The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1852-05-18
shall be held equally with the princi.
pal, and on conviction shall suffer the

| sdtne Peiaity.
SEC. S. 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 forfeiture 80 recovered shall 20
to the town where the convicted par.
ty resides, for the use of the poor;
and the prosecutor or complainant
may be admitted as witness in the
trial. And if any one of the select.
men or board of 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 I;
and i'll all actions of debt arising un.
der this section, the fines and forfeit.
ures suffered by the defendant, shall
bo the defendant, shall be the same
as if the action had been by com.
plant. Aud it shall be the duty Of
the mayor and aldermen of any city,
and selectmcn Of any town, to com.
mcncc an action in behalf of said
town or city, against any person
guilty of violation Of any of the
provisions of this act, OH being in
formed of the same, and being fur
nished with proof OF the fact.
SEC. 6. If any person shall claim
an appeal from ajudgment rendered
against him by any judge or justice,
on the trial Of such action or com.
plant, he shall, before the appeal
shall be allowed, recognise in the
sum Of one hundred doliars, with two
good and sufficient sureties, in every
case so appealed, to prosecute his
appeal, and to pay all costs, fines and
penalties that may be awarded
against him, n.non final disposition
OF su ;3ar complaint. And be-
s:sare rpeal shall be allowed, he
shall also, in every case, give "a bond
with two other good and sufficient
surctics, running to the town or city
where the offence was committed, in
the sum of two hundred dollars, that
he will not, during the pendency of
such appeal, violate any of the pro.
visions Of this act. And no recog-
nizance or bond shall be taken in
cases arising under this act, except
by justice or judge before whom tile
trial was had; and the defendant shall
be held to advance the jury fees in
every case Of appeal in action of
debt; and i'll the event Of a final
conviction before a jury, the defeu.
dant shall pay and suffer double the
amount Of fines, penalties and iul-
prisonment awarded against him by
the justice orjudse from whose judg-
ment the appeal was made. The
forfeiture for all bonds and reconni.
zances. given in 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 re.
cogizanccs and bonds mentioned in
this section shall not be given within
twenty-tour hours after the judgment,
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, whenever complaint shall
be made to them that a breach Of the
conditions Of the bond gincn by any
person appointed under this act, has
been committed. shall notify the per.
son complained, and if upon hear
ing Of the parties it shall appear that
any breach has been committed, they
shall revoke and make void his ap.
pointmcn.. And whenever breach
of any bond given to the inhabitants
OF any city or town in pursuance OF
cny Of the provisions of this act,
shall be made known to the mayor
and aldermen, or sclectmen, or shall
i'll any manner come to their knowl.
edge, they or some of them shall, at
the expense and for the use of such
city or town, cause the bond to be
put in suit in any court proper to try
the same.
SEC. 8. No porson shall be allow.
ed to be a manufacturer of any spir.
ituous or intoxicating liquor, or com
mon seller thereof without being duly
appointed as aforesaid, on pain Of
torfeiting on the first conviction, the
sum of one hundred dollars and costs
OF prosecution, and in default of the
payment thereof, the person so con
vlcted shall be imprisoned sixty days
in the common Jail; and on the Sc
cond conviction, the person so con
yictcd shall pay the sum of two hun
dred dollar and costs of prosecution
and in default of payment, shall be
! imprisoned four months in the com