Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-02-02


bond and security TO the acceptance Of
said Court. in the penal sum Of one
thousand dollars, payable 10 the State
Of Ohio, conditioned that he. she. or
they, will not sell intoxicating liquors
contrary 10 the laws Of this State, and
will pay all fines, costs, and damages
assessed against such keeper or 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
comfy. in case Of fine. or costs due
such county: provided that the pro-
visions Of the first and fourth sections
Of this act shall not extend to the sale
of the wine manufactured of the puro
juice Of the grape cultivated in this
State, or beer. ale, or cider.
Sec. 0. That the giving away Of
intoxicating 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 act.
Sec. 10. That for all fines and
costs assessed 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 liza
bic 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 in
toxicating 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 person occu-
pying 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
guardian 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 ac-
count to such ward or wards, insane
person or idiot, for all damages, in con-
sequence OF the use and occupation Of
such building and premises, and liza
bilities of such fines and costs, as a.
foresaid.
Sec. IL. That all prosecutions un-
der this act shall be in the name of the
State of Ohio, and shall be commenc-
ed upon written complaint, under
oath or affirmation, before any Justice
of the Peace OF the county in which
said offense 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 offense, the punishment
of which is not capital, or imprison-
ment in the penitentiary: and upon
the filing of such complaint with such
justice of the peace or mayor as afore-
sald,. such justice of the peace or may
or shall forthwith issue a warrant, di-
rected to the proper officer. for the ar
rest of the person or persons named
in said warrant, and bring him or them
before the Justice of the Peace or
Mayor, issuing such warrant, and up
on the return of said warrant served,
such Justice of the Peace or Mayor,
shall proceed to inquire into the truth
of such complaint, unless for good
eau shown continuance is granted
at the instance of either party, and in
case the continuance Of said action as
the defendant or defendants
shall enter into recognizance to the
State of Ohio, in such sum as the JUS
tice of the Peace or Mayor may deem
with security TO the accep-
tance of such Justice or Mayor condi-
toned for the appearance of said de-
fendant or defendants at the time FIX
ed for the hearing of said complaint,
and in default of such defendant or de-
PENDANTS giving such recognizances as
the defendant or defendants
shall be committed to the Jail of the
county to be safely keep 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 tri-
al, the recognizance so given by him
or them shall be forfeited by such JUS
tice Of the Peace or Mayor, and such
officer shall enter such forfeiture upon
said recognizance and also upon his
docket, and tbereupon such Justice or
Mayor shall forthwith proceed to COL
lect 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 collec-
ton, such Justice or Mayor shall pay
over the balance to the township, city,
or incorporated village Treasurer for
the support of Common Schools, and
in all cases of prosecution before JUS
tees of the Peace, or Mayor, if such
officer finds the complaint to be true,
he shall recognize such defendant or
to answer such said charge,
as in other criminal prosecutions of
like grades. Provided, that if such
defendant or defendants shall plead
guilty, such officer may affix the pen
atty, and proceed to judgment; and in
such case, said officer shall immedi-
ately issue an execution against the
and body of the defendant,
for the fine and costs. unless paid or
secured, and said defendant shall not ,
be discharged until said judgment and
costs shall be fully daid, or secured to ]
be paid.
Sec. ls. The following form Of
complaint shall be sufficient in GRIMM !