Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1853-10-06


under The above section, may be recovered
BY an aclion Of debt. or BY complains before
any Justice Of the Peace or judge Of any
municipsl or police court, in ahe county
where the offence was commiued. And the
forfeiture so recovered shall 20 to the town
where the convicted party resides, Tor the
use Of the poor and the prosecutor or COM
plainant may be admitted asa witness in
the trial. And II any one Of the seec,men
or board, or mayor and aldermen shall ap.
prove Of tho commencement of any such
suit, by endorsing his name on the writ, the
defendant shall In no event recover any
costs; and in oil actions Of debt arising un'
der this section, the fines and forleiiures
suffered by The defendant. shall be the same
as If theac,ons had bsen by complaint!
And itshall be. The dniyinfihe mnyors or al;
dermen Of any city, and The selec'men ol
any town, TO commence an action in behalf
OF said town or city, against any person
guilty Of the violation of any Of The provis-
ions of this ncl. on being informed Of the
same, and being furnished with the proof Of
the fact.
%. (Appeals, hosc aVosced.)
TNote.-So much Of this section as is print
ed in Italics has been repealed ] f
Sec. 6. If any person shall claim an aP'
peal from 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 ol
one hundred dollars, with TWO good and sui
fcien, sure,ies, in every case so appealed to
prosecute his appeal and 10 pay al; costs,
fines and penalties that may be awarded
aga:ns, him, upon final disposition Of such
sui. or complaint. And before bis appeal
shall be allowed, he shall also, in every
case, give bond with two good and suffi-
cient sureiies, running TO the town or city
where the offence was commiued, in the
sum Of ~ o hundred dollars, that he will MOI
during the pendency Of such appeal, violate
any provisions Of this act. And no recog'
nizance or bond shall be taken in cases
arising under this aci, except by the justice
or Judge before whom The trial was had; and
the defendant shall be held 10 advance The
Jury fees 10 every case Of appeal in an nc
lion of debt; and in the event Of a.faql con
viiction before a jury, the defendant shall suf'
fer and pay double The amount Of fines, pen
alties and imprisonnaem awarded against h'n
by the justice or Judge from actose judgnaen'
the appeal auas made. The forfeiture for al
bonds ard recognizances given in pursuance
Of this act, shall 60 to the town or city where
the offence was coinmit,ed. for the use o
The poor; and if The recognizances and bond'
mentioned in this section shall not be giver
within twenty -four hours after The judgment
The appeal shall moi he allowed. the defend
an, in the mean lime TO stand 'commi1red.
|(PRosEcUTIoN OF .FoRFEITEp BoNDs-DUrH
ls7 a. .o1Ha-. OF, MAYOR, &C. A,.-i 5AS 1T
+ Sec. 2. The mayor and aldermen Of any
city, and she selecimen Of any town, when
ever complaint shall be made 20 them that
breach of the conditions Of The bond giver
Iby any person appointed under this act, ha'
been commi,ed, shall notify person com
planned of, and il upon hearing OF the par
lies, it shall appear lha. any breach has beeI
commiued, they shall revoke and make volt
his appointment. And whenever breacl
Of any bond given TO the inhabitants OF an.
city on town in pursuance Of any Of the pro
visions of this act, shall be made known 4
the mayor and aldermen, or selectmen, o
shall in any munner come 10 their knowl
edge. ihey, or some Of them shall, al tn
expense and for The use Of said clly or town
cause the bond 10 be put in suii, in an!
court proper TO try the same. -,
PENALTY FOR MANUFACTURING on BEING
= '@+ COMMON SELLER. 1@ s
Sec. 8. No person shall be allowed 10 b
manufacturer Of any spiriluous or insoxl
eating liquor, or common seller thereof
without being duly appointed as Aforesaid
on ths pain Of forfeiling on the frs. convic
lion, The sum Of one hundred dollars an
COSTS Of prosecution. and in default Of N
payment thereof, the person SO conylcIe
shall be Imprisoned sky days in the CON
mon jail; and on second conviction, the pei
son SO convicted shall pay the sum OF Nv
hundred dolurs and costs Of prosecutor
and in default Of payments, shull pc imPrl'
oned four months in The common Jail On
on the third and every subsequent convlC
lion, shall pay the sum Of two hundred DO
lars, and shall be imprisoned four months ]
the common Jail Of the county where n
offence was committed said penalties TO
recovered before any court OF comPeser
Jurisdiction, by Indictment. or by action
deb, in The name Of the city or iown wheI
the offence shall be comnined. And wheI
ever a default shall be had OF any recoI
nizance, arising under This act, scire fdcit
shall be issued, reIurnabIe a. The next tern
and The same shall not be continued, unle
, for good cause satisfactory TO the court.
RESPECTING JURYMEN AND WHO SHALL
1 lloaqaHa iuis1 1DlsQuALlFlED. # baGmmq,
Sec. 8, No person engaged in the unlalv
. Gul traffic in intoxicating liquors, shall
| competent TO sill upon any jury, in any cal
\ arising under this act; and when intorma'it
!. lshaII be communicated 10 the court, IN
1 any member Of any pannel is engaged
. such traffic, or Is believed 70 be engaged
such raffic, The court shall inquire Of q
,fliufyman oiwhom such beliefis en'erIaine
d land mo answer which he shall make sh'
!. be used against him, iinsany case a'isl
0 under Ibis act; bu, If he she'll answer talse
d he shall be incapable Of serving on any lu
d lin the Sla,o; bu, he may decline 10 answt
,fIin which case he shall be Gischargediby
d courglromall further attendance as jul
81 mand at es ls5r8 stsw 9sGsi
81 Abrams 10 HAVE PREcEDENcE IN SURRE
e CoURrs. NolLE PRosEeUr NOT Allow
vi SEQ, 10, All cases arising under this 9 9
Iel whether by action, Indictment, or complai