The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1902-06-20

leliver and furnish his product in
Wholesale quantities to bona fide retail
dealers trafficking in intoxicating
liquors or in wholesale quantities to
any party or parties residing outside of +,
the limits OF said municipality.
Sec. 4364-20c. The phrase 'Intoxica- I
ting liquors" as used in this act shall
be construed to mean any distilled,
malt, vipous or any other intoxicating
liquors; but nothing In this act shall be-
to prevent the selling of in
toxicating liquors at retail by u regular
inal, pharmaceutical, scientific, me-
chanical or sacramental purposes; and
when sold for medicinal purposes 1t
shall be sold only In good faith upon
written prescription issued, signed and
dated in good faith by a reputable ply |
sician in active practice and the pre-
scriptiOn used but once. The words |
'.giving away" where they occur In
this act shall not apply to the giving
away Of intoxicating liquors by per-
son in his private dwelling. unless such
private dwelling is place of public
resort.
SEC. 4364 20d. When any person,
company or corporation has discon-
tinued such traffic In accordance with
the provisions Of this act, within the
| time specified by section 4364-2Oa of
this act has paid or Is charged upon
the tax duplicate with an assessment
upon such traffic, the county auditor,
upon being satisfied OF such fact, shall
issue to such person, company or corpo-
ration, q refunding order Ofan amount
propOrtionate to the unexpired time for
which said assessment has been paid.
SEC 4364 poe The petition for an
election provided for In section 4364-
2Oa of this act shall be deemed sufficient
and the council shall order such an
election when the petition is signed by
as many qualified electors as shall equal
in number forty per cent. OF the num-
ber of votes cast in said municipal
corporation at the last preceding gen.
eral election in municipalities which
are divided into wards; and in all other
municipalities, forty per cent. of the
voters at the last preced In G
municipal election, and in indictments
affidsvits, or infOrmatiOns for violation
of this act it shall not be necessary u
3 set forth the facts showing that the
required number of electors In th,
] municipal corporation petitiOned for al
l election, that the election was held. O
0 that the majority voted in favor of pro
Il hibiting the sale as herein provided
But 1t shall be sufficient to state tina
the act complained OF was then ant
i there prohibited and unlawful
u SEC 4364 2Of. The following shall b
u deemed sufficient entry and record @
the result Of an election held under tn
e provisions of this act as required b
/ sections 4364 20a and 4364-20b:
% The State of Ohio. County of. .....
III municipal corporation Of .........
= The special election held on the.
day Off,. ....., A. d., .....
= within and for the municipal corpOr'
tiOn off,. ......) under the loc,
option law resulted rs follows:
Whole number Of votes "for the sa
:, of intoxicating liquors Is beverage
Whole numder of votes 'against u
sale of intoxicating liquors as beve
"a age. CLERK of..............
~ SEC. 4364-2Og. Money received fro
fines and forfeited bonds collect,
~ under the provisions of this act shall
paid into the treasury Of the mun.cip
Icorporation wherein said fine was II
posed or bond forfeited, and shall
lsppplied TO such fund or fun
as the council of said corporation IN
direct.
SEC. 4364 ooh. At any time after u
years from the date Of An election he
under the provisions of section 4364-2
of this act another election may
petitioned for and shall be ordered
provided for in section 4364-20a.
SEC 4364-20i. Any person being
qualified elector of any municipal corl
ration wherein an election shall hs
been held as provided for in this q
~. may contest the validity Of such electi
by filing petition duly verified wi
the Probate Court of the county
As which such municipal corporation
situated, within ten days after t
IL election, setting forth the grounds
-, contest.
The probate judge, upon the filing
!" such petition. shall forthwith ISSUE
!" summons, addressed to the mayor
such municipal corporation, nOtifyi
him of the filing OF such petition q
ne directing him to appear in said cou
on behalf of said municipal corporate
at time named In the summons, whi
DTS time shall not be more than TWEEN
7u days after the election nor less tn
d. Eve days after the filing of su
w. petition.
DTS The probate Judge shall have fir
'er jurisdiction to hear and determi
ns the merits Of the proceeding
or and In other respects in /
nt, procedure of the hearing he shall
'ai governed by the law providing for t
ay contesting of an election of a justice
rs the peace SO far as such law is app
're cable. The Probate Court shall requi
On the person or persons cOntesting t
Ut election to furnish sufficient securi
ne for costs before said petition is filed.
Ter Gro . That saction a2Rl oO of 4