The Greenville journal. [volume] (Greenville, Ohio) 1850-1918, 1908-03-05

it is filed, or withdraw his name from
such petition after it 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-
hibitlng 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 g. 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,.
.............
The special election held on the
...... day of .......... A. D., .....
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
sale of Intoxicating liquors as bev-
erage" ...
Section Z. 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 8. 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 g. 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
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.
| L he pTODdt6 JuuSe Slldll nave HHdl
| 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 H. This act shall take ef-
feet and be in force on and after Sep
tember 1, 1908.