The Literary echo, and Pawcatuck advertiser. [volume] (Westerly, R.I.) 1851-1854, 1852-05-20

cred on any prior complaint, and the
pendency of the former complaint may
be pleaded in bar of the second COM
plant.
SEC. 6. Any person convicted be-
fore justice of the peace, or a court
exercising the jurisdiction of justice of
the peace, of violation of any provi-
sion of the fourth section of this act, may
appeal from the sentence of the justice
or court, to the court Of common pleas,
next to be holden in the same county,
after ten days: but before the appeal
shall be allowed, he shall be required to
give rccognizance, in the sum of one
hundred dollars, with good and sufficient
sureties, in every case so appealed, con-
ditioned, that he will file his reasons of
appeal, together with copy of the whole
case of the court appealed to, ON Or be-
fore the second day of the next term
thereof, as aforesaid, that he will ap-
pear before said court, and there prose-
cute his appeal with effect, and abide
and perform the order or sentence of
said court, in said case, and pay all costs,
fines and penalties, that may be award
ed against him, upon final disposition
the, eof, which recognizance such justice
or court shall forthwith certify to said
court of common pleas: and before his
appeal shall be allowed, he shall also, in
every case, give bond with other good
and sufficient sureties running to the
town or city, where the offence was COM
mitted, in the sum of two hundred dol.
lars, that he will not, during the pend
ency of such appeal, violate any of the
provisions of this act; and shall also, at
the time of taking such appeal, pay to
said justice or court, before which he
shall have been convicted, all costs of his
prosecution and conviction, to be taxed
against him by such justice or court.
And no recognizance or bond shall be
taken in cases arising under this section,
except by the justice or court before
whom the trial was held: and if the re-
cognizanccs and bond mentioned in this
section shall not be given within twenty
four hours after the judgement, the ap-
peal shall not be allowed: the defendant
in the mean time to stand committed.
And in case the appellant shall be
again convicted before the court of COM
mon pleas, he shah pay double costs Of
the appellate court on his said appeal.
SEC. Z. The town council of any
town, and the mayor and aldermen of
any city, whenever complaint shall be
made to them that a breach of the con-
ditions of the bond given by any person
appointed under this act, has been COM
mitted, shall notify the person complain
ed of, and if upon hearing of the par
ties it shall appear that any breach has
been committed, they shall revoke and
make void his appointment; and when
ever breach of any bond given to the
inhabitants of any town or city, in per-
suance of any of the provisions of this
act, shall be made known to the town
council of any town, or mayor aud alder
men of any city, or shall in any manner
come to their knowledge, they or some
of them shall, at the expense and for the
use of said town or city, cause the bond
to be put in suit, in any court OF compo-
tant jurisdiction.
SEC. 8. No person shall be allowed
to be manufacturer of any spirituous
or intoxicating liquors, or to be com
mon seller thereof, without being duly
appointed as aforesaid, on pain of for
feiting on the first conviction, the sum
of one hundred dollars and costs of pro-
secution and conviction, and in default
of the payment thereof, the person so
convicted shall be imprisoned sixty days
in the county Jail of the same county in
which the offence was committed; and
on the second conviction, the person so
convicted shall forfeit and pay the sum
of two hundred dollars and costs Of pro-
secution and conviction, and in default
of payment, shall be imprisoned four
months in said county Jail and on the
third and every su' sequent conviction,
he shall forfeit and pay the sum of two
hundred dollars and costs of prosecution
and conviction, and shall be imprisoned
four months in said county iiail: said
penalties to be recovered before any
court Of competent jurisdiction, by in
dictment in the county where incurred,
one-half of said forfeiture to and tor the
use of the town or city in which the OF,
fence shall have been committed, ana
the other half thereof to and tor the use