The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1882-04-06
THE POND BILL.
lFau Text OF the Liqnor Tax Ell n
raenea BY the Ohio aeneral Assembly
and Now q Law.

engaged in the traffic Of intoxicating liquors
shall within thirty days after the taking effect
OF thus act, and In the first week in May In each
succeeding year thereafter, and every person
hereafter engaging in such traffic shall, before
engaging therein, and in the first week Of May
IN each succeeding year thereafter, during his
continusnce In such traffic, pay iato the Treas
ury OF the proper county, upon the certificate
Of the County Auditor, ~ follows, to wit
When his place of business is located not
within any village or city, nor within one mile
thereof, 800; when within village having a
population of less than two thousand by the
next preceding Federal census, or within one
mile thereof. $50; when within any other VII
lage or city having . population Of less than
ten thousand inhabitants, or within one mile
thereof, 5000; when within any city Of the SEQ
ond-class having q population of ten thousand
inhabitants, or more, or within two miles
thereof, $3.50, and when within any city Of the
hrst-class or within two miles thereof, $500.
SEQ. 2. Every person engaged in such traffic,
and every person hereafter engaging therein,
shall, at the time fixed by the preceding sec
ton for making said first payment into the
County Treasury, execute to the State Of Ohio
his penal bond in the sum Of 81 1000, with at
least two sureties, resident Of the county, and
each owning therein freehold estate, not ex-
empt from execution, worth at least double
the amount Of the bond above membranes,
which bond shall have indorsed thereon per-
tinent description of the lot or premises
wherein said traffic is or shall be carried on,
together with the name Of its owner and the
sureties thereon shall be to the acceptance of
the Probate Judge of the county, who shall
keep and record the same, together with
the Endorsement thereon, In . book to be by
him kept for that purpose, which bond shall
be conditioned for the faithful performance
of all aud singular the requirements of this
act, and the Probate Judge shall receive In
each case for his services under this act, to be
paid by the person giving such bond, the sum
Of e.
SEC. s. Every person who shall engage or
continue in the traffic Of Intoxicating liquors af-
ter default made in any payment In the first
have broken the condition Of his bond, and an
action shall lie thereon against him and his
sureties in the Court Of Common Pleas for
double the amount Of such default, with costs.
SEo. l. Every person who shall engage OF
the bond in the second section Of this act re-
quired, or after his bond shall have been ad-
Judged to be forfeited, rs in the preceding sec
hon provided, shall be doomed guilty Of Q mis-
demeanor, upon conviction of which he shall
be fined in any sum not exceeding o, 900 nor
less than $500, or be imprisoned in the County
jail not exceeding one year nor less than
thirty days, or both, in the discretion Of the
Court
SEC. 5. Every person who shall sell or furnish
intoxicating liquors, by wholesale or otherwise,
to'one engaged, OF who shall hereafter engage
in such traffic in violation Of this act, shall be
deemed guilty Of misdemeanor cognizable In
the proper Court Of the county in which said
Illegal traffic is carried on, and upon convic-
ton thereof, shall be fined in any sum not ex-
ceeding $4,000 or less than $780, or imprisoned
in the County Jail not exceeding one year nor
less than thirty days, and all indebtedness and
evidences thereof, founded upon the considers
ton of such sale, or furnishing in whole or in
part shall be absolutely void
SEC. 6. Any person, company or corporation
who, as agent or otherwise, shall sell, or re-
ceive orders for, in this State, any Intoxicating
Sqos onnSd o@. q nj. gato .h Ss
ndered as engaged in the traffic in intoxicating
liquors, within the meaning Of this act.
SEQ. 2. Every Assessor Of personal property
in this State shall, when he lists said property
for taxation, carefully inquire and ascertain
what persons, II any, are at the time of his so
listing said property, or for the year preceding
that time, have been engaged in the traffic in
intoxicating liquors in his district, and report
the same TO the Auditor OF his county, indicat-
ing clearly the locality where such traffic is or
has been SO carried on, and the Auditor OF
State in preparing his forms for such Assessors,
shall include therein such forms as will enable
such Assessor to make such return with 40
curacy.
