The Perrysburg journal. [volume], May 13, 1854, Page 78, Image 6

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78
[51] AN ACT
To amend an act entitled " an act defining
the jurisdiction, and regulating the prac
tice of Probate Courts," passed March 14th,
1653. ,
Sec. 1. Be it enacted by the General As
sembly of the State of Ohio, That sections
forty-nine, fifty, and fifty-two, of an act de
fining the jurisdiction and regulating the
practice of the probate courts, passed March
14, 1853, be, and the same are hereby so
amended as to read as follows : Sec, 49. One
hundred and eighty judicious persons, hav
ing the qualifications of electors, shall be
annually selected in each county, to attend
as jurors in the probate court, in the manner
prescribed by law, for the selection of jurors
to attend the court of common pleas ; and
such separate list shall be delivered to the
probate judge by the trustee or judge of elec
tion, at the same time the list for the court
of common pleas is required to be delivered
to the clerk of that court; and the persons
named in the list delivered to the probate
judge, shall serve as jurors in the probate
court, under the provisions of this act ; Pro
vided, that prior to the selection and return
of such jurors for the year 1854, as provided
by law, said probate court shall cause, to be
summoned for each term, the proper number
of persons, having the required qualifications,
to serve as jurors for such term.
Sec. 2. Sec. 50. The names of the persons
selected to serve as jurors in the probate
court, shall be written on separate pieces of
paper, and deposited in a box, to be provided
at the expense of the county ; and at least
ten davs before a term of a probate court.
unless by a written entry in his minutes, the
uidge shall dispense with or postpone the at
tendance of a jury, he shall, in the presence
of the sheriff of the county, proceed to shake
the box and draw therelrom twelve ballots,
.and shall forthwith deliver a list of the ju
rors drawn, to the sheriff, deputy sheriff, or
a constable of the county, with an endorse
ment thereon, signed by him, with his name
;and seal of office, to the following effect : A.
B., sheriff, (or deputy sheriff, or constable,)
of the county of , to which this is deli
vered, is required to summon the persons
named in the within list, to appear before
the dav and hour.) to serve as lurors at
probate court, to be then and there held, da
ted at , the day ot , la
Sec. 3. Sec. 52. Each party shall be en
titled to two peremptory challenges, and such
other challenges for cause, as the probate
judge may allow; and if twelve jurors do
not attend, or be not obtained, the judge may
direct the sheriff, or other officer in attend
ance, to summon any of the bystanders, or
others who may be competent, against whom
no sufficient cause of challenge shall appear
to act as jurors. When twelve jurors appear
and are accented, they shall constitute aiury
The failuie to attend by any person, when
duly summoned, shall be punished as in like
cases in the court of common pleas ; and the
jury, when sworn or affirmed, shall hear the
proofs of the parties, which must be deliver
ed in public, and in the presence of the de
fendant.
Sec. 4. That the original sections, forty
nine, fifty, and fifty-two, of said act, be and
the same are hereby repealed.
F. C. LEBLOND,
Speaker the House of Representatives.
President of the Senate.
April 26, 1854.
[55] AN ACT
To provide against the evils resulting from
the sale of Intoxicating Liquors in the
State of Ohio.
Sec. 1. Ba it enacted by the General As
sembly of the State of Ohio, That it shall
be unlawful for any person or persons, by
agent or otherwise, to sell, in any quantity,
intoxicating liquors, to be drank in, upon,
or about the building, or premises where
sold, or to sell such intoxicating liquors, to
be drank in any adjoining room, building or
premises, or other place of public resort
connected with said building.
Sec. 2. That it shall be unlawful for any
person or persons, by agent or otherwise, to
sell intoxicating liquors to minors, unless
upon the written order of their parents,
guardians, or family physician.
a
Sec. 3. That is shall be unlawful for
any person or persons, by agent or other
wise, to sell intoxicating liquors to persons
intoxicated, or who are in the habit of get
ting intoxicated.
Sc. 4. That all places where intoxicat
ing liquors are sold in violation of this act,
shall be taken, held, and declared to be com
mon nuisances, and all rooms, taverns, eating-houses,
bazaars, restaurants, groceries,
coffee-houses, cellars, or other places of pub
lic resort, where intoxicating liquors are
sold in violation of this act, shall be shut
up and abated as public nuisances, upon
the conviction of the keeper thereof, who
shall be punished as hereinafter provided.
Sec. 5. lhat it shall be unlawlul for any
person to get intoxicated, and every person
found in a state ot intoxication, shall, upon
conviction thereof, be fined in the sum of
five dollars, and imprisoned in the county
jail not more than three, nor less than one
day, and pay the costs of prosecution.
Sec. b. lhat every person who shall, by
the sale of intoxicating liquors, contrary to
this act, cause the intoxication of any other
person, such person or persons shall be liable
tor, and compelled to pay a reasonable com
pensation, to any person who may take
charge of, and provide for such intoxicated
person, and one dollar per day in addition
thereto, for every day such intoxicated per
son shall be kept, in consequence of such
intoxication, which sums may be recovered
in a civil action, before any court having
jurisdiction thereof.
