The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1875-02-25

THE AMENDED ADAIR Law.

The following is copy of the Reese
bill which has just passed the Legislature
and became law, amending section
seven of the act passed April IS, 1870:
AN ACT to amend an amendment Of section seven
of an act to provide against the evils resulting
from the sale of intoxicating liquors IN tne State
Of Ohio passed May l, 1854, Is. Il g, l4Sl) and
amended April IS, 1870.
SECTION |. Be ii enacted By the General
Assembly of the State of Ohio, That amend
ment of section seven of the above reclted
act be amended so as to read as follows;
SEC. 7. That every husband, wife, child,
parent or guardian, employer or other
person, who shall be injured in person or
property or means of support by any in
toxicated person, or consequence OF the
intoxication, habitual or otherwise, ofany
person, such wife, child, parent, guardian
or employer, or other person, shall have
a rig"t ofaction in his or her own name,
severally or jointly, against any person
or persons who shall, by selling or giving
Intoxicating liquors, have caused the in
toxi;ation, in whole or in part, OF such
person or persons, and the owner or les
Sc, or persons renting or leasing. any
building or premises, having knowledge
that intoxicating liquors are to be sold
therein, in violation of law, or having
leased the same for other purposes shall
knowingly permit intoxicating liquors to
he sold in such building or premises, that
have caused the intoxication, in whole or
in part, of such person or pers ons, shall
be liable, severally or jointly, with the
person or persons selling or giving
intoxicating liquors as aforesaid, for
all damages sustained, as well as eX-
emplary damages; and married woman
have the same right to bring suits and
control the same and the amount recov-
cred as femme sole; and all damages re-
covered bv minor under this act shall
be paid to said minor, or to his or her pa
rent. guardian or next friend, as the court
shall direct; and the unlawful sale or CIV
ing away of intoxicating liquors shall
work forfeiture of all rights of the les
see or tenant under any lease or contract
of rent upon premises where such unlaw-
full sale or giving away shall take place;
and all suits for damages under this act
shall be by civil action in any OF the
courts of this State having jurisdiction
thereof; provided, that such husband,
wife, child, parent, guardian or other in
terested person, liable to be so injured by
any sale of intoxicating liquors to any
persh or persons aforesaid, shall desire
to prevent the sale of intoxicating liquors
to the same, shall give notice, either in
writing or verbally before witness or
witnesses to the person or persons so SELL
ing or giving the Intoxicating liquors or
to the owner or lessor of the premises
wherein such Intoxicating liquor is given
or sold, or shall be filed with the town
shipor corporation clerk in the township,
village or CITY wherein such Intoxicating
LIQUORS may be sold notice to all liquor
dealers not to sell to such person or per-
sons any intoxicating liquors from and
after ten days after the date of so filing
such notice, and such notice or notices
filed with such clerk shall be entered by
the clerk of such township, city or village,
in book to be kept for such purpose,
which said book shall be open for the in
spection of all persons interested; any no.
tice entered in such book shall be erased
and so obliterated so as not to be leglble
by the officer having charge of the same,
upon the demand of the person or per-
sons by whom such notice was filed, and
thereafter such notice shall cease and
end. otherwise the aforesaid injured per-
son or persons shall not be entitled to
real or exemplary damages from the al
legged injuries which they may have sus-
tanned by the intoxication of any of the
aforesaid persons, viz: husband, wife,
child, parent, guardian, employer or any
other person Or persons whomsoever;
provided that such notice, whether
served personally or filed with the clerk
aforesaid, shall during its existence, inure
to the benefit of all persons interested the
same as if a notice had been filed by each,
and if any clerk shall fail or refuse to
make such record as herein provided, he
shall be deemed guilty of q misdemeanor,
and upon conviction before any court OF
competent jurisdiction, shall be fined in
any sum not exceeding twenty-five dol
lars nor less than FIVE dollars and the
same shall work forfeiture of office held
by such clerk.
SEC. 2. 1t shall be unlawful for any sa-
loon keeper, grocer or other person to
publish the fact that any notice has been
given as provided in the foregoing section,
by posting srch notice in any saloon, gro
cery. or other place, or by causing the
same to be printed in any newspaper, cir
cular, or in any other way to give pub
licity to the fact that such notice has been
given. Any person violating the provis-
ion of this section shall, upon conviction
thereof. in any court Of competent juris-
diction, shall be fined in any sum not less
than ten nor more than fifty dollars, and
pay the costs of prosecution.
SEC. 3. That section seven of the above
mentioned act be and the sameis hereby
repealed.
SEC. 4. This act shall take effect from