The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1854-07-12

ion before any Justice of the Peace Of the
.ounty in which said offence was commit.
ed, or Mayor OF any incorporated town.
village or city, or by Information or indict-
nent, as may be provided by law for the
prosecution of offences, the punishment
Of which is not capital. or imprisonment
in the penitentiary; end upon the filing 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 to the proper Of.
ficer for the arrest Of the person or per.
sons charged with violation Of the pro-
visions of this act, and such officer shall
forthwith arrest the person or persons
named in said warrant, and bring him or
them before the Justice of the Peace or
Mayor issuing said warrant and upon the
return Of said warrant served, such JUS
tice of the Peace or Mayor shall proceed
to enquire into the truth of such complaint,
unless for good cause shown continu.
ance is granted at the instance OF either
party, and in case the continuance of said
action as aforesaid, the defendant or de-
PENDANTS. shall enter into a recognizance
to the State of Ohio in such sum as the
Justice of the Peace or Mayor may deem
reasonable, with security to the accept
ance of such Justice or Mayor condition.
ed for the appearance of said defendants
at the time fixed for the hearing Of said
complaint, and in default Of such defend
ant or defendants giving such recogni.
zance as aforesaid the defendant or de.
PENDANTS shall be committed to tho Jail Of
the county to be safely kept until the
time fixed for the hearing OF said com.
plant, and il 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 Justice oi
the Peace or Mayor, and such officer
shall enter such forfeiture upon said re.
Icognizance, and also upon his docket and
thereupon such Justice or Mayor shall
forthwith proceed to collect the penalty o
said recognizance by instituting an action
thereon and proceeding with the Same tc
final judgment, and when the same is col
lected after paying the costs of such col
lection, such Justice or Mayor shall pay
over the balance to the township, city, OIL
incorporated village Treasurer for the sup
port Of Common Schools, and in all case.
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 sucf
said charge as in other criminal prosecu
tions Of like grades; Provided, that if sucf
defendant or defendants, shall plead gull
ty, such officer may affix the penalty. ant
proceed to judgment; and in such case
said officer shall. Immediately issue al
execution against the property and bod,
of the defendant, for the fine and costs
unless paid or secured, and said defend
ant shall not be discharged until salt
judgment and costs shall be fully paid, OF
secured to be paid.
I SEC. l2. The following form Of com
plant shall be sufficient in criminal pro
ceedings, before Justices of the Peace. o
Mayors, under this sct. when applicable
but may be varied to suit the nature o
the case namely:
State of Ohio, ss. Befor
4 me. A. B., "a Justice of the Peace for sail
County, or Mayor of, &C.. as the cas-
may be, personally came G. D.. who be
ing duly sworn according to law. deposet
and saith that, on or about the--da,
Oh, in the year, at the count,
. Of, aforesaid, E. F. did sell intoxica
ting liquors, to one G. H., to be drank il
the place where sold, Cor to G. H.. mi
nor. &c., or person intoxicated, or il
the habit of getting intoxicated. as tn
case may be, or is the keeper of q room
or tavern, as the case may be, where in
toxicating liquors are sold in violation {
law and further saith not.
!. Signed, c. D.
4 Sworn to, and subscribed before m,
this-day Of, A. d.,
4 A. B., Justice, or Mayor. &c.
{ SEC. Is. In all prosecutions under tn
act, by indictment or otherwise. it sha
I not be necessary to state tho kind
liquor sold. or to describe the place whel
section, il shall not be necessary to sta
! the name Of any person to whom soil
. and in all GASES, the person or person
to whom intoxicating liquors shall be sol
, in violation Of this act, shall be oompeten
!, as witnesses 10 prove such fact, or an
. other tending thereto.
!. SEC. IA. That "an act 10 restrain Il
, sale Of spirituous liquors" passed Marc
i IL, 1851, and "an act further defining Il
! powers of trustees Of townships" passe
March l5, 1853, be, and the same q
, !, hereby repealed; Prorided, that all sui
: and prosecutions pending under said &C,
! Tor previous violations thereof, shall
prosecuted under said acts, the same
! before the passage Of this act.
!, F. C. LEBLOND,
Speaker of the House Of Representative
JAMES MYERS,
:. President Of the Sena1
!, May lst, 1854.
= Rules for Butter Making.
II The Massachus etts Committee on d.