The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1855-02-07

no order should be made. Forit is the
unlawfnl business, (and not the place.
per Sc. J that creates the nuisance; and
hence, where the business has ceased.
there is no nuisance to aba.e. No mans
property can be forfeitedasa a punish
ment for crime,t the constitution providing
that n o conviction shall work a forfeiture
Of estate (Art. l, Sec, l2.) Hence
there's no power to deprive q man OF
the use of his property, unless it be ne
cessary to abate an existing nuisance.
IL. The order is not to be directed to
any officer. 1t is not an order to be eK-
ecuted by an officer. Its an order to the
person convicted, obedience to which may
be enforced, il the nuisance be continued,
By attachment for contempt of Court
The order being made, If the convict
cease to keep a house of public resort, Of
the character named, and havin so ceased,
no attachment can properly be issued q.
gainst him. But if he desire to continue
Keeping such a house of pubic resort, he
must in order, to avoid an attachment,
give bond and keep it without violating
the law.
IS. The following Information is suf-
icient in law.
TIE STATE OF OHIo GrERMoNr COUNTY,
S.. Probate Court, May term, in the
year of our Lord one thousand eight hun
bred and fifty-four: John Johnston,
Prosecuting Attorney OF the State OF u
hio, for the said county Of Clermont, now
- a.:J D.obotn C,urt in and for
said county, in the name and by the au.
thority and on behalf OF the said State OF
Ohio, Information makes, that on the sec
ond day of May, in the year of our Lord
one thousand eight hundred and fifty
four, and from that day till the COM
mencement of proceedings herein, to wit:
on the 23d day of May, in the year atore-
said. at the said county Of Clermont' in
the said State ofOhio, one Frederick Mil
Ter, was and has been unlawGully the
keeper Of a room Of public resort, where
Intoxicating liquors were and have been
,hen and there sold BY said Frederick
Miller in violation of an act of the Gener-
al Assembly Of the State of Ohio, entitled
AN Ac! to provide ag@inst the evils re-
suhing from the sale of intoxicating liz
quors in the State of Ohio,' and passed
; by said General Assembly on ;he first
day Of May, in the year aforesaid. con
trary to the form of the statute in such
case made and provided, and against the
peace and dignity Of tis State Of Ohio.
e JOtIF JOHNSTON.
Prosecuting Att'I Cisrmont Co.
, II. A prosecutionundef This act a n
/, not be commenced 10 fhe Probate Court.
t 1t must BIZ commenced before a justice OF
: the Peace or Mayor. But no very strict
conformity between the information ana
= the original complaint lis necessary. Il
a the charge is substantially the same IN
both, there is no room to quash the lnfor'
c nation on the ground Of variance. The
!. proper rule upon this point has alreadJ
l. been stated at this term, in Gates anC
Goodno as. The State.
'e Nal tel record is not a proper replica
ton to the plea of former conviction pre-
scribed in the Probate Code. For thert
e is no perfect Of record in the plea. Thu
proper replication is a general denial o
the allegations of the plea; and the issu'
y thus made up is to be tried by the jur,
y empanneled in the cause.