Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1854-05-11


or premises, shall be liable for, and &C
count to- such ward or wards, insane
person or idiot. for all damages. in con
sequence of the use and occupation o
such building and premises. and ilaoili'
ties for such fines and costs, as aforesaid
SEC. II. That all prosecutions undel
this act shall be in the name Of tht
State of Ohio, and shall be commenced
upon a written complaint under oath Of
afirmstion before any Justice of tn,
Peace of the county in which said Of
fence was committed, or Mayor of any
incorporated town, village or CITY, or By
information or Indictment, as may b
provided by law for the prosecution o
offences, the punishment Of which is no
capital, or Imprisonment in the peniten
tiary: and upon the fling of such com
plant with such justice of the peace ol
mayor as aforesaid, such justice of the
peace or mayor shall forthwith issue 8
warrant directed to the proper officer fol
the arrest of the person or persons
charged with violation of the provi,
sions of this act and such officer shall
forthwith arrest the person or persons
named in said waErant, and bring him oil
them before the Justice of the Peace OF
Mayor issuing said warrant and upon
the return of said warrant served, such
Justice of the Peace or Mayor shall
proceed to enquire into the truth Of
such complaint, unless for good cause
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 a recognizance to the State of Ohio
in such sums as the Justice of the Peace
or Mayor may deem reasonable, with
security to the. acceptance of sucls5ds-
tice OF Mayor conditioned for the ap,
fearafce of said defendant er defendants
at the time fixed for the hearing of said
complaint, and in default of such de-
fendant Or defendants giving such re-
cognszanee as sf6resaid the defendant OF
dsfendAntashall be committed to the jail
of the county to be safely kept until the
time fixed for the hearing of said COM
plant 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 by such JUS
tice 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 forthwith proceed to collect
the penalty of said recognizance by in
an action thereon and proceed
ing with the same to final Judgment,
and when the same is collected after
paying the costs of such. collection such
Justice or Mayor shall pay over the bal
ance to the township, city, or incorRo-
rated village Treasurer for the support
of Common Schools. and ip al caseSof
prosecution beforeJustices OF the Peade,
or Mayors, if such officer finds the com
plant to De true, he shall recognize such
defendant or defendants to answer such
said charge as in other criminal prosecu-
tioQsSef like grades; Provided. that. il
such defendant or defendants, shall Rlesd
guilty such officer may affix the penalty,
and proceed to judgment; and in such
case,' said officer shall Immediately is
sue 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 judgment and costs shall be
fully paid, or secured to be paid.
SEC. 12. The following form of COM
plant shall be sufficient in criminal pro-
ceedings, before justices of the peace,
or mayors, under this act, when appiicas
bic, but may be varied to sun the ma
ture of the case, namely~
State of Ohio, - Co9nsS. SIS. Be
fore me, A. B., "a justice of the peace
for said county, or mayor of, DC, as the
case may be. personally came c. D.,
who being duly sworn aeeosdilg, toS$~,
ieposcth and saith, hstso or about
he @day -s-, ii thAyear@,
at the county Of, aforesaid, E. F..
lid sell intoxicating liquors, to one G..
H..tp be drank in ths.place v yhere sold,
'or to H., minor &c, or a person
intoxicated, on in the habit of getting
as the case may be, or is
he keeper of room, or taheIfeas. the
,ass may be, w6ersnGhkpxhstk Ii
luQs arfkpld in violsf6k Of law, and
U&Hnsafch not.
y :Signed, c. D:
Swsrn to, andesubscrfbed before me,
his day-of A. D. -.
:: A. B., Justice, or Mayor, &c.
SEC, l3. In all prosecutiRs undes,
his att, 81 indictment or otherwise, it
hall not'beshecessary to state the kind
i iquer 3sld, or to descri she place
sherefsold, a pd for any viofsah of theI
6srtf seetpt5 it shall not be necessary
q satae the name - any person to
Sh @h; and in all casss the person
n persons, to whom Intoxicating liquors
hall be sold, in violation of this act,
hall, be competent, as witnesses, to
,rove such fact, or any other tending
hereto.
SEC. IA. That can act to restrain
he sale of intoxicating liquors" " passed
March le, 1851, and ''an act further de-
lining the powers of trustees of town
hips" passed March 19, 1858, be, and
he sane are hereby repealed; : Provided,
hat all suits and prosecutions pending
lnder said acts, or previous plstions