The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1854-05-13
THE PERRYSBURG JOURNAL.

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 lien upon such
real estate until paid. And in case any per-
son or persons, shall rent or lease, any build
ing or premises, and kowingly suffer the same
to be used and occupied for the sale of in
toxicating liquors, contrary to this act such
building 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
lses, for any violation of 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
sane person or idiot, for all damages, in con-
sequence 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 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 informa ton or indictment, as NAV be
provided by law for the prosecution of olfen-
ces, the punishment of which is not capital,
or imprisonment in the penitantiary and
upon the filing of such complaint with such
Justice OF the peace or mayor as aforesaid,
such Justice OF the peace or mayor shall
forthwith issue warrant directed TO the pro-
per officer for the arrest Of the person or per-
sons charged with violation of the provis-
ions of this act and such officer shall forth
with arrest 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 inquire into the
truth of such complaint, unless jor good
cause shown continuance is granted at the
instance of either party, and in case the
continuance of said action as aforesaid, the
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 security to the
acceptance of such justice or mavor, condi-
toned for the appearance of said defendant
or defendants at the time fixed for the hear
! ing of said complaint and in default Of such
defendant or defendants giving such ecogni-
zance as aforesaid the defendant or defend
ants shall be committed to the Jail of the
county to be safely kept until the time fixed
for the hearing of said complaint; and il
the parties so recognized shall not appear at
the time set for said trial the recogniza ance
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 his docket, and
thereupon such justice or mayor shall forth
with proceed to collect the penalty of said
recognizance by instituting an action thereon
and proceeding with the same to final judg-
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 vii
lage treasurer for the support of common
schools, and in all cases of prosecution be-
fore justices of the peace, or mayors, if such
officer finds the complaint TO be true, he
shall recognize such defendant or defendants
to answer such said charge as in other crimi-
nal prosecutions of like grades Provided
IL, oh 1of~ do, EC .lrn