Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-08-16

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action in behalf Of said town or city
against any person guilty Of n violation
oi any Of the provisions Of this oct, on
boing informed Of the same, and being
furnished with the proof ofthe fact.
Sec. q lr any person shall claim an
appeal from judgment rendered against
him BY any judge or justice, on the trial
OF such action or complaint, no shall
before the appeal shall be allowed, rec.
ognisc in the sum ofone hundred dollars,
with two good and sufficient surclics, IN
every case SO appealed, to prosecute his
appeal and pay all costs, fines and pen.
al'es that may be awarded against him,
upon the final disposition oI such suit or
complaint.
And before his appeal shall be allow.
cd, he shall also, in every case, give
bond with two sool and sufficient sure.
tics, running to tho town or city, where
the offence was committed, in the sum OF
two bundled dollars, that he will not du.
ring the pcpdcncy Of such appeal, violate
any provisions of .his act. And no re.
cognizance or bond shall he taken in
c oses arising under this act, except by
the justice or judge before whom the tri.
al was had; and the defendant shall be
held to advance the jury fees il every
case of appeal in action Of debt, and in
the event Of n final conviction before q
jury the defendant shall suffer AMI pay
double the amount cf fines, penalties and
Imprisonment AWARDED against him Iy
the justice or JUICE from whose judg.
mcnt the appeal was made. The for.
lciture for all bonds and rccognizanccs
given in pursuance o. this act, shall 60
TO the town or city where the offence was
committed, for the use of the poor; and
if the rccognizances and bonds mention.
ell in this section shall not be given,
within twen,y.lour hours after the judg.
ment, the appeal shall not be allowcl, 3,
tile defendant in the mean time TO stand
committed.
Sec. The mayor and aldermen of n.
ny city, and the sclcctmen of any town,
whenever any complaints shall be made
TO them that n breach of conditions OF
the bond given by any person appointed
under This act, has been committed, sha II
notify the person complained Of and il
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 10 the inhabitants of
any city or town in pursuance Of any OF
the provisions of this act, sEall be made
known to the mayor or alderman, or Sc.
lcctmcli, 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 town, cause the bond 10 be
pu, in suit in any court proper to try the
4amc.
Sec. 8 No person shall be allowed to
he manufacturer Of any spri,uous H.
quor, or common seller thereof, without
being Gully appointed as aforesaid, on
pain of forieiting on the frs, conviction,
The sum of one hundred dollars and the
costs orpro, cculion, and in default oflhe
payment thereof, the person so convicted
shall de imprisoned sixty days in the
cannon Jail; AMI on second conviction.
the person so convicted shall pay the
sum of two hundred dollars aud costs of
prosecution, and in default of payments
shall be imprisoned four months in the
common Jail; anil on the third an every
subsequent conviction shall pay the sum
'or two hundred dollars, and shall be i'm.
prisoncd four months in the common Jail
of the county where the offence was com.
mitlei; said penalties TO be recovered be-.
fore sny court Of competent jurisdiction,
by inGictucnl or by action of debt in the
name of the city or town where the Of
fence shall be committed. Anl when.
ever default shall be had of any re.
cognizance, arising unlcr this act, scirc
iacias shall be issuc,l, returnablc at the
next :crm, and tho same shall not be
continued, unless for good cause satislac.
tory to the couIt.
Sec. o No person engaged in the un-
lawful traffic in intoxicating liquors
shall be competent to 81, upon any
jury, in any case arising under this act;
and when information shall be commu.
ncatcI 10 the court, that any member o
any pannel is engaged in such traffic, OIL
that he is believed to be engaged, the
court shall enquire Of the juryman o.
whom such belief is ENTERTAINERS; and nc
answer which he shall make shall be
used asains, him in any case arising un'
der this act; but rhe shall answer false
ly, he shall be incapable of serving or
any jury in the state; but he may decline
to answer, in which case he shall be dis
charged by the court from all further at
tendance as juryman. ..
Sec. 10. All cases arising unlcl this
act, whether by action, Indictment, o
: complaint, which shall come before
supreme court, either by appeal or ori
4 ginal entry, shall take precedence il
said court of all other business, cxrep
those criminal cases in which the par
ties are actually under arrest, awaiting
trial; and the court and prosecuting
officer shall not have authority to cnte
nolle proscqui, or to grant continu
ance in any case arising under this act
neither before or after the verdict cxcep
werc the purposes of justice shall re
quire it. a-..' n. sf. =.
Sec. n. lf,lrce persons, voters in IN
town or city where the complaint sinai