ofcer to session of take pos goods at tached by constable. where the exceeds fifty dollars, common to certify to pleas, etc. where attachments issued by a justice of the peace against the same defendant, and which may be undetermined at the time of serving the said writ; and it shall and may be lawful for the officer executing such writ, to take into his possession all goods and chattels attached by the constable, and the plaintiffs in such attachment so superseded, shall be entitled to their costs and also to their several debts, in proportion with the other creditors, as in this act before mentioned: Provided Proviso. also, That where the demand preferred to the demand justice of the peace by any of the creditors, exceeds the sum of fifty dollars, the justice shall forthwith make out a transcript of his proceedings and certify the same to the court of common pleas. And provided also, That if on the return Proviso, of an attachment issued against the goods, chattels, rights, credits, monies and effects of an absent debtor, it shall appear to the justice that there was no goods, chattels, rights, credits, monies and effects, on which to levy, the justice in such case, on the application of the plaintiff, may issue an attachment against the lands and tene- to issue ments of the defendant, and the constable shall lands. levy the said writ of attachment in the same manner sheriffs are directed to do by this act, and on the return thereof, the justice shall forthwith certify his proceedings, together with the con- Justice to stable's return, to the court of common pleas next common to be holden for the proper county, and the court of common pleas shall proceed in the same as if the writ of attachment had originally issued from said court. goods, etc., found, cannot be against certify to pleas. pealed. Sec. 21 Be it further enacted, That the act, en- certain titled, "A law, allowing domestic attachments," d published at Cincinnati, the first day of June, one thousand seven hundred and ninety-five; and also When to take effect. the act, entitled, "A law, regulating domestic attachments," published at Cincinnati, the first day of June, one thousand seven hundred and ninetyfive; and also a law, entitled, "A law, allowing foreign attachments," published at Cincinnati, the fifteenth day of July, one thousand seven hundred and ninety-five, and also the act, entitled, "An act, allowing and regulating writs of attachment," passed the eighteenth day of January, one thousand eight hundred and two, be and the same are hereby repealed: Provided, That nothing herein contained, shall affect the proceedings or any attachment now pending and undetermined. This act to take effect and be in force, from and after the first day of June next. MICHAEL BALDWIN, Speaker of the house of representatives. February 21, 1805. DANIEL SYMMES, Speaker of the senate. Ferry keepers to obtain license, CHAPTER VIII. An act, for granting license and regulating ferries, taverns and stores. Sec. 1. Be it enacted by the general assembly of the state of Ohio, That no person shall be authorized to keep a ferry on or across any of the waters, running through or bounding this state, unless he shall have first obtained a license therefor, from ate judges. How to make ap plication and give notice. the associate judges of the proper county, whilst from associ in session, or a permit from the clerk thereof, in case of the recess of the court. All applications for a new ferry shall be by petition, of twelve householders of the township and in the neighborhood where such ferry is proposed to be kept, and the applicant shall advertise his intention to make application to the associate judges, in three of the most public places within the township, at least thirty days before the sitting of the court to which he applies, and keep an advertisement of the same on the court-house door, during the first two days of said term. good and boats and Ferries to be daylight un kept from til dark. When in the Sec. 2. Be it further enacted, That every person To keep obtaining license to keep a ferry, shall provide sufficient and keep, in complete repair, a good and suffi- hands. cient boat, for the safe conveyance of persons and property, and (when the river or creek over which the ferry is kept is passable) shall, with a sufficient number of hands to work and manage the boat, give due attendance, from day-light in the morning until dark in the evening, and shall moreover, at any hour of the night or day (that the creek or river is passable) when called upon, convey the mail or other public express across said night, ete. ferry, and if any person obtaining a license aforesaid, shall fail or neglect to perform the duties herein enjoined or any of them, the person so offending shall forfeit and pay, for every such Penalty for offense, a sum not exceeding five dollars, to be duty, recovered and adjudged of by any court having jurisdiction of the same, at the suit of any person prosecuting and making proof of the same. And if any keeper of a ferry as aforesaid, shall demand and receive a higher rate or sum for ferriages, than shall be allowed by the commissioners of the neglect of or taking more ferriage than allowed by ers. commission Tavern keepers, etc. How to make application and by whom licensed. Penalty for neglecting to furnish good entertainment. Proviso. county where such ferry is kept, the person so offending shall pay for the first offense, a fine not exceeding two dollars, and for every succeeding offense four dollars, recoverable in any court having jurisdiction of the same, by any person making due proof thereof. Sec. 3. Be it further enacted, That no person shall be permitted to keep a tavern, or sell, barter or deliver for money or other article of value, any wine, rum, brandy, whiskey or other spirits or strong drink, by less quantity than one quart, any cider, beer or ale, by less quantity than one gallon, unless the person shall have first obtained a license from the associate judges of the proper county, or a permit from the clerk thereof, in the recess of the court, which license or permit shall be granted by application to the associate judges or clerk, as directed by the first section of this act; but where the same person or persons applies for license, either for a tavern or ferry, in the same house or at the same place, for which the person has formerly had license, it shall not be necessary for him or them to advertise nor apply by petition, unless objections are made to such tavern or ferry, by at least twelve freeholders in the township. Sec. 4. Be it further enacted, That every person obtaining license for a tavern, shall provide and furnish good, suitable entertainment and accommodation for man and horse, and for failure therein, shall be liable to the suit of the party aggrieved for damages and costs, to any amount not exceeding ten dollars, recoverable in any court having jurisdiction thereof, on proof of the facts: Provided, That nothing in this section shall be construed, so as to compel any tavern-keeper, to entertain any person, being in the neighborhood, whose situation is not such as reasonably to require entertainment. games, bet how Sec. 5. Be it further enacted, That if any person Suffering licensed to keep a tavern, or any retailer of wine, ting, etc., spirituous liquors or strong drink, shall knowingly punished. permit or allow of any sporting or rioting in sucn house, or on the premises, on the sabbath, or at any time knowingly allow or permit any kind of betting or gaming for money or any other article of value, either at cards, dice, billiards, bowles, shovel-board, fives, or any other game of hazard or chance, to be played or carried on within their house, out-house, shed, arbor or other place in their occupancy, or shall suffer any disorders, revellings or drunkenness therein, drunkenness therein, every such tavern-keeper or retailer, on being thereof legally convicted before any court having cognizance thereof, shall, for every such offense, be fined in any sum not exceeding twenty dollars, at the discretion of the court, with costs, at the suit of any person making proof of the same, and the license of such person shall thereupon become void, and the offender incapable of being again licensed for one year thereafter. tailing dise, to license. Sec. 6. Be it further enacted, That no person Persons reshall be permitted to retail any merchandise other merchanthan the growth or manufacture of the United obtain States, within this state, or on any of the waters running through or bounding the same, unless the person shall first have obtained a license from the associate judges, whilst in session, of the proper county, or a permit from the clerk thereof, in case of the recess of the court. Sec. 7. Be it further enacted, That all applica |