The Ohio organ, of the temperance reform. (Cincinnati, [Ohio]) 1853-1854, 1853-10-07

SO. 8, If any person shall claim an APP
peal iron iudenent rendered against
him by my Judge 81 Justice. On the trial Of
such action q complaint, De shall before
the appeal shall bs allowed recognise 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 al costs, fines and penalties that may
h Be awarded against him, upon hnal dis.
pOsitionsof such sui or complaint. And
before bis appeal shah be allowed, he shall
also, In every case, give bond with two
good and sufficient sureties, running to the
town OF city where the olfsnse was com
mitied, In the sum Of two hundred dollars,
that he wiz not, during the pendency Of
such appeal, violate any provisions Of this
act And no recognizance or bond shall be
taken IN cases arising under this act, except
/ by the Justice OK Judge before whom the
trial was had: and the defendant shall be
held to advance the ipry fees ID every ease
Of appeal in an action Of debt: and ii the
event Of final conviction before Jury, the
defendant shall suffer and pay double the
amount of fines, penalties and imprisonment
awarded against him By the Justice or Judge
from whose Judgment the appeal was made
The forfeiture for al bon6s aud reeogni.
Eances given In pursuance Of this act, shall
20 to the town Tor city where the ofense
was committed, for the use Of the poor; and
II the reconiEances and bonds mentioned
in this section shall not be given, within
twenty four hours alter the Judgment, the
appeal shall not be allowed, the defendant
in the mean time to stand committed.
SEC. I. The mayor and aldermen Of any
city, and the selectmen Of any town, when
ever complaint shall be made to them that
a 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 appear that any breach has |
been committed, they shall revoke and make |
void his appointment. And whenever
breach of any bond given to the inhabitants
Of any city or town in pursuance of any
of the provisions OF this act shall be
made known to the mayor and aldermen,
or selectmen, or shall in any manner come
to their knowledge, they, or some Of them
shall, at the expense and for the use Of said
city or towu, cause the bond to be put in
suit, in any court proper to try the same.
SEC. s. No person shall be allowed to be
manufacturer of any sphituous or intoxi-
eating liquor, or a common seller thereof,
without being duly appointed as aforesaid,
on pain Of forfeiting on the first conviction,
the sum of one hundred dollars and the
! costs OF prosecution, and in default of the
payment thereof, the person so convicted
shall be Imprisoned sixty days in the com
mon iail; and on second conviction, the
person 50 convicted shall psy the sum Of
two hundred dollars and costs of prosecu-
ton, and in default Of payments, shall be
imprisoned four months in the common
jail; and on the third and every subsequent
conviction, shall pay the sum Of two hun
dred dollars, and shall be imprisoned four
months in the common Jail Of the county
where the ofenseIwas committed; said PEN
alties to be recovered before any court of
competent Jurisdiction, by indictment, or
by action of debt in the name Of the citv or
town where the ofense shall be committed.
And whenever default shall be had of any
recognlzance, arising under this act, seire
taci0S shall be issued, returnable at the next
term, and the same shall not be continued. |
unless for good cause satisfactory TO the
court.
SEC. 9. No person engaged in the unlaw.
ful traffic in intoxicating liquors, shall be |
competent to sit upon any jury, in any case
arising under this act; and when informa- i
ton shall be communicated to the court.
that any member of any pannel is engaged
in such traffic, or that he is believed to be
the court shall inquire of the iury- H
man of whom such belief is entertained Il
and no answer which he shall make shall Il
be used against him, in any case arising
under this act; bat if he shall answer H
falsely, he shall be incapable Of serving on
any jury In the State; but he may decline
to answer, in which case be shall be dis
charged by the court from all further at
tendance as a juryman.
SEC. 10. All cases arising under this act.
whether by action, indictment, or complaint.
which shall come before superior court,
either BY appeal or original entry, shall take
precedence in said court Of all other bust
ness except those criminal cases in which
tne parties are actually under arrest await
ing trial; and the court and prosecuting
olICer shall not have authority 70 enter a
"OsIe p'osequt, or to grant continuance in II
e. sny case arising under this act, neither be-
,Ure U OF after the verdict, except where he
purposes OF justice shall require it. Il