Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1858-05-13
AN ACT.
April II, 1858.

No, ia ri. AN ACT.
To amend the act. entitled can act to
AIMED the act entitled 'An act for the
| prevention of certain Immoral Prac-
tices,'" passed FEBRUARY 18th, 1881
said last act being passed March Goth,
1871. f'... ..,t
Section l. Be it enacted by the Gen
eral Assembly of the State of Ohio, That
no person shall sell, or expose. for sale,
give, barter or otherwise dispose of in
any way, or a t any place, any spurious
or other liquors, or any article of traffic
whatever, at OF within the distance of
two miles from the place where any re-
ligious society, or assemblege of people
are collected or, collecting together for
religious worship in any field or wood
land; provided that nothing in this act
shall effect tavern keepers exercising
their calling nor distilers, manufactures
or others in prosecut ting their regular
trades at their places f businesses any
persons disposing of any ordinary arti-
clcs of provision, excepting spiritous Ii
quors. at their residences, nor any per-
son having a written permit from the
trustees or managers of any such relig-
ious society or assemb blage, to sell pro-
visions for the supply ofpersons attend
ing such religious worship, their horses
or cattle, such persons acting in con-
formity to the regulation Of said reii-
gious assembly and to the laws of the
State.
Sec. 2. That any person found guilty
of committing a breach of the provisions
of this act. shall forfeit and pay for ev-
cry such offence, fine of not less than
ten or more than one hundred dollars,
into the township treasury for the use
of the common schools in said township
where said offence was committed; and
any judge of the common pleas, sheriff
coroner or justice Of the peace of the
county. or any constable thereof, shall,
upon view or information, and with or
without warrant, apprehcnd any person
so offending, and seize all such liquors
or other articles of traffic, and the uten-
sils or furniturcs containing them, and
convey them before ajustice of the peace
and the said justice upon the complaint
under oath or affirm tion of said officer
such offender or any per-
son giving information, shall issue his
warrant of arrest, which shall be formlly
served by the proper officer, and pro-
ceed to inquire into the truth of said
and if found true shall pro-
ceed to bind said offender in such amount
not exceeding $500, as he shall deem
proper, to anser at the next regular term
of the common pleas in said county, to
be proceeded with by indictment, the
fine and costs to be collected as in other
criminal cases; Provided, that if such de-
fendent or defendants shall plead gull
ty, said justice shall affix the penalty
and proceed to Judgment; and in such
case he shall Immediately issue an exc
eution against the property and body of
the defendant or defendants for the fine
and costs unless paid or secured, and
said defendant or defendants shall not
be discharged until said Judgment and
costs shall be paid ,r secured to be paid.
Sec. 3. That in any prosecution
against any person or persons for vio-
lation of the provisions of this act, if
the defendant or defendants shall be ac-
Quilted, he or they shall recover of the
person or persons filing the complaint
double the amount of his or their costs,
which said Justice shall award
Sec. 4. That the act to which this is
amendatory be and the same is hereby
repealed This act to take effect from
and after its passage
WILLIAM B. WOODS,
Speak ofthe House of Representatives.
MARTIN WELKE Err,
President of the Senate.
April -, 1853.
[ No. 115] AN ACT
TO amend Section Twenty three of the
act entitled can act to provide for the
Reorganization, Supervision, and Main
tcnance of Common Schools" passed
March 18th 1858.
SECTION. 1. Be it enacted by the
Gcneral A Assemhlv of the State of Ohio