When sale shall be unlawful. And if a majority of the votes cast at such election shall be in favor of prohibiting the sale of intoxicating liqor as a beverage, then from and after thirty days from the date of holding said election it shall be unlawful for any person, personally or by agent, within the limits of such municipal corporation to sell, furnish or give away any intoxicating liquors to be used as a beverage, or to keep a place where such liquors are kept for sale, given away or furnished, for beverage purposes, and whoever from and after the thirty days aforesaid in any manner directly or indirectly, sells, furnishes, or gives away, or otherwise deals. in any intoxicating liquors as a beverage, or keeps or uses a place, structure or vehicle, either permanent or transient for such selling, furnishing or giving away in which or from which intoxicating liquors are sold, given away or furnished or otherwise dealt in as aforesaid, shall be guilty of a misdemeanor, and shall on conviction thereof, be fined not more than two hundred dollars nor less than fifty dollars for the first offense, and shall for a second offense be fined not more than five hundred dollars nor less than one hundred dollars, and for any subsequent offense be fined not less than two hundred dollars and be imprisoned not more than sixty days and not less than ten days. But Manufacturers nothing contained in any of the sections of this act shall in any manner affect the right of any manufacturer of intoxicating liquors from the raw material, to sell, deliver 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 the limits of said municipality. [95 v. 88.] Penalty for making such prohibited sale. may sell at wholesale to retail dealers. A vote is the expression of a choice. A ballot is a written or printed slip of paper upon which a choice may or may not be indicated. Hence, ballots on which no choice is indicated are not votes and are not to be considered in determining what is a majority of all "votes" cast. In re. Contest South Charleston election, 3 N. P. N. S. 373. Where, in an election under the "Beal Law," the form of ballot used was the one prescribed for an election under the township local option law, but yet was sufficiently definite and precise to inform the voter and not to mislead him, such irregularity in the form of the ballot will not invalidate the election. The contestants of such an election having themselves used such ballot without objection may not be heard to complain of its form after the election is over. In re. Contest South Charleston election, 3 N. P. N. S. 373. In an election under the local option law no more formalities should be required than are actually necessary, and any form of ballot which has written or printed upon it the words "for the sale" or "against the sale" is sufficient. Stick v. State, 3 C. C. (N. S.) 611. toxicating may sell. SEC. 4364-200. The phrase "intoxicating liquors" as Meaning of used in this act shall be construed to mean any distilled, phrase "inmalt, vinous or any other intoxicating liquors; but nothing liquors." in this act shall be construed to prevent the selling of intoxicating liquors at retail by a regular druggist for exclusively Regular known medicinal, pharmaceutical, scientific, mechanical or druggist sacramental purposes; and when sold for medicinal purposes it shall be sold only in good faith upon written prescription issued, signed and dated in good faith by a reputable physician in active practice and the prescription used but once. The words "giving away" where they occur in this act shall not apply to the giving away of intoxicating liquors by a person in his private dwelling, unless such private dwelling is a place of public resort. [95 v. 89.] SEC. 4364-20d. When any person, company or corporation has discontinued such traffic in accordance with the provisions of this act, within the time specified by section 4364-20a of this act, has paid or is charged upon the tax duplicate with an assessment upon such traffic, the county auditor, upon being satisfied upon such fact, shall issue to such person, company or corporation, a refunding order of an amount proportionate to the unexpired time for which said assessment has been paid. [95 v. 89.] SEC. 4364-200. The petition for an election provided for in section 4364-20a 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 number of votes cast in said municipal corporation at the last preceding general election in municipalities which are divided into wards; and in all other municipalities, forty per cent. of the qualified electors at the last preceding municipal election, and in indictments, affidavits, or informations for violation of this act it shall not be necessary to set forth the facts showing that the required number of electors in the municipal corporation petitioned for an election, that the election was held, or that the majority voted in favor of prohibiting the sale as herein provided. But it shall be sufficient to state that the act complained of was then and there prohibited and unlawful. [95 v. 90.] Upon the presentation of a petition to the council for such an election (on the question of a surrender of municipal powers) it is the duty of the council before taking action thereon to satisfy itself that it contains the requisite number of qualified petitioners, and for that purpose may refer the same to a committee to make the necessary examination, and postpone action until time for such examination. Dutten v. Hanover, 42 O. S. 215. A petition for an election to determine whether the sale of intoxicating liquors as a beverage shall be sold within certain prescribed territory is fundamental and jurisdictional, and must substantially comply with the requirements of the law under which the election is to be held. Newburg Election Contest, 3 N. P. N. S. 129. Rebate of Dow tax when tinued. sale discon What constitutes 40 per ified voters." cent, of qual Entry and record of election. Disposition of fines. Another elec tion may be ordered; when. In a petition for an election un the Beal Law in a municipality not having wards it is sufficient if a petition be signed by as many qualified electors as shall equal forty per cent of those who cast their votes at the last preceding election. It is not necessary that the petition contain the names of forty per cent, of those individuals who actually voted at such election, nor that it contain the names of forty per cent, of all those qualified to vote in the election district involved, at the time of the last preceding election. In re. Contest South Charleston election, 3 N. P. N. S. 373. It is the privilege of electors who petition for the Peal Law election to withdraw their names from the petition either with or without the consent of council at any time before the election is ordered; and where such withdrawals reduce the number of signatures remaining on the petition to less than the requisite forty per cent. of the qualified voters, jurisdiction of council to order an election is lost. Haynes v. Village of Hillsboro, 3 N. P. N. S. 17 The petition is a public document, and can be inspected by an elector of the city, and such inspection may be obtained by man damus. T. 5-18-07. SEC. 4364-20f. The following shall be deemed a sufficient entry and record of the result of an election held under the provisions of this act as required by sections 436420α and 4364-20b. The State of Ohio, County of.. pal corporation of..... The special election held on the . munis day of ... A. D.... ..., within and for the (municipal corporation 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 a beverage". [95 v. 90.] Clerk of.... The three readings of the resolution of council prohibiting the sale or keeping of a place where intoxicating liquors are sold under the Peal Law, need not be on three different days. Kumpf v. Village of Delhi, 1 N. P. N. S. 336. SEC. 4364-20g. 