The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1854-05-12

A'Ns h"a wv E''''S -
,oxicaling liquors, or other shift or device
TO evade The provisions Of this act, shall
be deemed and held 10 be unlawful sell
ing within the provisions OF this act.
Sec. TO- That for all fines and costs
assessed agains, any person or PERSONS,
for any violation of this act, the real es-
tate, and personal property Of such per-
son or persons, Of every kind, without
exemption, shall be liable for the pay>
men, thereof;and all such fines and costs,
shall be lien upon such rea estate ua~
Ill paid. And in case any person OF per>
sons, shall rent or lease, any building or
premises, and knowingly suffer the snme
to be used and occupied 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 as
sessed against the person occupying ouch
building or premises, for any violation of
this act; and in case such building or
premises belong TO any minor, insane psr-
son or idiot, the guardian or guardians Of
such minor or minors, OF 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 uHder
this act shall be in the name Of the State
Of Ohio, and shall be commenced upon
a written complaint under oath or affirm.
alton 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 information or
indictment, as may be provided by law
for the prosecution of-ofences, the pun>
ishment of which is not capital, or i'm
prisonment in the peniiontiary: and upon
the fling Of such complaint with such
justice OF the peace or mayor as afoie-
said, such justice of the peace or mayer
shall forthwith issue a warrant directed
to the proper officer for the arrest of The
person or persons charged with viola.
:ion Of the provisions Ofthis act and such
officer shall forthwith 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 10 enquire into the truth Of such
complaint, unless for good cause shown
a continuance is granted at the instance
Of either party, and in case the conlinu-
ance Of said action as aforesaid, the de-
fendant or defendants, shall enter into
recognizance TO the State Of Ohio in such
sum as the Justice Of the Peace or May
or may deem reasonable, with security
10 the acceptance Of such Justice orMay>
or conditioned for the appearance Of said
defendant or defendants a, the time fixed
for tho hearing of said complaint, and in
default Of such defendant or defendants
giving such recognizance as aforesaid the
defcndan, or defendants shall be COM
mitted 10 the Jail Of the county 10 be safe
ly kept until the time fixed for the hear
ing Of said complaint and if the parties
so recognized shall not appear at the time
set for said tlial The recognizance so giy-
en- 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 forthwith proceed 10 collect
the penalty Of said recognizance by in>
sttuiing an action thereon and proceeds
ing 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 10
the township, city, or incorporated village
Treasurer for the support of Common
Schools, and in all cases Of prosecution
before Justices Of the Peace, or Mayor,
if ouch officer finds the complaint 10 be
true, he shall recognize such defendant
or defendants TO answer such said charge
as in other criminal prosecutions Of like
grades; Provided, that if such defendar,
or defendants, shall plead guilty such Of
fcer may afix the penalty, and proceed
to judgment; and in such case, said Off
Ger shall immediately issue an execution
against the property and body Of the de-
fendani, 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. .lf .'.'s'l~
SEC. 10. The following foIm Of com.
plant shall be sufficicntin criminal pro.
ceedings, before justices Of the peace, or
mayors, under this act, when applicable,
but may be varied 10 suit the nature Of
the case, namely: '"'
Stale OF Ohio -County, ss. Before
me, A. b., "a justice Of the peace for
said county, or mayor of, &c, as,ihe
case may be,) personally came G.. d..
who being duly sworn according TO law,
deposeth and saith, that on or about The
day Of, in the year, a. the
county of----, aforesaid, E. F., did sell
intoxicating liquors, 10 one G. H., to be
drank in the place where sold, (or to G.
H., minor, &c.,or person intoxicated,