The Tiffin tribune. (Tiffin, Ohio) 1868-1887, 1874-04-09

ton Of the court, aud shall pay the
costs OF prosecution; and for every
violation of the provisions OF the
+, fourth section Of this act, every person
. convicted as the keeper Of any places
therein declared to be nuisances, shall
forfeit and pay q fine of not less than
fifty nor more thsn one hundred dol
lars, or be imprisoned in the jail ofthe
county for not less than twenty nor
more than fifty days days, or Doth, at
the discretion of the court, and pay
the costs of prosecution, and such
place o. places so kept by such person
or persons go convicted, shall be shut
up and abated upon the order of the
court, before whom such conviction
may be had, until such time as such
person or persons keeping such place
or places, shall give bond and seeu-
rity to the acceptance of said court, in
the penal sum Of one thousand dol
lars, payable to the State OF Ohio, COR
ditioned that he or they will not sell
intoxicating liquors contrary to the
laws Of the State, and will pay all
fines, costs and damages assessed
against such keeper or keepers, for
every violation thereof, and in case of
forfeiture of such bond, suits may bs
brought thereon for the use of any
person interested, or for the use of the
county, In case of q fine or costs due
such county Provided, that the pro-
visions CT the first and fourth sections
of this act shall not extend to the sale
of the wine manufactured Of the pure
juice Of the grape cultivated in this
state or beer, ale or cider.
Giving dl0dy deemed selling.
SEC. 8. That the giving away of
Intoxicating liquors, or other shift or
devise to eyade the provisions Of this
act, shall be deemed and held to be un-
lawful selling within tue provisions of
this act.
Collection Of Fines, Who and t0hdt
Liable
SEC. 10. (As amended and took eE-
feet July 4, 1S70) For all fines, costs
and damage assessed against apy per-
son or persons in consequence Of the
sale Of Intoxicating liquors, as provid- |
ed in section seven OF this act, and |
the act to which this is amsndatOry,
the real estate and personal property |
Of such person or persons, of every |
kind, without exception or exemption, |
except under the act to amend an act |
entitled an act TO regulate Judgment |
and executions at law, passed March |
/, 1881, passed March 8, 1s4O, took ef-
feet March Is, 1910, Is. & c. 1143),
shall be liable for the payment there
Of; and such fines, costs and damages |
shall be 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 occupied, in whole or In part, for
the sale Of intoxicating liquors, or
shall permit the same to be so used
and occupied, in whole or in part,
such building or premises so leased,
used or occupied, shall be held liable
for and may be sold to pay all faes,
costs and damages assessed against
any person or persons occupying such
building or premises and proceed
irgs may be had to subject the same
70 the payment Of any such fine and
costs assessed or Judgment recovered
which remained unpaid, or any part
thereof, either before or after execu-
ton shall issue against the property
OF the person or persons against whom
such fine and costs or judgment, shall
have been adj1dged or assessed and
when execution shall issue against
the property so leased or rented, the
officer shall proceed to satisfy said
execution out of the building or prem
ises 30 leased or occupied as aforesaid
and in case such building or premises
belong to q minor, insane person or
idiot, the guardian Of such minor, in
sare person or idiot who has control
of such building or premises, shall be
liable and account TO bis or her ward
for all damages on account of such use
and occupation of such building or
premises, and the Liabilities for the
fines, costs and damages aforesaid
and all contracts whereby any build
ing 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
sons renting or leasing said building
or premises, shall on and after the sell
ling or giving intoxicating liquors as
be considered and held to
be in possession of said buildings or
premises. a5a aefF II
Prosecution and Procedure under pre-
ceding Sections.
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 q written complaint,
under oath or affirmation, before any
justice Of the peace OF the county in
which said offense was committed, or
mayor of any Incorporated town, viii
lage or city, or by information or in
dictment, as may be provided by law,
for the prosecution of offenses, the
Cf which is not capital or
in the penitentiary
and upon the filing of such complaint
with such justice of the peace or may
or, as aforesaid, such justice of the .
peace or mayor shall forthwith issue
q warrant directed to the proper off, !
Ger, for the arrest of the person or per-
sons, charged with violation Of the
provisions Of this act, and such officer .
shall forthwith arrest the person or
persons named in said warrant, and -.
bring him or them before the justice
of the peace or mayor issuing said
warrant, and upon the return Of said I
warrant served, such justice of the .
peace or mayor shall proceed to in .
quire into the truth of such COM
plant, unless for good causes shown, q q
is granted at the instance !
Of either party, and In case Of the con- !
tinuRnce of said action as aforesaid, !
the defendant or defendants shall en-
ter into q recognizance to the State Of /.
Ohio, in such sum as the justice of the
peace or mayor may deem reasonable, !
with security to the acceptance OF
such justice or mayor, conditioned for !
the appearance of said defendant or
defendants, at the time fixed for the
hearing of said complaint, and in de- :
fault Of such defendant or defendants
giving such recognizance as aforesaid,
the defendant or defendants shall be ;
committed 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 st the time set for said trial,
the recognizance SO given by him or
them shall be forfeited by such justice
of the peace or mayor, aud such officer
shall enter sach forfeiture upon said
recogizance, and also upon his docket, :
and thereupon such justice or mayor
shall forthwith proceed to collect the !
penalty of said recogniZance, by insti-
tuting an action thereon, and pro-
ceeding with the same to final judg-
ment, and when the same is collected,
after paying the costs of such collec-
ton, such justice or mayor shall pay
over the balance to the township, city
or incorporated village treasury, for I
the support of common schools, and
in all cases Of prosecution before JUS
tices of the peace or mayors, if such I
officer finds the complaint to be true, h
he shall recognize such defendant or 2
TO answer said charge, as h
In other criminal prosecutions Of like a
grades, provided, that II such defend =
ant or defendants shall plead guilty, I
such officer may sfnx the penalty and /
proceed to Judgment; and insuch case, r
said officer snail Immediately issue Z
an execution against the property q
and body Of the defendant for the q
fine and costs unless paid or Sc 3