The American issue. [volume] (Westerville, Ohio) 1912-19??, 1921-07-29

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right of action against any person
who shall, by unlawfully selling to or
unlawfully assisting in procuring 1iq-
uor for such intoxicated person, have
caused or contributed to such intoxi-
cation, and in such action such person
shall have right to recover actual
and exemplary damages In case of
the death of either party the action or
right of action given by this section
shall survive to or against his or her
executor or administrator. The
amount so recovered by either wife or
child shall be his or her sole and sep
arate property. Such action may be
brought in any court of competent
jurisdiction. In any case where par
ents shall be entitled TO such damages,
either the father or mother may sue
alone therefor, but recovery by one of
such parents shall be bar to suit
brought by the other.
Observation-Disclosures for Fines
and Costs
Sec. Il. Any room, house, building,
boat, vehicle, structure, or place where
Intoxicating liquor is manufactured,
sold, kept, or bartered in violation of
this Act, or where any mash, still or
other property designed for the illegal
manufacture of liquor is kept, and all
Intoxicating liquor, mash, still or other
property kept and used in maintaining
the same, is hereby declared to be a
common nuisance; single unlawful
sale or barter, or single act of manu-
featuring liquor unlawfully shall con-
stitute nuisance as herein defined
And any person who maintains such a
common nuisance shall be guilty of a
misdemeanor and upon conviction
thereof shall be fined not more than
$500 or be imprisoned not more than
one year, or both. If person has
his room, house, building, boat, We
hicle, structure, or place is occupied or
used for the manufacture or sale of
liquor contrary to the provisions of
this Act, and suffers the same to be so
occupied or used, such room, house,
building, boat, vehicle, structure, or
place shall be subject to lien for and
may be sold to pay all fines and costs
assessed against the person guilty of
such nuisance for such violation and
any such lien may be enforced by
action in any court having jurisdiction.
Affidavit to Preserve Lien Against
Real Estate-Recording
Sec. Fl. (a) No lien, as provided in
Section q, shall take effect until ac-
ton to enforce it is commenced in the
county within which the property is
located, unless when prosecution Shall
be commenced against any occupant
Of any premises under this section,
there shall be filed i'll the Office of the
Recorder of Deeds of such county, an
affidavit setting forth that such suit
has been instituted, giving the name
of the defendant, the name OF the
owner OF the property, and a descrip-
ton of said property, such description
to be the legal description in case of
real estate. Provided, further, how
ever, that if the property in question
shall be real estate, the title to which
is registered in the Office of the Regis
trar Of Titles under the provisions of
an Act entitled, "An Act concerning
Land Titles approved and in force
May |, 1897, as subsequently amended,
then such affidavit shall be filed in the
Office of the Registrar OF Titles of the
county in which the real estate is stu
ated, instead of the Office of the Re-
corder of Deeds. If such an affidavit
shall be filed, ard it shall subsequently
be determined by court of compe-
tent jurisdiction that such a lien ex-
lists, the lien shall relate back to the
date Of such filing, but unless action to
enforce such lien shall be commenced
within six months after the filing OF
such affidavit, the filing shall be
deemed of no effect whatever.
Injunction to Abate Nuisance-Clos-
ing Premises
Sec. %. Any action to enjoin any
nuisance defined in this Act may be
/ brought in the name of the State of
Illinois by the Attorney General of
the State or by any States Attorney,
City Attorney, or prosecuting attor-
ney of any city, or by the Commits
sioner of Prohibition, if such Office be
created, or by any citizen of the
county where nuisance as herein de-
fined exists. Such action shall be
brought and tried as an action in
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