Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1908-03-06

giving away where they occur in
this act shall not apply to the giving
away of intoxicating liquors by a per-
son in his private dwelling unless such
| private dwelling is place of public
resort.
Section A. When any person, COM
| pany or corporation has discontinued
such traffic in accordance with the
provisions of this act, within the time
specified by Section of this act, and
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 corpora
ton a refunding order of an amount
| proportionate with the unexpired time
| for which said assessment has been
| paid.
Section 5. The petition for an elec-
ton provided for in Sections l and 2
of this act shall be deemed sufficient
| and the commissioners or judge shall
| order such an election when the pc
tition is signed by as many qualified
electors as shall equal in number 35
| per cent of the number of votes cast
in said county at the last preceding
general election, and no elector can
| sign his name to such petition after
1t is fled or withdraw his name from
such petition after 1t is filed, unless,
such signature was secured through
fraud, and in indictments, affidavits
or information for violation of this
act, 1t shall not be necessary to set
forth the facts showing that the re-
quired number of electors in the
| county petitioned for an election and
that the election was held, or that
the majority voted in favor of pro-
hibiting the sale as herein provided.
But it shall be sufficient to state that
the act complained of was then and
there prohibited and unlawful.
Section 6. The following shall be
| deemed a sufficient entry and record
| of the result of an election held under
the provisions of this act:
The State Of Ohio County OFF,.
| E.
The special election held on the
...... day of ........... A. d., 49,.
within and for the county of. .....
............., under the local option
law. resulted as follows:
Whole number of votes "for the sale
of Intoxicating liquors as a beverage"
Whole number of votes against the
| SGilC VI llilOAlIdIlLlS DSN-
| erage" ......
Section T. Money received from
fines and forfeited bonds collected
under the provisions of this act shall
| be paid into the treasury of the
municipal corporation wherein said
| fine was imposed and bond forfeited,
and shall be applied to such fund or
| funds as the council of said corpora
ton may direct. When such law is
enforced in the county court the fine
shall be paid into the county treas
| ury.
Section s. At any time after three
years from the date of an election
held under the provisions of this act,
but not before, another election may
| be petitioned for and shall be ordered
| by the commissioners or common
pleas judge, as provided for in this
act. But nothing contained in the
provisions of this act, shall affect,
amend or repeal or alter in any way
any other law or ordinance which
prohibits throughout any municipality,
township or residence district the
selling, furnishing or giving away of
intoxicating liquor as a beverage or
| the keeping of a place where intoxi-
eating liquor is sold, furnished or
given away as a beverage.
| Section 8. Any person being a
qualified elector of the county where
in an election shall have been held
as provided for in this act, may con-
test the validity of such election by
filing a petition duly verified with
the probate court of the county with
in ten days after the election, setting
forth the grounds for contest.
The probate judge upon the filing
of such petition shall forthwith issue
a summons addressed to the county
prosecutor notifying him of the filing
of such petition and directing him to
appear in said court on behalf of said
county at the time named in the sum-
mons, which time shall not be more
than 20 days after the election nor
less than five days after the filing of
such petition. Any qualified elector
in such county may in person or by
attorney appear in such contested
election case in defense of the valid
ity of the election.
The probate judge shall have final
| jurisdiction to hear and determine
the merits of the proceedings, and
in other respects in the procedure
of the hearing he shall be governed
by the law providing for the contest
ing of an election of justice of the
peace so far as such law is applicable
The probate court shall require the
person or persons contesting the cleo
ton to furnish sufficient security for
costs before said petition is filed.
Section 10. 1t shall be the special
duty of the prosecuting attorney of
the county and the attorney for any
village and the city solicitor of any
city in the county to prosecute cases
for violation of this act, and the COM
mon pleas court shall charge each
grand jury to investigate all viola
tions of this law.
Section IL. This act shall take eff
feet and be in force on and after Sep
tember 1, 1908.
Columbus.-Following is the text of
the Gayman senate Joint resolution.