True American. [volume] (Steubenville [Ohio]) 1855-1861, 1855-02-01

er over this subject in virtue of the gene-
raj grant of Legislative power in sec. is of
Art. 16, in these words: "No license to
traffic in intoxicating liquors shall hereaf-
ter be granted in this State, but the Gen.
eral Assembly may, by law, provide against
evils resulting therefrom."
6. A violation of either the 1st, I'd or
Sd sections of the act, subjects the offender
to the penalties mentioned in the first
clause of sec. 8. 1t is not necessary, in
order to incur these penalties, that all three
sections be violated.
7. If a sale violate all three sections, the
offender may be prosecuted under either
of them; and his conviction or acquittal
will bar a prosecution, for the same sale,
under either of the other two sections.
8. But conviction or acquittal, under
the 1st, I'd Or Sd sections is no bar to q
prosecution under the 4th.
9. To convict for violation of the I'd
section, it is necessary to aver in the in
formation, and prove on the trial, that the
seller knew the buyer to be minor; and
to convict for violation of the Sd section
it is necessary to aver and prove, in like
manner, that the seller knew the buyer tc
be intoxicated, or in the habit of getting
intoxicated. (Birney's case, 8 o. R. 237,
followed and approved.)
10. To convict for violation of the 4th
section, it is necessary to aver in the infor-
nation, and prove on the trial, that the
place where the liquor was sold, was place
of public resort And the proof must also
show that it was place where liquors were
habitually sold in violation of the act. A
single sale does not make the place nui
sance, OR the seller a "keeper," withir
the meaning of the act. A series of sales
is necessary.
II. No order to shut up, or abate thu
place, can rightfully be made, unless the
nuisance continues to exist at the time sucl
order is made. Unless, therefore, tht
Court is satisfied that, at the time of max
ing the order, the place is kept for the salt
of liquors in violation of the act, no orde
should be made. For it is the unlawful
business, (and not the place, per se,) tina
creates the nuisance; and hence, where tn,
business has ceased, there is no nuisanc,
to abate. No mans property can be for
feited as a punishment for crime, the Con
stitutiOn providing, that no conviction shal
work forfeiture of estate" Cart. l
sec. 12.) Hence there is no power to de
prive man of the use of his property, un
less it be necessary in order to abate an ex
listing nuisance
12. The order is not to be directed t.
any officer. 1t is not an order to be exc
cuted by an officer, 1t is an order to tn
person convicted, obedience to which ma
be enforced, if the nuisance be continued
by attachment for contempt of Court
: Tho order heing made, if tho convict ceas
to keep a house of public resort, of tn
character named, or referred to, in the At
} section, he need give no bond, and havin
so ceased, no attachment can properly b
issued against him. But if he desire I
continue keeping such house of public +,
sort, he must, in order to avoid an attacl
ment, give bond. He has his election,
quit keeping house of public resort,
to give bond and keep it without violatin
the law.
Il