Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1855-02-02


ten complaint, under oath or affirmation,
before any Justice Of the Peace of the
county in which said offence was committed,
or Mayor Of any Incorporated town, village,
or city, or By Information or indictment. as
may be provided by law for the prosecution
Of offences, the punishm ent Of which is not
capital, or Imprisonment in the peniteniia-
r.; and upon the fling Of such. complaint
with such justice cf the peace or mayor as
Aforesaid, such justice Of the peace or may
Tor shall forthwith issue warrant directed
ito the proper officer, for the arrest Of The
! person or persons named in said warrant,
and bring him or them before the Justice
Of the peace or mayor, issuing such war
rant. and upon the return Of said warrant,
served, such justice of tie peace or mayor
shall proceed to inquire into the truth of
such complaint unless for good cause shown
a continuance is granted attbe instance Of
either party, and in case oflhe continuance
of such action as aforesaid. the defendant
or defendants shall enter into recosniz-
ance to the State Of Ohio, 10 such sum as
the justice Of the peace or mayor may dee m
reasonable, security to the acceptance Of
such justice or mayor, conditiuned for the
appearance of said defendant or defendants
at the time fixed for the hearing Of said
complaint, and in default Of such defendant
or defendants giving such recognizances as
aforesaid, the defendant or defendants shall
be committed to the Jail of the county to
be safely kept until the time fixed for the
hearing Of said complaint, and if the parties
so recognized shall not appear at the time
sci for said trial, the recognizance so given
by him or them shall be forfeited BY such
justice of the peace or mayor, and such
officer shall enter such forfeiture upon said
recognizance and also upon his docket and
t'hreupon such justice or mayer shall forth
with proceed to collect the penalty of said
recognizance byinstituting an action there
on and proceeding win the same to inal
Judgment, and when the same is collected
after paying the costs of such collection,
such justice or mayor shall pay over the
balance TO the township, city. or incorpora-
ted village treasurer for the support ofcom
mon schools, and in all cases of prosecution
before justices of the peace, or mayors, if
such officer finds the complaint to be true,
he shall recognize such defendant or de-
PENDANTS to answer such said charge, as in
other criminal prosecutions of ike grades;
Provided, That if,such defendant or defen-
dants shall plead guilty, such officer may
affix the penalty, and proceed to judgment;
and in such case, said officer shall immedi-
ately issue an execution against the prop
erty and body of the defendant, for the fine
and costs, unless paid or secured, aud said
defendant shall not be discharged until such
judgment and costs shall be fully paid. or
secured to be paid
Sec. H. The following form ofcomplaint
shall be sufficient II criminal proceedings.
before justices of the peace or mayors un-
der this act, when applicable, but NAV be
varied TO suit the nature Of the case, name
ly:-
State of Ohio.-coun!y, IS. Before
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 du-
ly sworn according TO law, deposeIh and
saith, thst on or about tie - day Of
in the year-a, the county -afore-
said, one E F. did sell intoxicating liquors
to one G. H., to be drank in the place where
sold, (of to G H.. minor. DC, or a person
intoxicated, or in Ihe habit of getting intox-
icaled, as the case may be, or is the keeper
of a room or tavern. as the case may be,
where intoxicating liquors are sold in vioia-
ton Of law, and further saith not
a la Signed, G. D.
Sworn to and subscribed before me, this
Of A. D -. I
A. B, Justice or Mayor.
Sec. l3 In all prosecutions under this
act by Indictment or otherwise. it shall not /
be necessary to state the kind of liquor sold
or tc describe the place where sold, and for
any violation IF the fourth section, it shall
not be necessary to slate the name of the
person to whom sold, and in all cases, the
-,reo, - ,,.--x,- =, 10, L..