and further saith
not.
Signed, CD.
Sworn to, and subscribed before me, this
day of -. A. ID. -.
A. B., Justice, or Mayor, &c.
Sec. 13. In all prosecutions under this act
by indictment or otherwise. 1t shall not bt
necessary to state the kind of liquor sold or tC
describe the place where sold, and for any vio
lation of the fourth section, it shall not bt
necessary to state the name of any person tC
whom sold; and in all cases the person or per
sons to whom intoxicating liquors shall be sold
in violation Of this act shall be competent, as
witnesses. to prove such fact. or any oLbel
tending thereto.
Sec. a. That an act to restrain the sale o
spilituous liquors." passed March l2, 1851
and "an act further defining the powers of trus
tees of townships" passed March 2 l853,b,
and the same are hereby repealed; Provided
that all suits and prosecutions pending under
said acts, or previous violations thereof, shal
be prosecuted under said acts, the same as be.
fore the passage of this act.
+. G. LrBL0ND,
Speaker Of the House Of Representatives..
JAMES MYERS,
President Of the Seaats
May lst 1854.