The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1854-05-11

places so kept by such person or persons
SO convicted, shall be shut up and abated,
upon the order of the court before whom
such conviction may be had, until such
time as such person or persons keeping
such place or places, shall give bond and
security to the acceptance of said court,
in the penal sum of one thousand dollars,
payable to the State of Ohio, conditioned
that he, she, Or they, will not sell intoxi
eating liquors contrary to the laws of this
State, and will pay all fines, costs. and
damages assessed against such keeper
OF keepers, for any violation thereof, and
in case of forfeiture of such bond, suit
may be brought thereon, for the use of
any person interested, or for the use of
the county, in case of fine, or costs due
such county; provided that the 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.
! Sec. 8. That the giving away of in
toxcating liquors, or other shift or devide
the provisions of this act, shall be deem
ed and held to be an unlawful selling
within the provisions of this act.
Sec. 10. That for all fines g. costs assess
ed against any person or persons, for
any violation of this act the real estate &,
personal property fsuch person or per-
sons, of every kind, without exemption,
shall be liable for the payment thereof;
and all such fines and costs, shallbe a lien
upon such real estate until paid. And in
case any person or persons, shall rent or
lease, any building Or premises, and know
iingly suffer the same to be used and oc-
cuped for the sale of Intoxicating liquors,
contrary to this act, such building, and
premises so leased and occupied, shall be
held liable for, and may be sold to pay all
fines and costs assessed against the per-
son occupying such building or premises,
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 mi
; nors, 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 consequence of the use and
occupation of such building and premises
: and liabilities for such fines and costs, as
aforesaid @
Sec. II. 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 affirma-
county in which said offence was commit
ted, or Mayor of any Incorporated town,
village Or city, or by information or in
dictment, as may be provided by law for
: the prosecution of offences, the punish
ment Of which is not capital or imprison-
ment in the penitintiary; and upon the fill
ing of such complaint with such justice
of the peace or mayor as aforesaid, such
, justice of the peace or mayor shall forth
I with issue warrant directed to the prop
: er officer for the arrest of the person or
persons charged with violation of the
provisions of this act and such officer
: Shall forthwith arrest the person or per-
sons named in said warrant and bring him
: or them before the justice of the peace or
mayor upon return of said warrant served
such Justice of the peace or moyor shall
: proceed to enquire into the truth of such
: complaint, unless for good cause shown a
continuance is granted OF the instance of
either party, and in case the continuance
: of said action as aforesaid, the defendant
or defendants, shall enter into a recog-
nizance 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 Mayor
: conditioned for the appearance of said de-
/ fendant or defendants at the time fixed
$ for the hearing of said complaint, and in
+ default of such defendant or defendants
l giving such recognizance as aforesaid the
defendant or defendants shall be commit
ted to the Jail Of the county to be safely
y kept until the time fixed for the hearing
, Of said complaint and if the parties Sc
recognized shall not appear at the time
set for said trial the recognizance SO given
e by him or them shall be forfeited by such
Justice of the Peace or Mayor, and such
officer shall enter such forfeiture upon
, said reeognizance and also upon his dock
ct and thereupon such Justice or Mayor
f shall forthwith proceed to collect the pen
atty of said recognizance by instituting
an action there upon and proceeding with
the same to final judgment, 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 village
Treasurer fer the support of Common
, 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 defendants to answer such said charge
as in other criminal prosecutions of like
grades; pyovided, that if such defendant
or defendants, shall plead guilty such Of
ficer may afix the penalty, and proceed
to Judgment; and in such case, said officer
shall Immediately issue an execution a
gainst the property and body of the de-
fendant, for the fine and costs, unless paid
or secured, and said defendant shall not
be discharged until said judgment and
costs shall be fully paid, or secured to be
paid. a...
Sec. 12. The following form of com
plant shall be sufficient in criminal pro-
|, ceedings, before justices of the peace, or
mayors, under this act, when applicable,
but may be varied to suit the nature of
the case, namely:
Stata of Ohio County &c Rafo~e