Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1881-01-13

to perform the same; such prosecuting
attorney, Justice, mayor, judicial police,
or other officer, shall be fined not less
than twenty, nor more than one hun
dred dollars.
SEC. l2. No person engaged in the
unlawful traffic in Intoxicating liquors
shall be competent to sit in any jury
upon any case arising under this act {;
and when information shall be COM
municated to the court, that any mem
Der of any panel is engaged in such
traffic, or that he Is believed to be so
engaged, the court shall inquire of the
iuryman of whom such belief is enter
tanned, as to the fact, and no answer
which he shall make shall be used
against him in any case arising under
this act; If he answer falsely, he shall
be incapable Of serving on any jury in
this State; but he may decline to an
swer, in which case, he shall be dis
charged by the court from all further
attendance as jurymaH.
SEC. 13. Whenever an unlawful sale
is alleged, and delivery is proved, of
Intoxicating liquors, it shall not be nee
essary to prove a payment, but such de-
livery shall be sufficient evidence Of
sale. A partner in business shall be Ii
able for the unlawful keeping, or sell
ling of his co-partner done in the CO.
partnership business, or by any other
person, in any shop, store, or other
place of business, of such CO-partner-
ship, with his knowledge or assent. A
principal and his agent, clerk, servant,
and employee, and landlord, and his
tenant, may be all included in the same
complaint, Indictment, information,
and process.
SEC. IA. If any person is found in a
state of intOxicatiOn, he shall be taken
into custody, with or without a war
rant, by any sheriff, constable or pO-
lice officer, and shall be detained in
some proper place, until in the opinion
of such officer, he is so far recovered
from his intOxicatiOn, as to render it
proper, when such officer shall take
him before some justice Of the peace,
mayor or police magistrate, in the place
where he has been found, and shall
there make a complaint against him for
said offense of drunkenness; and If
such person then disclOses fully the
name or names of the persons of whom,
and the time, place and manner, in
which the liquor causing his intOxica-
tlon, was procured, on oath administer
ed to him by such justice, mayor of
magistrate, and who shall inquire Of
him as to all the facts and if it appears
from such examination that an Otfense
has been committed under the prOVts-
| ions of this act, such officer shall file
and prosecute his complaint before
such justice, mayor or magistrate,
against the person or persons who APP
pear to have been guilty thereof, and
said complaint of drunkenness shall be
discontinued; but if the person so ar
rested, shall refuse to disclose said
names and facts, said officer shall pro-
Ceed with said complaint against him
for drunkenness, according to law.
Sec. Is. All Intoxicating liquors kept
for sale, and the implements and ves-
sells used in selling and keeping the
same contrary to this act, are declared
to be common nuisanCes; and shall be
primG facie evidence of unlawful sale
against any person or persons in whose
possession they are found.
SEC. 10. The form of affidavit in Sec
ton 7l35 of the Revised Statutes of
Ohio when applicable, shall be sufficient
in criminal proceedings under this act,
before justices of the peace, mayors and
police magistrates, but may be varied
to suit the nature Of the case; and said
justices, mayors and magistrates, shall
issue warrants to search any house or
place, for Intoxicating liquor kept or
concealed, for purposes contrary to this
act but there must be first filed with such
officer, an affidavit, particularly de
scribing the house or place to be search
ed, the person to be seized, If an arrest
Is to be made, and the afliant believes,
and has good rersOn to believe, that in
toxlCating liquors are there kept or
concealed, for purposes contrary to law.
Such warrant shall be substantially
In the form, and shall be executed and
returned, and the liquor found shall be
disposed of as provided in section 1928,
1924, and 7l2S of the Revised Statutes
of Ohio; and when proved to have been
kept or concealed for Illicit purposes,
the liquors shall be destroyed, under
the direction of the court.
SEC. II. Prosecutions under this act
shall be by complaint before the police
magistrate or mayor of the city or viii
lage, or any justice of the peace, of the
county where the offence was commit
ted, or by indictment, or information
in the proper courts of the county hav-
ing jurisdiction in criminal cases; and
such magistrate, mayor or justice, on
said complaint, may proceed to final
sentence and execution.
SEC. Is. For all penalties and costs
assessed against any person or persons,
for the violation of this act, the real es-
tate and personal property of such per-
son or persons, of every kind, without
exemption from execution, shall be
liable for the payment thereof, and the
same shall be lien upon such real es-
tate from the date when rendered un-
til paid.
If any person shall rent or lease any !
building or premises to be used ar occu-
pied in whole or in part, for the sale of
liquors, or shall permit
the same to be used or occupied, in |
whole or in part, such building and |
premises shall be held liable for, and |
may be sold tOpay all fines and costs,
assessed against the person or persons |
so using or occupying the same either |
before or after execution against the |
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