The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, 1852-02-11

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trial was had; and the defendant shall be
held to advance the jury fees in every case
of appeal in an action of debt; and in the
event of final conviction before jury, the
defendant shall pay and suffer double the
amount of fines, penalties and imprisonment
awarded against him by the justice or judge
from whom the appeal was made. The for
feiture for all bonds and recognances given
lin pursuance Of this Act, shall go to the town
or city where the offence was committed
for the use of the poor; and if the recog-
nances and bonds mentioned in this section
shall not be given, within twentyfour hours
after the judgement, the appeal shall not be
allowed; the defendant in the meantime to
stand committed
Sec. 7. The Mayor and Aldermen of any
/, city, and the Selectmen of any town, when
lever complaint shall be made to them that a
breach of the conditions Of the bond given
!, by any person appointed under this Act, has
been committed, shall notify the person com
, planned of, and ifupon hearing of the par
ties it shall appear that a breach has been
committed. they shall revoke and make void
his appointment. And whenever breach
of any bond given TO the inhabitants Of any
city or town in pursuance of any of the pro-
visions of this Act, shall be made known to
the Mayor and Aldermen, or Selectmeu, or
shall in any manner come to their knowledge
they, or some one of them shall, at the ex-
pense and for the use of said city or town,
cause he bond to be put in suitin any court
proper to try the same.
SEC. g. No person shall be allowed to be
, manufacturer of any spirituous or intoxica-
ting liquor, or common seller thereof, with
out being duly appointed as aforesaid; on
, pain of forfeiting on the first conviction, the
, sum of one hundred dollars and costs OF
prosecution, and in default Of the payment
thereof, the person so convicted shall be i'm
prisoned sixty days in the common Jail; and
, on the second conviction, the person so con-
ricted shall pay the sum of two hundred dol
= lars and the cost of prosecution, and in de-
: fault 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 imprisoned four months in the common
Jail, in the county where the offence was
committed; said penalties to be recovered
s before any court of competent jurisdiction,
\ by indictment or by action of debt in the
= name of the city or town where the offence
: shall be committed. And whenever de-
/ fault shall be had ofany rccognance arising
Y under this Act, Scire Jdcias shall be issued
: returnable at the next term, and the same
shall not be continued, unless for good cause
. satisfactory to the court.
Y SEC. 8. Nopcrson engaged in the unlaw,
. ful traffic in intoxicating liquors shall be
$ competent to sit on any jury in any case
arising under this Act; and when informa.
ton shall be communicated TO the court, that
any member of any paneli is engaged insuch
traffic, or that he is believed to be so engag-
ed, the court shall inquire of the juryman
of whom such belief is entertained; and no
f answer which he shall make shall be used
against him in any case arising in this Act
: butif he shall answer falsely, he shall be in
capable of serving on any jury in this State
, but he emay decline to answer, in WHICH case
, he shall be discharged by the court from all
| further attendance as a juryman.
SEC. 10. All cases arising under this Act,
: whether by action, indictment or complaint,
Q which shall come before superior court,
| either by appeal or original entry, shall take
$ precedence in said court of all other business
f except those criminal cases in which the
i parties are actually under arrest awaiting a
trial; and the court and prosecuting officer
, shall not have authority to enter aol!t
proSeQai, or to grant continuance in any
} case arising under this Act, either before Or
$ after the verdict, except where the purposes
!, of justice shall require it,
: SEC. II. If any three persons, voters in
? the town or city where the complaint shall
= be made, shall before any justice Of the
, peace or judge Of any municipal or police
: court, make complaint under oath or aflir-
nation, that they have reason to believe, and
do believe that spirituous or intoxicating H.
3, quors are kept or deposited and intended for
: sale, by any person not authorized to sell
the same in said city or town under the pro
visions of this Act, in any store, shop, work
| house or other building or place in said CITY
!, or town, said justice or Judge shall issue his
warrant of search to any sheriff, city mar
: shal or deputy, or to any constable, who shall
proceed to search the premises described in
, said warrant, and if any spirituous or intox-
, icating liquors are found therein, he shall
t seize the same, and convey them to some
proper place Of security where he shall keep
{ them until final action is had thereon. But
, no dwelling house in which, or in part of
: which shop is not kept, shall be searched,
=, unless at least one of said complainants shall
| testify to some act Of sale of intoxicating L.
quors therein by the occupant thereof, OF
by his consent or permission, within at least
| one month of the time of making said com
, plant. And the owner or keeper of said Ii.
4 quors seized as aforesaid, il he shall be known
to the officer seizing the same shall be sum
r moned forthwith before the justice oriudgeb by
i whose warrant the liquo were seized, and i
{ he fails to appear, or unless he can show by
| positive proof, that said liquors are of foreign
production, that they have been imported
: under the laws of the United States, and ii
: accordance therewith- they are contain
f led in the original packages in which they
9 were imported, and in quantities no less thar
e the laws of the United States prescribe, the,
| shall be declared, forfeited, and shall be de
stroyed, by authority of the written order t.
that effect, Of said justice or Judge and in hi.
tpresenee, or in the presence of some person
. aiappointed by him to witness the destruction
$ thereof, und who shall join with the office
: Iby whom they shall have been destroyed, il
4 laltesting that fact upon the back of the or
n der by authority Of which u was done; ant
q the oWncror keeper Of fsuch liquors shall pa,
Q a fine oftwentyidollars and Icosts, or stant
n ncommitted for thirty days, in default of pay
IS ment, fin the opinion pf, The court said Ii