The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1855-03-17
A b. ] z. or Pol,te Naai.,rai.

j ~. IL.
A. B., j. T., or Polire Nrqi,trais.
: Il. If any person shall bc found in
state Of intoxicaton in any highway, street,
court house, or other public place, or shall
be found in n state of intoxicaton in any
place, committing any breach Of the pearr
or disturbing others by noise, any sheriil,
deputy sh Iih, constable or ~ within any
city, said officers, or any police olllcer OF a
city, city marshal or other officer may,
without warrant, and it IS hereby made his
duty to take such person into custody, aud
d tain him in some proper place until, in
the opinion Of such officer, he Shall be so lar
recovered from his intoXIcatlOn rs to be capa-
bic Of properly tcstfying in court of JUS
ticc, aud Shall then bring him, if said per-
! son is willing before some justice OF the peace
of the county, or if arrested within city,
police magistrate Of city; and If such per
son is willing TO make full disclosures re.
garding the person or persons oiwhom, and
I the time, place and manner in which the
/ liquor producing his intoXication was procu-
red, & all the circumstances att, niinS 1t, such
! Justice or police magistrate shall administer
! TO him the oath provided for witnesses, and
he shall inquire of him in the presence OF
| the officer, regarding the mater; and if upon
such inquiry, it shall appear to such officer
! that any Of the oicaces specified in the eighth
/ or ninth sections OF this act have been coin
mitlcd within this State, such officer lwho
| is hereby authorized so to dol shall in due
| form of law file his complaints to said Justice
/ or police magistrate against the person or
persons on such disclosures appearing to the
officer to be guilty thereof, and shall, if the
said person so taken intoxicated be willing
thereto, dqtain said person until thc trial
, of said complaint before said Justice or po'
lice magistrate. And said Justice or police
magistrate shall issue his warrant for the
immediate arrest Of the person charged in
such complaint, and he shall be accordingly
arrested and brought before said justice to
police magistrate Jas the case may bcl OF
answer TO said complaint, and shall be tried
theron without unnecessary delay, and con
yictcd or acquitted in due form Of law and
il shall be the duty Of said officer toproSe
cute such complaint, and ofany States atlor
ney, or [if the offence is committed within
the limits or jurisdiction of city the cit,
attorney to assist him in such prosecution
And the person so arrested, when taken and
brought before said justice of the peace o
police magistrate shall be Immediately pn
to plead to his complaint; and unless he plcaC
guilty, the trial of said complaint shall b
commenced, and, whether he plead guilty o
not the testimony of the person found IN
toyicated as aforesaid shall be taken, o
which testimony the said justice or polio
magistrate shall make true record and
the person so complained against shall b
found guilty, and shall appeal from the judg
mcnt Of said Justice or police magistrate, o
lin the cases before a justice hcrcinbclcr
provided Cor in sections eight and nin shal
give bail for his appearance at the next tern
of the circuit court Of the county whereli
said judgments is rendered, or shall bc CON
mtted III default Of giving bail for his sal
appearance, said justice may in his dIscr'
ton, recognize with surety such witness to
his appearance to testify in said case be'or
court to which said appeal may be taken, o
to which said defendant shall be required
appear. And if upon such trial or trials, tl'
person found intoxicated SHALL IN the opl'
I ion of the prosecuting officer, testify frce',
fully and fairly, regarding the procurcuel
or receipt Of the liquor which produced Il
ntoxication. the person or persons OF whom
and on what tcrris il was obtained or r.
, ceived, and rhc time and place of such r.
CENT. and all the circumstances rcsardit
: il, he shall he q 'sclnrgcd, and no cvidcn'
which he shall have given, either 'beso
, said Justice or police magistrate in makir
sucl, disclosure, or ~ HH''"s9 upon 81