M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1861-05-09
Ordinances Of The Town
of Macarthur.

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An ordinance to prohibit the Sale of intox.
icaling liqyoxs, Wine, ale and strong beer
within thecorporate limits Of the Village
oIsMcArthurP
Section /. Belt ordained BY the Council
OF the incorporated Village Of Macarthur, ia
the County of Vinton and State OF Ohio,
That from and after the legal publication OF
this ordinance 1T shall be unlaw iu for any
person to yend or sci! any spirituous or intox-
iCating liquors, wine, ale orslronG beer in less
quanliues thOn one barrel within the corpor-
ate limits Of said Village.
Set. Every persn violating the pro.
vision OF the first section Of this ordinance
shall upon conviction thereof. for the first
offence be fined in any sum not less than
five dollars and not exceeding twenty dol.
lars; and for the second or any subsequent
offence, be fined in any sum not less than
twenty dollars and not more than fifty dol
lars, and be imprisoned in the Jail Of said
county moi exceeding twenty days, Provided
the imprisonment part may by the Mayor or
Court before whom any person may by
found guilty, at their discretion be omitted
Sec. 3. All places where any intoxca-
ting orspirituous liquors or drinks prohibited
by the first section Of this ordinance are sold =,
contrary to the provisions Of the same, shall
be taken, held and delared to be common
nuisapces; and all places Of public resort Of
whatever description where any of the ar
tices so prohibited as aforesaid, shall be sold,
shall be shut up abated as public nuisances
upon the second conviction of the owner or
occupier ofsaid tenamon. or place of public
resort, ofhis or her having violated the
provisions Of the first section of this ordn.
ance.
Sec. 4. tits hereby made the duty Of the
Mayor or court before whom any person may
be thus second time convicted, to inquire
especially as to the building, structure, or
tensment used or occupied by the Defendant
where said intoxicating and other liquors are
sold in violation of this ordinance; and after
noting the fact of the parties second convic-
ton, and a pertinent description Of the
building, tenement or structure by him or
her thu. occupied and used as place of pub.
lie resort, said Mayor or court having uris-
diction shall declare such building tenement
or structure Common nuisance, and issue
an order commanding the Marshal or other
officers TO whom said order may be directed,
10 shut up and abdte said nuisance.
Sec. 8. 1t is hereby made the duty of the
Marshal or other officers to whom such order
may be delivered, to go to the place desig-
mated in said order, andin a peaceable and
quiet manner, TO demand the possession of
said tenement, building or structure, and if
refused, to exercise such CONTROL as may be
necessary 10 shut up and abate said nuis-
ance; said officer may then call the necessary
assistance and use the necessary force in or
der to the due and proper execution of said
order, which said order shall be executed
within three days from its delivery to said
officer, and 1e returned within thirty days
from its date, or sooner if required by the
Cour, issuing the same.
Sec. 8. All buildings, structures or ten
ements thus declared TO be nuisances and
shut up under an order as herein provided
for, shall remain closed, and the owner or
occupier shall be prohibited from the use
and occupation Of the same for the term of
three months, unless he or she shall sooner
give bond, payable 10 the State OF OHIO
Tor the Village of Macarthur, in the sum of
five hundred dollars, conditioned that neith-
er intoxicating liquors. wine. ale or strong
beer shall be sold therein contrary 10 the
provisions Of this ordinance, with security
10 the acceptance Of the Mayor of said Viii
lagr; which bond shall be deposited with
the Mayor Of said village, and suit thereon
when forfeited, may be brought before any
court having jurisdiction.
Sec. 7, The provisions Of the first Sec
ton Of this ordinance shall not extend to
the sale Of wine manufactured of the pure
juice Of the grape cultivated in the State of
Ohio, nor 20 sales Of intoxicating liquors
when sold for medical or pharmaceutical pur-
poses, and prescribed by Physician or Drug.
gist.
Sec. 8. The giving away of any of the
liquors prohibited by the first section Of this
ordinance. or other shifts and devices to
avoid the provisions OF the same, shall be
deemed selling within the meaning Of this
ordinance.
Sec. 9. All sales Of intoxicating or spir-
ituous liquors, wine, a.e or strong beer con-
trary to the provisions Of this ordinance,
made by any agent, sselerk'o employee, shall
be taken and to be a sale made by the prin-
cipal, and he or she be held liable to the pro-
visions Of this ordinance. -..Effr -
Sec. 10. All suits under the provisions
Of this ordinance shall be conducted in the
name Of the State of Ohio, all fines and pen.
alties be paid into the treasury Of said vii.
lage Of Macarthur; and in all costs where
the defendan; fails or refuses to return out
sufficient goods and chattles to satisfy the
fine assessed against him Or her, under the
provisions Of this ordinance, his or her body
may be taken on execution and committed
10 the Jail ol said County. to remain until
sald fine and cost is fully paid.
Sec. IL. In all prosecutions under the
provisions Of this ordinance, the accused may
at any time before Mayor or other court
having jurisdiction, demand trial by Ju.
y, which demand shall be noted on the dock.
ct Of said May or or court before whom said
party shall be arraigned, and said court shall
proceed to hear and determine said cause the
same as il said demand had not been made
Provided, however. that In case said Mayor
or court shall find the defendant guilty O.
the charge as alleged said court shall re-
ouire said defendant to enter into q recog
nizance in not less than fifty and not more
than five hundred dollars for his or her ap
| pearance before the Court OF Common