The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1854-05-17

provisions 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.
Sse 9. That the giving away Of into1-
eating liquors, or other shift or device to
evade the provisions of this act, shall be
deemed and held to be an unlawful selling
within the provisions OF this aot.
SEC 10. That for al fines and costs as
assessed against any person or persons, for
any violation Of this act, and the real estate,
and personal property of such person or
persons, Of every sind, without exemption,
shall be liable for the payment thereof and
all such fines and costs, shall be lien up
on such real estate until paid. And in case
any person or persons, shall rent or
lease, any building or premises, and
knowingly suffer the same to be used and
occupied for the sale Of Intoxicating liquors,
contrary 10 this act, such building, and
premises so leased and occupied, shall be
held liable for and may be sold 10 pay all
fines and costs assessed against the person
occupying such building or premises, for
any violation of this act; and in case such
building or premises belong to minor, in
sane person or idiot, the guardian or guar
dians, 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, insane
person or idiot, for all damages, in cunse-
uuence Of the use and occupation of such
building and premises, and liabilities for
such fines and costs, as aforesaid.
SEC. IL. That all prosecutions under
this act shall be in the name of the State Of
Ohio, and shall be commenced upon writ
ten complaint under oath or affirmation be-
fore anv 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 OF indictments as may
be provided by law for the prosecutionof
offences, the punishment Of which is not
capital, or Imprisonment in the penitentiary;
and upon the fling of such complaint with
such Justice of The peace or mayor as afore-
said. such justice or mayor shall forthwith
issue warrant directed 10 the proper Off.
Ger for the arrest of the person or persons
named in said warrant, and bring him or
them before 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 en-
quire into the truth of such complaint, IN
less for good cause showna a continuance is
granted at The instance Of either party, ard
in case tie continuance of said action as t-
foresaid, the defendant or defendants, shall
enter into q re:ognisance to the State Of
Ohio in such sum as the Justice of the Peace
or Mayor may deem reasonable, with secu-
rity TO the acceptance of such Justice or
Mayor conditioned for the appearance Of said
defendant Or defendants at the time fxe
for hearing Of said complaint, and in de-
fault of such defendant or defendants giving
such recognizance as aforesaid the defendant
or defendants shall be committed to the Jail
ofthe county to be safely kept until the time
fixed for the hearing of said complaint and
if the parties so recognized shall not appear
at the time set for said trial the recognizance
so given by him or them shall be forfeited
by such Justice of the Peace or Mayor, and
such officer shall enter such forfeiture upon
said recognizance and also upon Lis docket
and thereupon such Justice or Mayor shall
forthwith proceed to collect the penalty of
said recognizance by institGting an action
thereon and proceeding with the same to
final judgment. and when the same is col
lected after paying the costs Of such coIlec-
ton such Justice or Mayor shall pay over
the balance to the township, city or ncor.
rated village treasurer ior,the support Of Com
mon Schools, and in all cases OF prosecution
before Justices of the Peace, or Mayors, if
such officer finds the complaint TO be true,
he shall recognize such defendant or defen-
dants to answer such charge as in other
criminal prosecu:icnsof like grades; PROM
Ge3, that if such defendant or defendants,
shall plead guilty such officer may affix the
penalty, and proceed TO Judgment ard in
such case, said officer shall Immediately is.
sue and execution against the property and
body fthe defendant, for the fine and costs,
unless paid or secured, and said defendant
shall MOI be discharged until said Judgment
and costs shall be faI!y paid, or secured to
be paid.
SEC. II. The following form of COM
plant shall be Sufficient in criminal proceed
ngs before justices of hepeace, or mayors,
under this act, when applicable, but may be
varied to suit the nature of the case namely;
State of Ohio, --------- County, IS. Be-
fore me, 4. B., ia justice of the peace for
said county, 'or mayor of, &c, as the case
may be, personally came G. D., who be-
ing duly sworn according to law, deposeth
and saith, that on, or about the - day
Of ---------, in the year -, at TIE coun-
ty Of, of aforesaid, I. F., did sell intox-
icating liquors, to one G. H., to be drunk in
the place where sold, for to G..H,, minor,
DC, OF person intoxicated, orin the habit
fgetting intoxicated, as the case may be,
or is the keeper Of a room, or tavern, as the
case may be, where intoxicating liquors are
sold in violation Of law, and further saith
not Signed, G. D.
Sworn to and subscribed before me, this
- day Off, AID. --.
A. B., Justice, or Mayor. &c.
SEC. l3. In all prosecutions under this
act by indictment or otherwise, it shall not