The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1855-01-25

the business has ceased, there is no mus
Iance 10 abate. No mans property can
be forfeited as punishment for crime,
the Constitution providing, that no con
|yiction shall work a "forfeitureof estate.p
fArt. /, sec. s129 Hence there is mo pow
er TO deprive man of the use of his
property anlessit be necessary in order
Ito debate an existing nuisance.
12. The order is not to be directed to
any officer. 1t is not an order to be exc
cuted by an officer. 1t is an order to the
person convicted, obedience to which may
be enforced, if the nuisance be continued,
by attachment for contempt Of Court, :.
The order being made, if the conyietcease
Ito keep a house, Of public resort, Of gthe
character named, or referred toin the 4th
section, he need give, no bond,. and having
Eso ceased, no attachment can properly be
Issued against him. But if he desire TO
continue keeping such house Of public re-
sort, he must, in order to avoid an at
tachment, give bond He has his cleo
ton, to quit keeping house of public re-
sort, or q give bond and keep it without
violating The law, a4s i',rgb II sai'i 9i
l3. The fcllowing information is suf7
ticient in law.a ;t,s Il. a,-hs s,ii
TIE STATE OF ONO, CLERMoNT County,,
Iss, Probate Court May .terpa, in the year
Iof our Lord one thousand eight hundred
and filty,four: John johnson, Prosecuting
Attorney Of the State Of Ohio, for the said
county Of .Clermont, now here in said Pro
bate Court in and for said county, in the
name and by the authority and on be-
half Of the said State of Ohio, infoma-
ZION, makes, that on the second day Of
May, in the year of our Lord one thousand
eight hundred and ffty-fou and from thai
day until the commencement of proceed.
ings herein, to-wit: on the twenty third
day of May, in the year aforesaid, at the
said county of Clermont, in the said State
of Ohio, one Frederick Miller was, and
has been unlawfully the keeper of a room
ofpublic resort, where intoxicating liquor,
we're and have been then and there solo
by said Frederick Miller, in violation o
an act of the General Assembly of thu
slate of Ohio, entitled San act to pro
vide against the evils resulting from the
sale OF intoxicating liquors in the State o.
Ohio" and passed by said Geneaal Assem-
tbly on the first day Of May, in the yea,
aforesaid, contrary to the form of the stat
ute in such case made and provided, ant
against tie peace and dignity of the STATE
Of Ohio. JOHN JOHNSTON,
Prosecuting Atty Of Clermont County.
IA. A prosecution under this act can
mot be commenced in the Probate Court
Itmust be commenced before Justice O
the Peace or Mayor. But no very stric
conformity between the information ant
the original complaint is necessary. 1ftht
charge is substantially the same in both
there is no room to quash the information
on the ground of variance. The proper
rule on this point has already been stated
at this term, in Gates and Goodno v. Tho
State. "'
| Nal tel record is not a proper replica
tion to the plea of former conviction pres
Icrbed in tile Probate Code For there is
no pretem of a record in the plea. The
proper replication is a general denial o
the allegations of the plea; and the issue
thus made up is to be tried by the jury