Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1853-09-29

suit, by endorsing his name on the writ. the
defendant shall in no event recover nny Z
,osls; and in all actions Of debt arising un. I
Ter this section, the fines and lorreilures
suffered BY the defendant. shall be The same
rs if The actions had been by complaint.
And it shall be the duty Of the mayor or al.
dermen Of any city, and the seleclmen of
any town, 10 commence an action in behalf
Of SAID town or city, against any person
gully OF The violation Of any Of The provs-
ions OF this act. on being informed of The
same, and being furnished with the proof Of
the fact.
lAppeals, hoV alloued.)
Noto.-So much of this section as is print.
ed in Italics has been repealed
Sec. 6. IL any person shall claim an up.
peal from a judgment rendered against him
by any judge or. justice, on The trial of such
action or complaint, he shall before his ap.
peal be allowed, recognize in the sum of
one hundred dollars, with Two good and suf.
hcienl surehes, in every case so appealed 10
prosecute his appeal and 10 pay al, costs,
lines and penalties that may be awarded
against him, upon final disposition of such
SUN Or complaint. And before his appeal
shaE be allowed, he shall also, in every
case, give bond with two good and suffi-
clent SureIles, running TO the town or city
where The offence was commiled, in The
sum of w hundred dollars, that he will not
during the pendency of such appeal, violate
any provisions of this act. And no recog.
nizance or bond shall be taken in cases
aVi'sing under this acI, except by The Jusnco
or Judge before whom The trial was had; and
the deiendan. shall be held 10 advance The
jury fees in every case Of appeal in an &C.
tion Of debit and in tie event of a final CON.
viction before a jury, the defendant shall ssy:-
fer and pay double The amount Of fines, PEN
alties and Imprisonment awarded against him
By the justice or judge from achoSe judgment
the appeal was made. The forfeiture for all
bonds ard recognizances given in pursuance
Of This act, shall go 10 the town or city where
The offence was commilled, for The use Of
The poor; and if The recognizances and bonds
mentioned in this section shall not be given
within twenty -four hours after the Judgment,
the appeal shall not I've allowed, lhe defend
AMI in the mean lime 10 stand comniued.
(PRosEcUTIoN OF FORFEITED BoNDs-DUTY
OF MAYOR, &c.
Sec. 7. The mayor and aldermen Of any
city, and lhe seleclmen of any town, when
ever complaint shall be made 10 them that
I breach Of the conditions OF The bond given
by any person appointed under this act, has
been commiued shall notify the person COM
, planned Of, and if upon hearing OF the par.
= lies, il shall appear that any breach has been
/, commiued, they shall revoke and make void
e his appointment. And whenever breach
e Of any bond given TO the inhabitants of any
d city nr town in pursuance ol any Of the pro.
o visions of this dcl shall bo made known 10
n the mayor and aldermen, or spl!cimen, or
u shall in any manner come 10 their knowl-
II edge, they, or some of Them shall, al the
: expense and for the use Of sad city or town,
y cause the bond 10 be put in suit, in any
J. court proper 10 Try the same.
e PENALTY FOR MANUFACTURING OR BEING A
COMMON SELLER.
l. Sec. 9. No person shall be allowed to be
Il a manufacturer Of any spiriluous or intoxi.
l. eating liquor, or common seller thereof,
" without being duly appointed as aforesaid,
al on the pain Of (orleiling on the first convic.
r. lion, the sum Of one hundred dollars and
m costs Of prosecution. and in default Of the
I'd payment thereof, the person so convicted
% shall be imprisoned sixty days in the CON-
Of mon jail; and on second conviction, the per-
S: son so convicted shall pay the sum Of Two
hundred dollars and costs Of prosecution.
T. and in deau, Of payments, shall be mprs
re uned four months in The common Jail I; and
b. on The third and every subsequent convic-
ne lion, shall pay The sum Of two hundred dol
ed lars, and shall be imprisoned four months in
nj the common jul Of The county where the
RS offence was commiued said penalties TO be
Is. recovered before any court OF compelen
- jurisdiction, by indictment. or by action o.
debt in the name Of the city or ,own wher
h, The offence shall be committed And when
as ever a default shall be had of any recog
n, nizance, arising under this act, scire .facia'
nd shall be issued, returnable al the next term
ng and the same shall not be continued, unless
r. for good cause satisfactory TO the court.
Of RESPECTING JURYMBN AND WHO SHALL Bl
I'M DISQUALIFIED.
Sec. 9. No person engaged in The unlaw
els lul traffic in intoxicating liquors, shall b
ng competent TO sill upon any jury, in any cas-
ID, arising under this acl; and when Information
re, shall be communicated TO the court, th0
by any member OF any pannel is engaged i
his such traffic, or IS believed 10 be engaged i
in such traffic, the court shall inquire OF tn
iuryman OF whom such belief is entertained
+ks and mo answer which he shall make sha
be used against him, in any case arisin
rk, under this uct but If he shell answer falsel
nv he shall be incapable of serving on any jur
nv in the State; bu, he may decline 10 answer
no, in which case he shall be discharged BY IN
he court from oil further attendance as lur.
on, man.
md APPEALS TO HAVE PECEDENcE IN SUPREN
lid: Courts NoLLE PRosEoUI NOT ALLowE
en-. . Sec. 10 All cases arising under this ac
,all whether by action, indictment, or complain
on which shall come before a superior cour
on, either by appeal or original entry, shall tai
OK precedence in said court of all other bushes
The except those of criminal cases IN which Il
his, parties are actually under arrest, awaiting
/ of trial; and the court and prosecuting offic
bed shall not have authority to enter mol
on. prosequi, or to grant continuance in al
! TO case arising under this act; neither before
sed after verdict, except where the purposes
ned Justice shall require it. M
al 4 n