SEQ g. The Auditor Of each county shall, a.
soon as the report of the several Assessors
(mentioned in the preceding section) in his
county in each year shall have been returned to
him, make an accurate list OF all the persons in
his county engaged in the trafic in Intoxicating
liquors within his knowledge thereof, be derived
from the report Of said Assessors, or from in
formation from any other source satisfactory to
him, record said list in book, to be by the
Commissioners Of his county provided for that
purpose, and deliver certified copy Of said
list to the Treasurer and one TO the Prosecuting
Attorney of his county. And the County Audi
tor shall receive for his services, under this
ton, twenty five cents for each name contained
In said list.
SEQ. 8. All prosecutions for offenses under
this act, In all counties in this State, wherein
the Probate Court, has, by law, Jurisdiction Of
misdemeanors concurrent with the Court Of
Common Pleas, shall be conducted in all re-
spects In said Probate Court, as provided In
chapter nine Of title two Of part three Of the
Revised Statutes OF Ohio.
SEo 10. In no prosecution for crimes and
offenses under this actin the Court Of Common
Pleas in any county in this State shall an in
dictment by the Grand Jury be required, but
in all such cases brought before said Court the
Prosecuting Attorney shall immediately file
with said Court of Common Pleas an informa-
ton setting forth briefly and distinctly. in plain
and ordinary language, the charges against the
accused person, and on such charges such per-
sons shall be tried in the same manner - pre-
Nded by law for the trial of persons charged
with other crimes and offenses on Indictment
in said Court Of Common Pleas but such
information may be amended at any time
before or during trial, on such terms as to
continuance and otherwise, rs said Court may
direct.
SEC. II. The Prosecuting Attorney Of any
county shall file his information originally in
said Court Of Common Pleas, without q pre-
hminary hearing before an examining Court,
upon the proper afiidavits being filed therein,
and in like manner shall file his information
upon the transcript of 9 criminal cause brought
for any offense under the provisions Of this act
OF any Justice Of the Peace or Mayor of any
village or city, which shall be fled in said Court
of Common Pleas within ten days after the
filing thereof, BY such Justice or Mayor.
SEC. II. The Prosecuting Attorney shall in
stitute civil actions on all such bonds given
under this act as shall have become forfeited,
for which, as well as for all fines and costs, he
shall be entitled to receive as fees 10 per cent
Of all sums by him collected thereon after
process commenced.
SEC. Is. All funds paid into the County
Treasury under the provisions of this act sbal
be credited two-thirds thereof to the town
ships, villages and cities from which said fund.-
were received, and shall be paid to such town
ships, villages and cities by said Treasurer fo
general expenses of such corporations ant
townships, and the remaining one-third to tn,
General County Fund, except the assessment
placed upon the business Of persons who hav
no fixed place Of business in the State, which
' sum shall be paid into the State Treasury, upol
credit of the General Revenue Fund.
SEQ. IA. For the purpose Of paying the as
sessment fixed and giving the bond requires
by this act, and for no other purpose there
under, nrm or corporation may De treate'
and considered as one person, and the use an
sale Of intoxicating liquors, in good faith, 70
purely medicinal purposes, by lawfully author
lied physicians in their regular practices, or o
pure alcohol for mechanical purposes, or o
other Intoxicating liquors by druggists upon
written order or prescription of such physical
for such purposes, shall not be deemed traffi
within the meaning Of this act.
SEQ Is. Nothing in this act shall operate t
repeal, supersede or impair any existing stat
ute or any provision thereof nor shall an
thing in this act be construed or held to al
thorize or license in any way the sale of into1
eating liquors
SEC. 16. This act shall take effect and be i
force from and after the 1st day Of May, 1873:
ALor of farmers who had been listen
inO To a railroad land agents praise {