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 or bond forfeited, and shall be applied to such fund or funds as the council of the said corporation may direct. [95 v. 90.] Under this section of the statute the mayor, it seems to us, had jurisdiction to order the fine to be paid to the village. Capple v. State, O. L. R. Sept. 24, 1906. SEC. 4364-20h. At any time after two years from the date of an election held under the provisions of section 4304-20a of this act another election may be petitioned for and shall be ordered as provided for in section 4364-200. [95 v. 90.] SEC. 4364-201. Any person being a qualified elector of any municipal corporation wherein an election shall have been held as provided for in this act may contest the validity of such election by filing a petition duly verified with the probate court of the county in which said municipal corporation is situated, within ten days after the election, setting forth the grounds for contest. Where, in an election under the Beal Law, one hundred and sixty-six votes are cast in favor of the sale of intoxicating liquors as a beverage and one hundred and sixty-seven are cast against such sale, and it appears that one vote was cast by a person incompetent through imbecility, this vote, in the absence of evidence, showing for which proposition such vote was cast, must be deducted from the vote on the proposition having the greater number, and thus such election is rendered void for want of the expression of choice by a majority. In re. Contest South Charleston election, 3 N. P. N. S. On a petition contesting an election under the "Beal Law" it is improper to introduce evidence except on points specially set out in the petition. Such petition may not be amended after the expiration of twenty days after the election. In re. Contest South Charleston election, 3 N. P. N. S. NOTE. - A number of cases arising under the Brannock Local Option Law are given herein following the residence district municipal local option act. Contest of election in probate court. Mayor shall summoned The probate judge, upon the filing of such petition, shall forthwith issue a summons, addressed to the mayor of be such municipal corporation, notifying him of the filing of such petition and directing him to appear in said court on behalf of said municipal corporation, at a time named in the summons, which time shall be not more than twenty days after the election nor less than five days after the filing of such petition. The probate judge shall have final jurisdiction to hear Method of and determine the merits of the proceedings, and in other procedure. respects in the procedure of the hearing he shall be governed by the law providing for the contesting of an election of a justice of the peace so far as such law is applicable. The probate court shall require the person or persons contesting the election to furnish sufficient security for costs before said petition is filed. [95 v. 90.] SEC. 2. That section 4364-20 of the Revised Statutes of Ohio be and the same is hereby repealed, but an ordinance passed by a municipal corporation under the authority given in said section prohibiting places where intoxicating liquors are sold at retail shall remain in full force and effect until thirty days after an election has been held in accordance with the provisions of section 4364-20a of Repeal and saving clause nances, for ordi Petition to prohibit sale of intoxicating liquor in residence district; filing tion of. cision of this act. RESIDENCE DISTRICT MUNICIPAL LOCAL SECTION I. OPTION. Whenever a majority of the qualified electors of any residence district of any municipal corporation sign a petition in favor of prohibiting the sale of intoxicating liquors as a beverage in such residence district and file and examina- the petition with the mayor of the municipal corporation or with any judge of the court of common pleas of the county in which such municipal corporation is situated, the mayor or judge shall examine the petition at a public hearing and lecide upon the sufficiency of the petition and cause a copy of his decision to be filed with the clerk of the municipal corRecord of de- poration or council. The decision of the mayor or judge, as certified to the clerk of the municipal corporation or council and recorded by him in the records of the council of the corporation, or a cerified copy thereof, provided it shows that a majority of the voters of such residence district were in favor of prohibiting the sale of intoxicating liquors as a beverage, shall be prima facie evidence that the selling, furnishing or giving away of intoxicating liquors as a beverage or the keeping of a place where such liquors are sold, kept for sale, furnished or given away, if such selling, furnishing or giving away or keeping of such place occurred thirty days after the finding by said mayor or judge, was then and there prohibited and unlawful. [98 O. L. 68.] mayor or judge; its value as evidence. Petition against prohibition of sale of intox-" icating liquor district; filing residence and examination of. Record of decision of mayor or Fudge; its value as evidence. SEC. 2. Whenever a majority of the qualified electors of any residence district of any municipal corporation in which the sale of intoxicating liquors as a beverage has been prohibited under the provisions of section one of this ct, shall sign a petition against prohibiting the sale of inoxicating liquors as a beverage in the same residence disrict and file the petition with the mayor of the municipal corporation or with any judge of the court of common pleas in the county, the mayor or judge shall examine the petition at a public hearing and decide upon the sufficiency of the petition and cause a copy of his decision to be filed with the clerk of the municipal corporations or council. The result of such examination and the finding duly certified by the judge or mayor and recorded by the clerk of the municipal corporation or council in the records of the proceedings of the council of the corporation, provided that it shows that a majority of the voters of the residence district are opposed to prohibiting the sale of intoxicating liquors as a beverage, shall be prima facie evidence that the sale of |