Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-09-01

TINS act, on being informed OF the same,
and being furnished with proof of the
fact.
Sec. s. II any person shall claim an
appeal from ajudgmentrendered against
him by any judge or justice on the trial
of such action or complaint, he shall, be-
fore an appeal shall be allowed, recog-
nize in the sum of one hundred dollars,
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, upon final disposition of such suit
or complaint. And before his appeal
shall be allowed, he shall also, in every
case, give bond with two other good
and sufficient sureties, running to the
town or city where the offence was COM
mitted, in the sum of $500, that he will
not, during the tendency of such appeal,
violate any of the provisions of this act.
And no recognizance or bond shall be
taken in cases arising under this act,
except by the justice or judge before
whom the trial was had; and the defen-
dant shall be held to advance the jury
fees in every case of appeal in an action
of debt; and in the event of final con-
viction before jury, the defendant shall
pay and suffer double the amount of
fines, penalties and Imprisonment awar-
ded against him by the justice or Judge
from whose judgment the appeal was
made. The forfeiture for all bonds and
recognizances given in pursuance of this
act, shall 60 to the town or city where
the offence was committed, for the use
of the poor; and if the recognizance and
bonds mentioned in this section shall not
be given within twenty-four 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 breach of the conditions of
the bond given by any person appointed
under this act, has been committed, shall
notify the person complained of, and if
upon hearing of the parties it shall ap-
pear that any breach has been commit
ted, they shall revoke and make void
his appointment. And whenever a
breach of any bond given to the inhabi
tants of any city or town, in pursuance
of any of the provisions of this act, shall
be made known to the mayor and alder
men, or selectmen, or shall in any man
ner come to their knowledge, they, or
some one of them shall, at the expense
and for the use of said city or town,
cause the bond to be put in suit in any
court proper to try the same.
Sec. 8. No person shall be allowed to
be manufacturer of any spirituous or
intoxicating liquor, or common seller
thereof, without 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
the default of the payment thereof, the
person so convicted snail be imprisoned
sixty days in the common jail; and on
the second conviction, the person so con-
victed shall pay the sum of two hundred
dollars and costs of prosecution, and in
default of payment, shall be imprisoned
four months in the common jail; and on
the third and every subsequent convic-
ton, shall pay the sum of two hundred
dollars and shall be imprisoned four
months in the common Jail of the county
where the offence was committed; said
penalties to be recovered before any
court of competent jurisdiction, by in
dictment, or by action of debt in the
name of the city or town where the Of
fence shall be committed. And when
ever default shall be had of any recog-
nizance arising under this act, scire fa-
cias shall be issued, returnable at the
next term, and the same shall not be
continued, unless for good cause salts
factory to the court.
Sec. 9. No person engaged in the un-
lawful traffic in intoxicating liquors shall
be competent to sit upon any jury in any
case arising from this act; and when in
formation shall be communicated to the
court, that any member of any panel is
engaged in such traffic, or that he is be-
heved to be SO engaged, the court shall
require of the juryman of whom such be-
lief is entertained; and no answer which
he shall make shall be used against him
in any case arising under this act; but if
he shall answer falsely, he shall be inca
pable of serving on any jury in this
State, but he may decline to answer, in
which case he shall be discharged by the
court from all further attendance as iu-
ryman.
Sec. 10. All cases arising under this
act, whether by action, indictment, or
complaint, which shall come before su-
perior court, either by appeal or original
entry, shall take precedence in said court
of all other business, except those crimi-
nal cases in which the parties are actu-
ally under arrest awaiting trial; and
the court and the prosecuting officer
shall not have authority to enter nolle
prosequi, 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.
[Sections II, 12, IS, IA and is have
been repealed by the subsequent Amen
datory Law.
Sec. 16. An payments or compensa-
fions for f:ouor cold IN 1,;olat;o,, &c L.