The Literary echo, and Pawcatuck advertiser. [volume] (Westerly, R.I.) 1851-1854, 1853-03-10

In full force.
Sec 4. If any person shall at any
time, sell, or suffer to be sold by any
person, any ale, wine, rum or other
strong or malt liquors, or any mixed
liquors, as aforesaid, in violation of the
provisions of this act, he shall be sem
fenced on the first conviction, to pay the
sun of twenty dollars and all costs of
prosecution aud conviction, and to be
imprisoned in the county jail for ten
days, and on the second conviction he
shall be sentenced to pay the sum OF
twenty dollars aud all costs of prosccu-
ton and conviction, and be imprisoned
in the county Jail three calendar months
and on the third and every subsequent
conviction he shall be sentenced to pay
the sum Of twenty dollars and all costs
of prosecution and conviction, and be i'm
prisoned in the county Jail not less than
three nor more than six calendar months;
and In each case to stand committed
until sentence be performed in all its
parts. And if any person shall keep OF
saher to be kept on his premises or pos
sessions, or under bis charge, for the
purposes Of sale, in violation of the pro.
visions of this act, any ale, wine, rum,
or other strong or malt liquors or any
mixed liquors as aforesaid, he shall on
conviction thereof be sentenced to pay
the sum of twenty dollars and all costs
of prosecution and conviction, or be i'm
prisoned in the county jail for thirty
days. And all such liquors so kept by
any person for the purposes of sale in
violation of the provisions of this act,
shall be liable to be seized together with
the casks or other vessels containing
them, and adjudged forfeited, upon GEM
plant made, and trial had, as herein
after provided.
Sec. 5. All prosecutions for offences,
under the fourth section of this act, shall
be by complaint and warrant in the name
of the State, before any justice of the
peace, or any court exercising the juris-
dietion of a justice of the peace, in the
town where the offence was committed /:
one-half of said fine to and for the use
Of the complainant, aud the other half
thereof to and for the use of the State !;
and the prosecutor and complainant by
waving in favor of the State his portion
Of the fine, may be admitted as wit
ness in the trial ; and no judgment rem
dered upon a subsequent complaint for
the same offence shall be bar, or pre-
vent judgment upon the merits being
rendered on any prior complaint, and
the pendency Of the former complaint
may be pleaded in bar Of the second
Sec. 6. Any prison convicted before
a justice of the peace, or a court exer-
cising the jurisdiction of justice Of the
peace Of any offence under 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
day provided such appeal be prayed at
the time of passing sentence and upon
such prayer the appellant shall be re-
quired to give recognizance, in the sum of
one hundred dollars, with good and suf-
fcient sureties, in every case SO appeal
ed, conditioned that he will file his rea-
sons of appeal, together with a copy Of
the whole case in the court appealed to,
on or before the second day Of the term
thereof, as aforesaid, tbat~he will appear
before said court, and there prosecute
his appeal with effect, and abide or per-
form the order or sentence of said court,
in said case, and that he will not,
during the peudency of such appeal
violate any of the provisions of this act
which recognizance such justice or
court shall forthwith certify to said
Court of Common Pleas; and upon the
neglect of said appellant, to give such
recognizance, he shall forthwith be COM
mitted to Jail in the same county, there
to remain until he give such recognizaa ce
or be discharged by order Of law. And
the said appeal shall be in said Court of
Common Pleas heard and tried, and the
judgment or sentence therein shall be
final.
Sec.7. The town council Of any town,
whenever complaint shall be made them
in writing, that a breach of the conditions
of the bond given by any agent appoint
ed by them has been committed, shall
notify the person complained Of, and if
upon hearing of the parties it shall
appear that any breach has been COM
mitted, they shall revoke and make void
his appointment; and the town treasurer
shall, At the expense and for the use of