Hannibal journal. (Hannibal, Mo.) 1852-1853, 1853-04-28
HANNIBAL MO- THURSDAY MORNING, APRIL. %, 1853


The condition Of this obligation is such, that
whereas the above hounden- has been du-
lly spponted agent for the town (or city, Of
-, to sell within, and for and on account of
said town Cor city,, intoxicating liquors for
medicinal or mecharical purposes and no other,
until the-day Of -, A. ID. -, unless
sooner removed from said agency.
Now if the said --- shall in all respects
conform to eprovisions Of the law relating TO
the business for which he is appointed, and to
such rules and regulations as now are or shall
be from time 10 lime established by the board
making the appointment, then this obligation to-
be void, otherwise to remain in fnll force.
! A. I,nny person, by himself, clerk, SER
want or agent shallo any time sell any spiriti-
Gus or Intoxicating liquors, or any mixed liquors
whatever, a part Of which is intoxicating, in
violation Of the provisions of this act he shall
forfeit and pay on the first conviction, ten dol \
lars and the costs of prosecution, and shall stand
committed until the same be paid; on the second
conviction he shall pay twenty dollars and the
costs of prosecution, and shall stand committed
until the same be paid; on the third and every
subsequent conviction, he shall pay twenty dol
lars and the costs of prosecutions and shall be
Imprisoned in the common Jail, no less than three
months nor more than six months, and in de-
fault of the payment Of the fines and costs pre-
scribed by this section, for the first and second
convictions, the convict shall not be entitled TO
the benefits Of chapter IT'S Of the revised stat
utes, until he shall have been imprisoned two
months; and in default of payment of fines and
costs provided for the third and every subse-
iquent conviction he shall not be entitled to the
benefit of said chapter l75 of the revised stat
utes, until he shall have been imprisoned four
months. And If any clerks servant agent or
other persons in the employment, or on the
premises Of another, shah violate the provisions
of this section, he shall be held equally guilty
with the principal, and on conviction shall suf-
fer the same penalty.
5. Any forfeiture or penalty arising un-
der the above section, may be recovered by an
action Of debt, or by ompIaint before any jus
tice of the peace, or Judge Of any municipal or
police court, in the county where the offence
was committed. And the forfeiture so recov-
cred shall 60 TO the town where the convicted
party resides, for the of the poor; and the
prosecutor or complainant may be admitted as
a witness in the trial And if any one Of the
selectmen or board of aldermen or mayor shall
approve of the commencement of any such suit
by endorsing his name upon the writ, the defend,
ant shall in no event recover any costs; and in
all actions of debt arising under this section the
iEcs ard frrrnitr,-es s,iffered bv the defendant
shall be the same as if the action had been by
compliant And it shall be the duty of the
mayor and aldermen of any city, and selectmen
of any town, TO commence an action in behalf of
said town or city, against any person guilty Of a
violation of any Of the provisions Of this act, on
being informed Of the same, and being furnished
with proof Of the fact. r
5 9. If any man shall claim an appeal from
a judgment rendered against him by any Judge
or justice, on the trial of such action or com
plant, he shall, before the appeal shall be al
lowed, recognize in the sum of one hundred
dollars, with two good and sufficient sureties,
in every case so appealed TO prosecute his ap-
peal and pay all costs, fines and penalties that
may be awarded against him, upon final dis
position Of such suit or complaint. And before
his appeal shall be allowed, he shall also, in ev-
cry case, give bond with two good and suf-
fcient sureties, running to the town or city
where the offence was committed, in the sum of
two hundred dollars, that he will not; during
the pendency of such appeal, violate any of
the provisions of this act. And no recogniz-
ance or bond shall be taken in cases arising un-
der this act, except by the justice or judge be-
fore whom the trial was had; and the defendant
shall be held to advance the jury fees in every
case of an appeal in an action of debt and in
the event of final conviction before Jury, the
defendant shall pay and suffer double the
amount of fines, penalties and imprisonments
awarded against him by the justice or Judge
from whose judgment the appeal was made
The forfeiture Of all bonds and recognizances
given in pursuance of this act, shall go 10 the
town, or city where the offence was committed
for the use Of the poor; and if the recognzan-
ces and bonds mentioned il this section shall
not be given, within twenty-four hours after
the judgment, the appeal shall not be allowed
and the defendant in the mean time to stand
committed.
7. The mayor and aldermen of any city
and the selectmen Of any town, whenever com
plaint shall be made to them that breach Of The
conditions of the bond given by any person ap-
pointed under this act, has been committed
shall notify the person complained of, andif up
on hearing OF the parties II shall appear that amy
breach has been committed, they shall revoke
and make void his appointment. And when
ever breach OF any bond given to the inhabit'
ants Of any city or town in pursuance OF any oI
the provisions of this act shall be made known
to the mayor and aldermen, or selectmen, OF
shall in any manner come TO their knowledge
they or some one Of them shall, at the expense
and for the use Of such city or town, cause the
bond to be put in suit in any court proper to try
the same. .
8. No person shall be allowed 10 be 2
manufacturer Of any spirituous or intoxicating
liquor, or a common seller thereof, without be-
ing duly appointed as aforesaid, on pain Of FOR
.feiting on the first conviction, the sum of one
hundred dollars and the costs Of prosecution
, and in default Of the payment thereof, the per
son so convicted shall be imprisoned sixty day