The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1882-04-06


bond shall have been adjudged to be
forfeited, as in the preceding section
provided, shall be deemed guilty of a
mlsdemeanOr, upon conviction of which
he shall be fined in any sum not exceed
ing 1000 nor less than $500, OF be i'm
pr1sOned in the county Jail not exceed
ing one year nor less than thirty days,
or both, in the discretion of the Court.
SEC, D. Every person who shall sell
or furnish intoxicating liquors, by
wholesale or otherwise, to any one en-
gagged, or who shall hereafter engage
in such traffic in violation of this act,
shall be deemed guilty of a misde-
meanor cOgnizable in the proper court
of the county in which said illegal
traffic is carried on, and upon cOnVic-
tiOn thereof shall be fined in any sum
not exceeding $4,000 nor less thOn 5000,
or imprisoned in the county jail not ex-
ceeding one year nor less than thirty
days, and all indebtedness and evidence
thereof, founded upon the consideration
of such sale, or furnishing in whole or
in part, shall be absolutely void.
SEC. 8. Any person, or company, or
corporation who, as agent or otherwise,
shall sell, or receive orders for, in this
State, any intoxicating liquors, owned
by any person, company, or corporation
out of this State, shall be considered as
engaged in the traffic of Intoxicating
liquors within the meaning of this act.
SEC. z. Every assessor of personal
property in the State shall, when he
lists said property for taxation, care
fully inquire and ascertain what per-
sons, if 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, indicating clearly
the locality where such traffic is or has
been 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 returns with accuracy.
SEC. 8. The auditor of each county
shall, as soon as the report of the sew
eral assessors mentioned in the preced-
ing sectiOn) in his county in each year
shall have been returned to him, make
accurate list of all the persons in his
county engaged in the traffic in intOxi-
eating liquors within his knowledge
thereof, derived from the report of said
assessors, or from any other source sat
isfactOTy to him, record said list in a
book, to be by the commissioners of his
county provided for that purpose; and
deliver a certified copy of said list to
the treasurer and one to the prOsecut-
ing attorney of his county. And the
county auditor shall receive for his ser
vices, under this section, twenty-five
cents for each name contained in said
list.
SEC. 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 respects
in said Probate Court, as provided in
chapter nine of title two of part three
of the revised statutes of Ohio.
SEC. 10: In no prosecutions for crimes
and Offenses under this act in the
Court of Common Pleas in any county
in this State, shall an indictment by
the grand jury be required, but in all
such cases brought before said court
the prosecuting attorney shall imme-
diately file with said Court of Common
Pleas an information setting forth
briefly and distinctly, in plain and Or
binary language, the charges against
the accused person, and on such
charges such persons shall be tried in
the same manner as provided 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,
as said court may direct.
SEC. II. The prosecuting attorney, of
any county, shall file his information
in said Court of Common
Pleas, without preliminary hearing
before an examining court, upon the
proper affidavits being filed therein, and |
in like manner shall file his infOrma-
tfAVN hn frnrrnrfyNf Of ayrs, ,,,I
case 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 filed in said Court |
Of Common Pleas, within ten days after |
the filing thereof, by such justice or
mayor.
SEC. IL. The prosecuting attorney
shall institute 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, ten per
cent of all sums by him collected there |
on after process commenced.
SEC. 13. All funds paid into the
county treasurer under the provisions
of this act shall be credited One-half
thereof to the townships, villages, and
cities from which said funds were re-
ceived, and shall be paid to such town
ships, villages and cities by said treasu-
rer for general expenses of such corpOr-
atiOns and townships, and the remain |
ing One-half to the general county |
fund, except the assessment placed |
upon the business of persons who have |
no fixed place of business in the State, |
which sum shall be paid into the State |
treasury upon the certificate of the gen. |
eral revenue.
SEC. IA. For the purpose of paying the |
fixed, and giving the bond |
required by this act, and for no other |
purpose Hereunder, firm or corpora
tiOn may be treated and considered as
one person, and the use and sale of in |
tOxicating liquors, in good faith, for |
purely medicinal purposes, by lawfully |
physicirns in their regular
practices, or of pure alcohol for me-
chanical purposes, or of other intOxi-
eating liquors by druggists upon a |
written order or prescription of such |
physician for such purposes, shall not |
be deemed traffic within the meaning of |
this act.
SEC. 10. Nothing in this act shall Op-
crate to repeal, supercede, or impair |
any existing statute or any provision
thereof.
SEC. Is. This act shall take effect