The Minnesotian. [volume] (St. Paul, Minn. Territory) 1851-1852, 1852-03-27

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jury, the defendant shall pay and suffer
double the amount of fines, penalties and
imprisonments awarded against HIM by the
justice or judge from whose judgment the
appeal was made. The forfeiture for all
bonds and recognizances, given in pursu-
ance of this act, shall 60 to the county for
the support of schools, in the precinct
wherein the offence was committed; and
if the recognizances and bonds mentioned
in this section, shall not be given within
twenty-four hours after the judgment, the
appeal shall not be allowed; the defendant
in the meantime to stand committed.
Sec. 7. The county commissioners of
any county, whenever compliant shall be
made to them, that breach of the condi-
tions of the bonds given by any person
appointed under this act has been commit
ted, shall notify the person complained of:
and if, upon hearing of the parties, ii
shall appear that any breach has been COM
mitted, they shall revoke and make void
his appointment. And whenever breach
of any bond given to the commissioners OF
any county, in pursuance of any of the
provisions of this act, shall be made known
to the said commissioners, or shall in any
manner come to their knowledge, they, OF
some of them, shall at the expense, ani
for the use of said county, cause the bond
to be put in suit in any court proper to try
the same.
Sec. 8. No person shall be allowed to
be manufacturer of any spirituous or in
toxicating liquor, or common seller there
of, without being duly appointed as afore-
said, on pain of forfeiting on the first con-
viction, the sum of one hundred dollars,
and costs of prosecution, and in default of
the payment thereof, the person so con-
victed shall be imprisoned sixty days in
the common Jail and on the second con-
viction, the person so convicted shall pay
the sum of two hundred dollars, and costs
of prosecution, and in default Of payment
shall be imprisoned four months in the
common jail, and on the third and every
subsequent conviction, shall pay the sum
Of two hundred dollars, and shall be i'm
prisoned four months in the common Jail
of the county where the offence was COM
mitted; said penalties to be recovered be-
fore any court of competent jurisdiction,
by indictment or by civil action, in the
name of the offence shall be committed
and wherever default shall be had of any
recognizance arising under this act, scire
facias shall be issued, returnable at the
next term, and the same shall not be con-
tinued unless for good cause, satisfactory
to the court.
Sec. 9. No person engaged in the un-
lawful traffic in intoxicating liquors shall
be competent to sit on any jury in any
case arising under this act, and when in
formation shall be communicated to the
Court, that any member of any panel is
engaged in such traffic, or that he is be-
lieved to be SO engaged, the Court shall
enquire of the juryman of whom such
belief is entertained, and no answer
which he shall make shall be used agains;
him in any case arising under this act
but if he shall answer falsely, he shall be
incapable of serving on any jury in this
Territory; but he may decline to answer
in which case he shall be discharged by
the Court from all further attendance as :
juryman.
SEC. 10. All cases arising under this
act, whether by action, indictment OIL
complaint, which shall come before Su.
perior Court, either by appeal or certiorari
shall take precedence in said Court of al
other business, except those criminal ca.
ses in which the parties are actually un.
der arrest awaiting trial, and the Court
and Prosecuting Officer shall not have au.
thority to enter a nolle prosequi, or te
grant continuance in any case arising
under this act, either before or after the
verdict, except where the purposes Of
justice will require it.
SEC. IL. If any three persons, voter.
in the county where the complaint shall
be made, shall before any Justices Court
make complaint under oath or affirmation
that they have reason to believe, and dc
believe, that spirituous or intoxicating Ii.
quors are kept or deposited, and intended
for sale, by any person not authorized tc
sell the same in said county, under the
provisions of this act, in any store, shop
warehouse or other building, or place, ir
said county, said justice or judge shall is
sue his warrant Of search to any sheriff
or constable, who shall proceed to search
the premises described in said warrant
and if any spirituous or intoxicating Ii.
quors are found therein, he shall seize thu
same and convey them to some proper
place of security, where he shall kee,
them until final action is had thereon
But no dwelling house in which, or il
part of which shop is not kept, shall b,
searched unless at least one Of said com
plainants shall testify to some act of sal,
Of intoxicating liquor therein, by the oc
cupant thereof, or by his consent or per
mission, within one month of the time o
making said complaint. And the owne
or keeper of said liquors seized as afore
said, if he shall be known to the office
seizing the same, shall be summoned forth
with before the justice or judge by who's