Silverton (Vil.) v. Davis

Citations

• 20 Ohio C.C. Dec. 523

Syllabus

<p>LICENSES.</p> <p>Swing, Giffen and Smith, JJ.</p> <p>1. Signins or Bill of Exceptions by Mayok.</p> <p>Where a hill of exceptions in a prosecution before a mayor was duly signed arid regularly filed in the common pleas, it is not open to objection in the circuit court on the ground that it was not filed by the mayor or noted on his docket.</p> <p>[For other cases in point, see 1 Cyc. Dig., “Bill of Exceptions,” § 539; 4 Cyc. Dig., “Error,” § 1480. — Ed.]</p> <p>2. Sufficiency of Affidavit.</p> <p>Under an ordinance which provides that “No person shall be engaged in any business hereafter mentioned (including the keeping of public ball rooms or ball grounds) until he shall have obtained a license therefor,” it is necessary in order to charge an offense that the affidavit allege the accused unlawfully failed to secure a license to conduct the business, and not that he unlawfully engaged in the business.</p> <p>3. Power of Mayor to Grant License.</p> <p>Where such an ordinance delegates to the mayor the power to grant or refuse a license at his discretion, it confers upon him more than a ministerial' or administrative duty, and is invalid to the extent that it is not general and does not apply to every person.</p> <p>[For other cases in point, see 5 Cyc. Dig., “Licenses,” §§ 24-26. — Ed.]</p> <p>4. Evidence Necessary to Convict Violation of License Ordinance.</p> <p>In order to warrant a conviction for violation of an ordinance providing for the licensing of ball grounds, etc., there must be evidence that the accused was engaged in the business as keeper, proprietor or manager, and this requirement is not met where the evidence goes no further than to indicate that the accused maintained a hall ground and pavilion on his private grounds, hut not for profit and with which the public had nothing to do.</p> <p>[For other cases in point, see 6 Cyc. Dig., “Municipal Corporations,” § 1910. —Eld.]</p> <p>[Syllabus approved by the court.]</p>