Holmes County Republican. [volume] (Millersburg, Holmes Co., O. [Ohio]) 1870-1895, 1873-05-08

THE uTrlEloTTEkYIAw.

tnC LII lie IOt EhI Inv.
As this law is . subject of general
interest, we give the bill in full as
passed by the Legislature.
SECTION l. Be 1t enacted by the
General Assembly of the State of
Ohio, That section forty three of the
above entitled act be so ameded as
to read as follows.
SECTION 43. That if any person
shall publidyor priytely open, set
on foot, carry on, promote, make,
draw, or act as ..backer" or "yender
for or on account of any lottery,
s'policy" or scheme Of chance of
any kind or description, by what
ever name, style or title the same
may be denominated or known, or
wherever located; or if any person
shall. by any of the Aforesaid, expose,
or set to sale, any house, lands or
real estate, or any goods or chattels.
cash or Written evidences of debt,
or certificate of claims, or anything
of value whatever, every such per-
son so offending shall, on convic-
ton thereof, be fined in any snm
not less than fifty nor more than
FIVE hundred dollars, and imprison-
ment in the county Jail not less than
ten nor more than ninety day,at the
discretion of the Court,
SEC. 2. That any person expend-
ing any money or thing Of value, or
incuring any obligation for the pur-
chase or procuring Of any lottery,
or spoliey" ticket, hazard or chance
or any interest therein, in or oE &C.
count of any lottery, ''policy" or
scheme of chance as aforesaid, or
any one dependent in any degree
for support upon, or entitled to the
earnings Of snch person, or any cit
izen for the use of such s one,
shall have a right of action in his or
her own name, jointly or severally,
against the person receiving such
money, thing Of value or obligation,
and all persons whomsoeyer, having
any interest, direct or contingent,
as "backers," "venders" or other
wise, in such receipt or transaction,
or the profits or possible profits
thereof, for the recovery of the
amount of value of such money,
or obligation, together with exem
plary damages, which in no case
shall he less than fifty nor more
than five hundred dollars. Suits
may be commenced under this act
by attachment, and where the
amount recovered in a court of rec
ord is one hundred dollars, or. less,
the plaintiff shall recover costs as in
other cases.
SEc.3. That for the payment Of all
fines and judgments assessed or OBJ
tained under the act against any per-
son or persons. the personal proper
ty of every kind, without exennp-
ton, of such person or persons
shall be liable; and all real estate
leased, or permitted and suffered by
the owner to be used and occupied,
in whole or part, for the promotion
of carrying on in any manner what
ever of any lottery, "policy," or
scheme of chance, as aforsaid, shall
be liable for all fines and judgments
assessed or obtained under this act
against the lessee thereof, and such
fines and judgments shall operate as
and be lein thereon; and violation
by the lessee OF any provision of
this act upon any real estate, or
within any building thereon, here
after leased, shall work q forfeiture
absolutely of such lease, and enti-
tie the lessor to take Immediate pos
session: Provided, if such real es
tate and building, or either of them,
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 real estate and building, or
either of them, knowingly permit
ting said real estate or building to
be used for the purpose aforsaid,
shall be liable for an account to
such ward or wards, insane person or
idiot, for all damage in consequence
of the use and occupation of the
use and occupation of such real es-
tate and building, and liabilities
for such fines, damages andcost, as
aforesaid.
Sec. 4. That said original section
43 is hereby repealed, and this act
shall take effect on its passage. -
fH " i+a N. H. VANVoRHEs,
Speaker of the House of Repre-
sentdtiees. .'71 sa' "9- n -l"is
oaa''i JACOB MUELLER, HasEo
.ita.ag.- President Of tkeSenase.
Passed April Ii, 1873. -aa..,si sii.