The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1866-01-04

real estate until paid. And in case
my person or persons shall rent or
lease, any building or premises, and
knowingly suffer tho same to be used
and occupied for the sale Of intoxica-
ting 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
and assessed against the person occn-
.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
consequence of the use and occupa-
tion Of such building and premises, and
liabilities for such fines and costs, as
aforesaid. + 0.'l''''' 's05f' 97t
SEC, IL. That all prosecutions un-
der this act shall be in the name of
the State of Ohio, and shall be COM
menced upon written complaint un-
der oath of affirmation before any Jus.
tice of the Peace of the county in which
said offence was committed, or Mayor
of any incorporated town, village or
city, or by y'information or indictment,
as may bc provided by law for the Of
fenscs, the punishment Of which is not
capital, or imprisonment in the peni-
tertiary; and upon the filing of such
complaint with such Justice of the
peace, or mayor as aforesaid, such JUS
tice Of the peace or mayor shall forth
with issue a warrant directed to the
proper officer for the arrest of the per-
son o. persons charged with a viola
tion Of the provisions Of this act, and
such officer shall forthwith arrest The
person or persons named in said war.
rant, and bring him or them. before
the justice of the peace or mayor is-
suing said warrant, and upon the re-
turn of said warrant served, such jus
tice ofthe peace or mayor shah pro-
coed TO inquire into the truth Of such
complaint, unless for good cause shown
a continuance is granted at the in
stance Of either party, and in case of a
continuance of said action as aforesaid,
the defendant or defendants, shall en-
ter into recognizance to the State Of
Ohio, is such sum as the justice of the
peace or mayor may deem reasonable,
with security to the acceptance of SAID
justice or mayor conditioned for the
appearance of said defendant or de-
iendants at the time fixed for hearing
of said complaint, and in default of
such defendant or defendants giving
such .recognizance as aforesaid, the de-
fendant or defendants, shall be COM
mitted to the Jail Of the county, to be
safely kept 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 trial, the rec.
ognizance SO given by him or them,
shall be forfeited by such justice Of the
peace or mayor, and such officer shall
enter slch forfeiture upon said recog
nizance and also upon his docket, and
thereupon such justice or mayor shall
forthwith proceed to collect the penal
ty of said recognizance, by instituting
an action thereon, and proceeding
with the same to final judgment, and
when the same is collected, after pay
ing the costs of such collection, such
justice or mayor shall pay over the
balance TO the township, city, or incor-
porated village treasury, for the sup
port of common schools, and in all
cases of prosecution before justices Of
the peace, or mayors, if such officer
finds the complaint to be true, he shall
recognize such defendant or defend
ants to ans Scr said charge, as in other
criminal prosecutions of like grades:
Provided, That if such defendant or
defendants, shall plead guilty, such Of
ficer may afix the penalty, and pro-
coed to judgment; and in such case,
said officer shall Immediately issue an
execution against the property and
body of the defendant, for the fine and
costs, unless paid or secured, and said
defendant shall not be discharged un-
til said judgement and costs shall be
fully paid, or secured to be paid.
Sic. 12. The following form of
complaint shall be sufficient in crimi-
nal proceedings, before justices Of the
peace, or mayors, under this act, when
applicable, but may be varied to suit
the nature Of the case, namely:
State of Ohio, --- County, ss,--
Before me, A. B., "a justice of the
peace for said county, or mayor OF, &c,
as the case may be,) personally came
G. D., who being duly sworn accord
ing to law, deposeth and saith, that on,
or about the day of - in
the year 80 of the county of --,
aforesaid, 3. f., did soil Intoxicating
liquors to one G. H., TO be drank in
the place where sold, (ior G., H., a
miner, &C., or a person intoxicated, or
is the keeper of a room, or tavern, as
the case may be, where Intoxicating
liquors are sold in violation of law }
and further said not.
Signed, Gus 4 a.. a W "
Sworn to, and subscribed before mo,
this 49, day of -- A. d. --.
4 A. b., justice, or mayor, &c.
SEC. 49,. In all prosecutions under
this act, by Indictment or otherwise, it
shall not be necessary to state the
kind of,liquor sold, and for any viola
ton Of the fourth section, 1t shall not
be necessary to state the name Of any