The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1854-05-10

village or city, or by Information or indiot-
ment, as may be provided by law Tor the
prosecution of offences, the punishment
Of which is not capital, or Imprisonment
in the peniien,iary; and upon the fling OF
such complaint with such justice of the
peace or mayor as aforesaid, such justice
Of the peace or mayor shall forthwith issue
warrant directed 10 the proper officer Tor
the arrest Of the person or persons charg-
ed wiiha a violation Of the provisions OF this
act, and such officer shall forthwith arrest
the person or-persons named in said war
rant, and bring him or them before the JUS.
tice Of the Peace or Mayor issuing said
warrant and upon the return Of said war
! rant served, such Justice Of the Peace OF
Mayor shall proceed TO enquire into the
truth Of such complaint, unless for good
tcause shown continuance 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 recognizance TO the State Of Ohio
in such sum as the Justice OF the Peace OF
Mayor may deem reasonable. with securi-
ty TO the acceptance OF such Justice OF
Mayor conditioned for the appearance o
said defendant or defendants at the time
fixed for the hearing OF said complaint
and in default OF such defendant or defen-
dants giving such recognizance as afore.
said the defendant or defendants shall be
committed to the jail of the county TO be
safely KEEP, until the time fixed for the hear.
ing OF said complaint. and il the parties SC
recognized shall not appear at the time Sc,
far said trial the recognizance so given by
him or them shall be forfeited by such Jus.
tce OF the Peace or Mayor, and such Off,
Ger shall enter such forfeiture upon said
Erecognizance. and also upon his docket
and lhereupon such Justice or Mayor shall
forthwith proceed to collect the penalty o
said recognizance by instituting an action
thereon and proceeding with the same to
Efnal Judgment, and when the same is col
lecled after paying the costs of such col
lection. such Justice or Mayor shall pay
over the balance to the township, city, OF
incorporated village Treasurer for the sup
port of Common Schools. and in all cases
of prosecution before Justices of the Peace
or Mayors. if such officer finds the com.
plant to be true, he shall recognize such
defendant or defendants to answer such
said charge as in other criminal prosecu-
tons of like grades; Provided that il such
defendant or defendants. shall plead gull
lty, such officer may afiix the penalty, and
| proceed to Judgment; and in such case
said officer shall Immediately issue an exc
cution against the property and body o
the defendant, for the fine and costs, unless
paid or secured, and said defendant shall
no, be discharged until said judgment and
costs shall be fully paid. or secured 10 be
paid.
SEC. l2. The following form ofcomplain
shall be suffic ent in criminal proceedings
before Justices Of the peace, or mayor
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.. Ia justice of the peace for said
ilcounty, or mayor of. &c, as the case may
l,be, personally came c. D.. who being duly
swofn according to law, deposeth and saith
that, on or about the - day Of. in
the year -, at the county of 49,. afore-
said. E. F. did sell intoxicating liquors. to
one G. H.. TO be drank in the place where
sold. {or to G. H., minor. &C.. or per-
| son intoxicated, or in the habit Of getting
Isintoxicatsd, 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 saitf
not.
Signed, G. D.
| Sworn to, and subscribed before me
this day of -, A. D.,
A. B..Jus,ice, or Mayor, &c.
SEC. Is. In all prosecutions under thi'
act, by indictment. or otherwise. it shall no
be necessary to state the kind Of liquo
sold, or to describe the place where sold
and for any violation Of the fourth section
Iii shall moi be necessary TO state the nam'
OF any person to whom sold; and in al
casea. the person or persons, to whom IN
toxicating liquors shall be cold. in violation
OF this act, shall be competent, as witnesses
to prove such fact, or any other tending
thereto.
SEC. IA. That "an act to restrain th'
sale of spiriiuous liquors." passed Marcl
l2, 1851, and ..an act further defining th'
powers of trustees OF townships" passed
i March l2, 1858, be, and the same are here
by re aled;. PROVIDED, that all suits ant
4 prosecutions pending under said acts, o
tpre yious violations thereof, shall be prose
cuted under said acts, the same as befor
4 the passage of this act.
F. C.LEBLOND,
II Speaker fthe House of Representatives
Il JAMES MYERS,
i President Of the Senate
May 1st. 1854.
l + M r
+ SECRETARY OF STATE's OFFICE,
i i:ie Columbus, May 8. 1854.
II /, WILLIAM TREvlTr. Secretary of Stat
, OF the State OF Ohio, hereby certify ths
the foregoing laws are correctly coPie
from the original rolls on file in this office
j, WILLIAM TREVfTT,
u Secretary OF State.
certify that the foregoing law is col
8 rectly printed. J. b. NoLL'
Auditor, Nj. C. O..
r eJ Santa Anna's great battle with A
varsz, reported some days ago. turns o,
/ be no battle at all although the ''victory
q was celebrated in the city OF Mexico. o
D the l7lti ull., by the ringing of bells, firin