Sec. 7. lhat every wife, child, parent,
guardian, employer, or other person, who
lilt l" . A
snau De miureci in person or property, or
means of support by any intoxicated person,
or in consequence of the intoxication, hab
itual or otherwise, of any person, such wife,
child, parent, guardian, employer, or other
person, shall have a right of action in his
or ner own name, against any person who
shall, by selling intoxicating liquors contra
ry to this act, have caused the intoxication
of such person, for all damages actually
sustained, as well as exemplary damages ;
and a married woman shall have the same
right to bring suits, prosecute and control
the same, and the amount recovered, the
same as if a feme sole ; and all damages re
covered by a minor, under this act, shall be
paid, either to such minor, or to his or her
parent, guardian, or next friend, as the court
shall direct, and all suits for damages under
this act, shall be by a civil action, in any
of the courts of this State, having jurisdic
tion thereof.
Sec. 8. That for every violation of the
provisions of the first, second, and third
sections of this act, every person so offend
ing shall forfeit and pay a fine of not less
than twenty, nor more than fifty dollars, and
be imprisoned in the jail of the county for
not less that ten, nor more than thirty days,
and pay the costs of prosecution, and for
every violation of the provisions of the
fourth section of this act, every person con-1
victed as the keeper of any of the placesjfor
therein declared to benuisances. shall forfeit
and pay a fine of not less than fifty, nor
more than one hundred dollars, and be im-
prisoned in the jail of the county for not
than twenty, nor more than fifty days, and
pay the costs of prosecution, and such place
or places so kept by such person or persons
so convicted, shall be shut up and abated,
upon the order of the. court before whom such
conviction may be had, until such time as
such person or persons, keeping such place
or places, shall give bond and security to
the acceptance of said court, in the penal
sum oi one thousand dollars, payable to the
of Ohio, conditioned that he, she,
they, will not sell intoxicating liquors con-'schools,
to the laws of this State, and will pay
all fines, costs, and damages, assessed against
such keeper or keepers, for any violation
thereof, and in case of a forfeiture of such
suit maybe brought thereon, for
use of any person interested, or for the use!
of the county, in case of a fine, or costs
due such county; provided that the pro
visions of the first and fourth sections of this
act shall not extend to the sale of the wine
manufactured of the pure juice of the grape
cultivated in this State, or beer, ale, or
cider.
Sec. 9. That the giving away of intoxi
cating liquors, or other 6nift or device to
evade the provisions of this act, shall be
deemed and held to be an unlawful selling
within the provisions of this act.
Sec. 10. That for all fines, and costs as
sessed against any person or persons, for any
violation of this act, the real estate, and
personal property of such person or persons,
of every kind, without exemption, shall be
liable for the payment thereof ; and all such
fines and costs shall be alien upon such
real estate until paid. And in case any per-!
son or persons, shall rent or lease, any build-
ingor premises, and kowingly suffer the same
to be used and occupied lor the sule of in-'one
toxicating liquors, contrary to this act, such
and premises, so leased and- occu-
pied, shall be held liable for,. and may be
sold to pay all fines and costs assessed against,
the person occupying such building or prem-j
ises, lor any violation ot this act; and in
case such building or premises belong to
any minor, insane, person or idiot, the guar
dian or guardians, of such minor or minors.
or insane person or idiot, who has control
of such building or premises, shall be. liable!
for, and account to such ward or wards, in-i
sane person or idiot, for all damages, in con-1
sequence of the use and occupation of such
building and premises, and liabilities fori
such fines and costs, as aforesaid.
Sec. 11. That all prosecutions under this,
act shall be in the name of the thatc of Ohio,
and shall be commenced upon a written!
complaint under oath or affirmation before
any justice of the peace of the county in!
which said offence was committed, or Mayor!
of any incorporated town, village or city,
or by information or indictment, as may bej
provided 'by law for the prosecution of olfen-hind
ces, the punishment of which is not capital,
or imprisonment in the penitentiary; and
upon the filing oi such complaint with such!
justice of the peace or mayor as aforesaid,
such justice of the peace, or mayor shall
forthwith issue a warrant directed to the pro
per officer for the arrest of the person or per
sons charged with a violation of the provis
ions of this act, and such officer ;;hall forth
with arrest the person or persons named in!
