The organ of the temperance reform. (Cincinnati, O. [Ohio]) 1852-1853, 1852-01-16

convictions, the convict shall not be
entitled to the benefit of chapter IT'S
of the revised statutes, until he shall
have been Imprisoned two months :
and in default of paymenI of fines and
costs provided for the third and every
subsequent conviction, he shall not be
entitled to the benefit of said chapter
IT'S of the revised statutes, until he
shall have been imprisoned four
months. And if any clerk, servant,
agent or other person in the employ
ment, or on the premises of another
shall violate the provisions Of this sec.
tion, he shall be held equally guilty
with the principal, and on conviction,
shall suffer the same penalty.
SEC. 8. Any forfeiture or penalty
arising under the above section, may
be recovered 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 for
feiture so recovered shall go to the
town where the convicted party re-
sides, for the use of the poor; and the
prosecutor or complainant may be ad-
mitted as a witness in the trial. And
| if any one of the selecmen or board
or mayor and aldermen shall approve
of the commencement of any such
suit, by endorsing his name upon the
writ, the defendant shall in no event
recover any costs; and in all actions
of debt arising under this section, the
fines and forEeitures suffered by the
defendant, shall be the same as if the
actions had been by complaint. And
it shall be the duty of the mayor anC
aldermen of any city, and seleotmer
of any town, to commence an actor
in behalf Of said town or city, agains
any person guilty of violation o
any Of the provisions of this act, OF
being informed of the same, and being
furnished with the proof of the fact.
Sec. 6. If any person shall claim
an appeal from a judgment rendered
against him by any Judge or justice
on the trial of such action or complaint
he shall, before the appeal shall be al
lowed, recognise in the sum of ont
hundred dollars, with two good ant
sufficient sureties, in every case so ap
pealed, to prosecute his appeal and Il
pay all costs, fines and penalties tha
may be awarded against him, upol
the final disposition of such suit o
complaint. And before his appea
shall be allowed, he shall also, in eve
ry case, give a bond with TWO goo
and sufficient sureties, running to tn
: town or city where Il be- offence wa
committed, in the sum d two hundre
, dollars, that he viii not, during tn
} tendency of such appeal, violate an
, provisions of the act. And so recog
, nizance or bond shall be taken j
! cases arising under this act, except b
: the justice or judge before whom tn
: trial was had !; and the defendant sha
+ be held to advance the jury fees
$ every case of appeal in an action
debt and in the event of final COZ
$ viction before ajury the defendant sha
n pay and suffer double the amount
t fines, penalties and imprisonmel
0 awarded against him by the justice {
t judgeIrom whose judgment the appe
9 was made. The forfeiture of all bono
i and drecognizances given in pursuanC
= of this act, shall go 10 the town
! city where the offence was committe
for the use of the poor; and if Il
+ recognizances and bonds mentioned
e this section shall not be given, with
h twenty-four hours afterthe iudgmen
d the appeal shall not he allowed, Il
9 defendant in tho mean time to star
e committed.
n SEC, 7. The mayor and alderme
Q of any city, and = electmen of an
town, whene NJ shall
f, made to ii ach of Il
y conditions b by ar
't person ap Dis act, HI
IF been conn notify the pc
r son complains and if upon
n hearing of the parties it shall a
4, p, ar that any breach has been cor
le mitted, they shall revoke and NAL
n void his appointment. And whe
is ever q breach of any bond give
L to the inhabitants of any city or TOW
ie in pursuance of any of the provisio
!, Of this act, shall be made known
le the mayor and aldermen, or seleC
!. men, or shall in any manner come
IS their knowledge, they or some one
x them shall, at the expense and for Il
Al use of said city or town, cause Il
y bond to be pus in suit in any cou
dI proper to try the same.