The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1852-12-08

conviction tie dollgrs and costs of prose-
cution on the second convection he
shall forfeit and pay as aforesaid twenty
dollars and the costs of prosecution; and
on tie third conviction. hc shall forfeit
and pay as aforesaid twenty dollars and
costs. and be imprisoned in the county
Jail not less than three months, nor more
than six months
SEC. 6 Justices of the peace shall
have concurrent jurisdiction in their sew
eral counties with the county court, to
hear and determine all offences against
the above section. though inhabitants of
the town where offence is committed /;
and the same may be tried upon the
complaint of the grand juror of such
town. or of the states attorney, before
any justice, or upon the information of
the states attorney before the county
court for such county And sueh for
iciture may also oe recovered II, Ill ac-
tion OF aeut IN the name OF sucn Town
and 1t snail be the duty OF the selcctmch
OF such town to institute such action, on
beng informed OF any such offence and
furnished with evidence thereot
SEC. Z. NO person Snail be allowed
an appeal from the Judgment rendered
against him by any justice on tne trial
OF such action or complaint until he re-
cognize with good and sufficient suretles,
IN the sIm OF not less than one hundred
dollars, TO prosecute MS appear 10 enect'
and to pay all costs hnes and foricitures,
and undergo all penalties that may be
awarded against hlm upon the maj DIS
position oi such acton or compiaihtii nor
until ne give Dond with other gooo ana
sufficient suretIes to the town or city
where such ohcncc was committed; IN
the sum OF two hundred dollars. c"ndi'
toned that he VIII not, during the pen
dency OF such appeal, violate any oil the
provisions ot this act.
Sec. 5 Whenever complaint shall
be made TO the commissioner of any
county, that any agent. appointed by him
or his predecessor under this act, has
violated the terms of lis license, or has
broken the condition of his bond. he shall
notify him thereof and if. on hearing it
shall appear that such terms have been
violated or that such condition has been
broken. he shall revoke and make void
his appointment. And whenever any
breach of the condition of such bond
shall come to the knowledge of such
commissioner. he shall cause the game to
be prosecuted.
SEC. Q. No person shall be a manu-.
facturer or common seller of iutoxcat-
ing liquor within this state, without be-
ing appointed agent as herein before pro-
vidcd and every person convicted there
of the first time shall forfeit and pay the
the sum ofone hundred dollars and costs
of prosecution the second. and every
subsequent time, two hundred dollars
and on being convicted thereof the third.
or any subsequent time. he shall be i'm.
prisoned in the county. Jail not less than
four nor more than twelve months such
forfeiture and payment to be recovered,
and such penalty to be inflicted, upon
complaint, information or indictment ;
but if not so prosecuted within one year
after the offence is committed. such for
feiturc and payment may be recovered
by an action of debt, in the name and
for the benefit of the town or city where
the offence was committed and it shall
be the duty of the sclectmen Of such
town. or the mayor or aldermen of any
petty. to commence such action upon be.
ing informed of any such offence and
furnished with the evidence thereof =
Pyoridcd. that nothing in this act con-
iaincd shall be construed to prevent the
manufacture and sale of cider in guam
titles of not less than five gallons for
medicinal. chemical, mechanical and cul.
mary purposes onlv.nor the manufacture.
bv any one for his own consumption and
use of any fermcnted liquor.
Src. 10. No person engaged in un-
lawful traffic in Intoxicating liquor shall
be competent to sit upon any juryin any
case arising under this act and when
information shall be communicated to
the court that any member cmpannelled
upon snch Jury is believed to be engaged
in such traffic, the court shall inquire of
him as to the truth thereof and no an
swer that he shall make shall be used a
rainst him in any case arising under this
act but he may decline to answer, and
in that case he shall be discharged from
such panel; and if he answer falsely. he
shall be incapable of serving upon any
iury thereafter Provided. that no yer,
dict against anv respondent in such a
case shall be vitiated or impeached, in
consequence Of such a person having
been upon the Jury by which it was rem.
dered
SEC. #. All cases arising under