The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1851-11-19

snail nave been imprisoned tour months.
And if any clerk, servant, agent or other
person in the employment, or on the prem-
iscs of another shall violate the provisions oil
this section, he shall be held equally guilty
with the principal, and on conviclion shall
suffer the same penalty.
SEC 4. Any forfeiture or penalty ari,
sing under the above section, may be recov>
cred by an action Of debt, or by complaint
before any justice of the peace, or judge OF
any municipal or police court, in the county
where the offence was committed. And the
forfeiture so recovered shall 90 TO the town
where the convicted party resides, for the
use of the poor and the prosecutor or com
panant may be admitted as a witness in the
trial. And if AIRY ono Of the selectmen or
board of mayor and aldermen sbal! approve
of the commencement of any such suit, by
endorsing his name upon the writ, the DO
fendant shall in no respect recover any
costs; and in all actions Of debt arising un
der this section, the fines and forfoitures suf.
fered by the defendant, shall be the same as
if the actions had been by complaint. And
il shall be the duty Of the mayor and alder
men of any city, and seleclmen Of any town,
to commence an action in behalf of said
town. 10 commence an action in behalf OF
sHid town or city, against any person guilty
of violation of any of the provisions Of this
act, on being informed of the same, and be-
ing informed of the same, and being furnish
ed with proof of the fact.
SEC. C. If fany person shall claim an mp
peal from a Judgement rendered agains;
him by any judge or justice, on the trial of
such action or complaint, he shall, before the
appeal shall oo allowed, TO recognize in the
sum of one hundred dollars, with two good
and sufficient securities, in every case SO ap-
pealed, to prosecute his appeal and TO pay
all costs, fines and penalties that may be a.
warJed against him. upon final disposition
Of such suit or complaint. And before his
appeal shall be allowed, ho shall also, in
every case, give bond with two good and
sufficient suretes, running TO the town OF
city where the offence was committed in
the sum Of two hundred dollars, that he will
not, during the tendency of any such ap-
peal violate any Of the provisions of the act.
And no recognizance or bond shall be taken
in cases arising under this act, except by the
justice or judge before whom the trial was
had and the defendant shall be held 10 al.
vance the jury fees in every case Of appeal
in an action of debt; and in the event of q
fral conviction before jury, the defendan,
shall pay and suffer double tie amount o
fines, penalties and imprisonment awarded
against him by the justice or Judge from
whose judgement the appeal was made. The
forfeiture of all bonds and rocosnizance.
given in pursuance Of this set, shall 60 TO the
town or city where the offence was commit
ted, for the use of the poor and if tho re.
cognizances and bonds mentioned in th
section shall not be given, within twon,y
four hours after the judgement, the appea
shall not be allowed, the defendant in tht
mean time TO stand committed.
SEC. Z. The mayor and aldermen o
any city, and tho scectmen of anv town
whenever complaint shall have been mad
to them that breach Of tho conditions of th
, bond gwen by any person appointed unde
this act. had been committed, shall notify lh
person complained Of, and if upon a hearing
of The parties il shall appear that any breac
has been committed, they shall revoke an,
r make void his appointment. And whencve
a breach Of any bond given to the inhabi
. tants of any city or town in pursuance c
any of the provisions of this act, shall
made known 10 lhe mayor and alderman, O
h selectmen, or shall in any manor come {
, their knowled &c, they or Scme one Of thcr
SHALL at the expense and for the use of sal
city or town, cause the bond to be rut in sui
in any court proper 10 try the same.
4 SEC. s. No person shall be allowed to b
G a manufacturer of any spirituous or ntoS
} icnting liquor, or "A common seller thereo
j without being duly appointed as aioresaiC
!, on pain Of forieiling on the first conviction
), the SUN Of one hundred dollars and cos
r of prosecution, and in default of the pay
. ment thereof, the person so convicted shal
be imprisoned sixty days in the common
J., jail and on the second conviction, tn
S person so convicted shall pay the sum
a two hundred dollars and the costs Of pros
i ecution, and in default Of payments sha
: be imprisoned four months in the commo
i jail and on the third and every subsequer
: conviction, shall pay the sum of two hur
n dred dollars, and shall be imprisoned lou
months in the common Jail of the count,
5 where the offence was committed saidIpeu
9 allies to be recovered before any court
4 competent jurisdiction, by indictment, q
r by action of debt in The name of The cit
e or town where the offence shall be commit
s ted. Aud whenever a default shall be ha
: of any recognizance, arising under this ac
scre iacias shall be issued, relurnable :
:, the next term, aud the same shall not i
y continued, unless for good cause salislactC
: ry 10 the court.
t, SEC. 8. No person engaged in tho ur
: lawful traffic in intoxicating liquors sha