The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1855-01-31

such order is made. Unless therefore,
the Court is satisfied that, at the time Of
making the order, the place is kept for the
sale of liquors in violation of the act, no
order should be made. For it is the un-
lawful business, (and not the place, per Sc,
that creates the nuisance, and hence,
where the business has ceased, there is
no nuisance to abate. No mans proper
ty can be forfeited as a punishment for
crime. the Constitution providing, that no
conviction shall work forfeiture OF
estate" Cart I, SEQ. 12.) Hence there
is no power to deprive a man of the use
OF his property, unless it be necessary In
order to abate an eaisting nuisance.
l2. 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 convict
cease to keep q house Of public resort, Of
the character named, or referred TO in the
4th section, he need give no bond, and
having SO ceased, no attachment can
properly be issued against him. But if
he desire to continue keeping such house
of public resort, he must, in order to avoid
an attachment. give bond. He has his
election, to quit keeping house OF public
resort, or TO give bond and keep it with
out violating the law.
13. The following information is suffi.
cient in law:
The STATE OF ONO, CLERMoNr CouN-
ry. IS. Probate Court. May term, in the
year of our Lord one thousand eight hun
dred and ffty-four: John Johnson. Prose-
cutting Attorney of the State of Ohio, for
the said county of Clermont, now here in
said Probate Court, in and for said ooun.
ty, in the name and by the authority and
on behalf of the said State OF Ohio, in.
formation makes, that on the second day
of May, in the year Of our Lord one
thousand eight hundred and fifty-four
and from that day until tho commence.
ment Of proceedings 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, end has been unlawfully the
keeper Of room of public resort. where
Intoxicating liquors were and have been
then and there sold by said Frederick Mil
ler, in violation of an oct of the Genera
Assembly OF the State of Ohio, entitled
San act to provide against the evils re-
sulting from the sale Of intoxicating liquors
il the State OF Ohio" and passed by said
General Assembly on the first day 81 May
in the year aforesaid, contrary to the form
Of the statute in such case made and pro
vided, and against the peace and dignity
Of the State Of Ohio.
! JOHN JOHNSTON,
| Prosecuting Atty Of Clermont Co.
| Ia. prosecution under this act canno
be commenced in the Probate Court.
must be commenced before Justice o
the Peace or Mayor. But no very stric
conformity between the information ani
the original complaint is necessary.
the charge is substantially the same ir
both, there is no room to quash the infor
nation on the ground of variance. The
proper rule upon this point has already
been stated at This term, in Gates and
Goodno v. The State.
NuI tiel record is not proper repub
lication to the plea Of former conviction
prescribed in the Probate Code. Fol
there is no prof ofert of record in the plea
The proper republication is general de-
nial of the allegations Of the plea; and
the issue thus made up is to be tried by
the jury empanneled in the cause.
| JAMES H. SMITH,
Official Reporter.
| Jan. 20, 1855.