?aiu aitaui, aim uiiij iiiui ui uitiii m-i'Jiv
the justice of the peace or mayor issuing
said warrant; and upon the return of said
warrant served, such justice of the peace
or mayor shall proceed to inquire into the
truth of such complaint, unless for good
cause shown a continuance is granted at the
instance of either party, and in case the
continuance of said action as aforesaid,
defendant or defendants shall enter into a
recognizance to the State of Ohio in such
sum as the justice of the peace or mayor
may deem reasonable, with secuiity to the,
of such justice or ma vor, condi-'ers
for the appearance of said defendant'
or defendants at the time fixed for the hear-j
ing of said complaint, and in default of such,
defendant or defendants giving such recogni-1
za nee as aforesaid the defendant or d;fend-i
ants shall be committed to the jail vf the!
county to be safely kept until the time fixed
the hearing of said complaint ; and if
j the partiesso recognized shall not appear at
the time set for said trial the recognizance!
so given by him or them shall be forfeited by
lessjsuch justice of the peace or mayor, and suchj
j officer shall enter such forfeiture upon said:
recognizance, and also upon his docket, and
j thereupon such justice or mayor shall fovth
i with proceed to collect the penalty of saidi
j recognizance by instituting an action thereon
i and proceeding with the same to final judg
j ment, and when the same is collected after
: paying the costs of such collection such
justice or mayor shall pay over the balance!
to the township, city, or incorporated vu
State orjlage treasurer for the suport of common
and in all cases of prosecution be
trary fore justices of the. peace, or mayors, if such
j officer finds the complaint to be true, he
i shall recognize such defendant or defendants
i to answer such said charge as in other crimi
bond, thejnal prosecutions of like grades: Provided,
that if such defendant or defendants shall
plead guily, such officer may affix the penal
ty and proceed to judgment; and in such
case, said officer shall immediately issue an
execution against the property and body of
the defendant, for the fine and costs, unless
paid or secured, and said defendant shall not'
be discharged, until said judgment and costs
shall be fully paid, or secured to be paid
Sec. 12. The
fnllnu'incr
4VIIV II
foim of com-
plaint shall be sufficient in criminal pro
ceedings, before justices of the peace, or
mayors, under this act, when applicable, but
may be varied to suit the nature of the case,
namely:
State of Ohio, County, ss. Before
me, A. B., (a justice of the peace for said
county, or mayor ol, ccc, as the case may
be.) personally came C. D., who being duly
sworn according to law, deposeth and saith,
that on, or about the dav of , in
the year
at the county of
-, afore-
?aid, E. F., did sell intoxicating liquors, to
G. 11., to be drunk in the place where
sold, (or to G. II., a minor, &c, or a per
building son intoxicated, or in the habit of getting
intoxicated, as the case may be, or is thu
keeper of a room, or tavern, as the case may
be, where intoxicating liquors are sold in
1 violation ot law,) and lurthcr saith not.
C. D.
Signed
j
Sworn to and subscribed before me, this
day of , A. D. .
A. B., Justice, or Mi or, 5cc.
Sec. 13. In all prosecutions under this
act, bv indictment or otherwise, it shall not
be necessary to state the kind of liquor sold,
or to describe the place where .void, and for
any violation of the fourth section, it shall
j not be necessary to state the imm of any
person to whom sold ; and in all cases th;
j person or persons, to w hom intoxicating
liquors shall be sold, in violation of th'n
act, shall be competent, as witnesses, to
prove such fact, or any other tending
thereto.
! Sec. 14. That " an act to restrain the Kale,
of spiritous liquors," passed March 12, 1S51,
"an act further defining the powers
of trustees of townships,'' passed Marcli 12,
1853, be, and the same are hereby repealed;
1'rovided, that all suits and prosecutions
pending under said acts, or previous viola
tions thereof, shall be prosecuted under said
acts, the same as before the of this
F. C. LEBLOND,
Speaker the House of Representatives.
JAMES MYERS,
President of the Senate.
President of the Senate. May 1st, 1854.
[57] AN ACT
To authorize County Surveyors to acknowl
edge deeds and other instruments, uud to
administer oaths.
Sec. 1. Re it enacted by the General A;.
sembly of the. State of Ohio. That the w-vr-
the.ral county surveyors, now and hereafter in
office in the several counties of the state of
Ohio, shall each, in their respective counties,
J have the same power to take and certify the
acknowledgment of deeds, mortgages, pow
acceptance of attorney, and other instruments afiect
tioned ing real estate, that justices of the peace now
or at any time hereafter may have in their
proper counties.
Sec. 2. That the several county surveyors,
now and hereafter in office in the state of
Ohio, shall each, within their respective coun-
ties, have the same power to administer oaths
and affirmations, and to take affidavits, and
certify all of the same, that justices of the
peace, now or hereafter, at any time, may
.have in their proper counties, except in the
trial of causes before such justices,
F. C. LEBLOND,
Speaker the House of Representatives.
JAMES MYERS,
President of the Senate.
April 29, 1854.
[61] AN ACT
I To amend
the twenty-ninth section of an
act entitled "an act for the incorporation
of Townships," passed March 14, 1853.
Sec. 1. Be it enacted by the General As
sembly of the State of Ohio, That section
twenty-nine of the act entitled " an act for
the incorporation of townships," passed
March 14th, 1853, be so amended as to read :
That it shall be lawful for the trustees of any
township, in any county in this state, to pur
chase, and protect or improve, a cemetery,
or burying ground, not exceeding ten acres
of land, for the use of such township; and
for the purpose of paying for, and improving
and protecting such "grounds, they are here
by authorized to levy and assess upon the
taxable property of such township, such a
per centum as will raise any sum not exceed
ing one thouand dollars in any one year, un-
til the whole amount of the purchase money,