Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1871-02-03

untainted with demagoguery and alto
gether one of the very best of men and
most faithful and able of publicservants
THE LIABILITIES OF LIQUOR Sell
LERs.
The Person who Sells and the Owner
Of the Property where Ghe Sale is
made liable for Any Damage to Any
Person acrutng from the Sale.
Last winter Mr.. ADAIR, member of
the Legislature from Carroll county.
framed and introduced in the House a
bill which was passed by both Houses
and became the law which is appended
below 1t IS a measure which puts It in
the power Of this and every other com
munity IN the State of Ohio to close up
every saloon and utterly exterminate
the traffic in intoxicating liquors. How
ever profitable it may be the traffic can
nowhere withstand a vigorous and
thorough enforcement of this law.
That all may see exactly what its
provisions are and what may be done
under them we publish It in full.
SECTION /. Be II enacted By tie Gen
s1lzI 44SSeDzbLy 0f tie STATE 0f Ohio, That
sections seven ID and ten (Io) of the
above reCited act, be so amended as to
read as follows
SEC. 7. That every husband, wife,
child, parent. guardian, employer, or
other person who shall be injured in
F0ArEnr rr r,rl1T,avfxs ~ 4r7eaave IF cr4rr,0r4
by any intoxicated person, or in conse-
quence of the intoxication, habitual or
otherwise, of any person, such wife,
child, parent, guardian, employer, or
other person, shall have a right of ac-
ton in his or her own name, severally
or jointly, against any person or persons
who shall, by selling or giving intoxica-
ting liquors, have caused the intoxication,
in whole or in part, of such person or
persons and the owner of, lessee, or
person or persons renting or leasing any
building or premises, having knowledge
that intoxicating liquors are to be sold
therein in violation of law, or having
leased the same for other purposes, shall
knowingly permit Intoxicating liquors to
be so sold in such building or premises,
that have caused the intoxication, in
whole or in part, of such person or per
sons, shall be liable severally or jointly
with the person or persons selling or Civ
ing Intoxicating liquors aforesaid, for all
damages and a married woman shall
have the right to bring suits, and
control the same, and the amount re
recovered, the same as if a TeHle sole i,
and all damages by a minor under this
act, shall be paid either to such minor
or to his or her parent, guardian or next
| friend, as the court shall direct and the
unlawful sale or giving away of intoxica-
ting liquors shall work forfeiture of all
rights of the lessee or tenant, under any
/ lease or contract of rent upon premises
where such unlawful sale or giving away
shall take place; and all suits for damage
under this act shall be by civil action
in any of the courts of this state having
/ jurisdiction thereof.
/ SEC. 10. For all fines, costs and damages
assessed against any person or persons
4 in consequence of the sale of intoxica-
ting liquors, as provided in section seven
of this act, and the act to which this IS
amendatOry, the real estate and personal
property OF such person or persons, ot
every kind, without exception or eXemp-
ton, except under the act to amend an
act entitled an act to regulate judgment
and executions at law, passed March Ist
4 1881, passed March 9th, I84o, took eff
feet March I 9Th, IS4o S. & G.-TI43)
shall be liable for the payment thereof
/ and such fines, costs and damages shall
/ be a lien upon such real estate until
paid, and in case any person or persons
shall rent or lease to another. or others
any building or premises to be used OF
occupied, in whole or in part, for the
| sale Of intoxicating liquors, or shall per
NIT the same to be so used or occupied
| in whole or in part, such building OF
premises so leased, used or occupied
shall be held liable for, and may be sold
to pay all fines, costs and damages as
sessed against any person or persons oc-
cupying such building or premises; and
proceedings may be had to subject the
same to the payment of any such fine
and costs assessed or judgment recover
ed which remained unpaid, or any part
thereof, either before or after execution
shall issue against the property of the
person or persons against whom such
| fine and costs or judgment shall have
| been adjudged or assessed and when
execution shall issue against the property
so leased or rented, the officer shall pro-
ceed to satisfy said execution out of the
/ building or premises so leased or ocCu-
pied as aforesaid; and in case such
building or premises belong to a minor,
insane person or idiot who has control
of such building or premises. shall be
liable and account to his or her ward for
all damages on account of such use and
occupation of such building OF premises,
and the liabilities for the fines, costs and
damages aforesaid; and all contracts
whereby any building or premises shall
be rented or leased. and the same shall
be used or occupied. in whole or in part,
for the sale of intoxicating liquors, shall
be void, and the (lessee) person or per
sons renting or leasing said building or
premises, shall, on and after the selling
or giving intoxicating liquors as afore-
said be considered and held to be in
possession of said building or premises.
Passed April IS, 1870.