Litchfield enquirer. [volume] (Litchfield, Conn.) 1829-current, 1853-08-18

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Sec. IS. r. any person arrested under the
next preceding section, and sentenced as
| aforesaid, shall appeal from tie judgement
rendered against him, before bic appeal shall
be allowed, be shall give bond Of recogni-
zance in the sum Of one hundred dollars, with
| good and sufficient surety, 10 the treasurer Of
! the coaniy within which such Judgment was
rendered conditioned for his appearace before
! the county court next 10 be holden in said
| c0anty, to answer to the complaint wheTe0n
| said Judgment has been rendered, and Ter his
abiding tho judgment which may be rendered
by said court.
Sec. IS. All cases arising under this act
which shall come BY appeal, writ Of error, or
! in any other manner, before any other court
| than q Justices court, shall take precedence
| in said court Of all other criminal business
except those criminal cases in which the par.
ties are actually under arrest, awaiting trial /;
and the prosecuting officer shall not have ga
lhorty TO enter a nolIe prOseqWi, except by
consent Of the court and where the purposes
Of Justice manifestly require il; nor shall the
court grant sconticuance IN any caSc arising
under lhis act, except where the purposes OF
justice manfestly require II.
Sec. II. No person who may be, or may
have been, after this act shall go into effect,
Of spirituous or intoxicating liquor, shall be
arising under this act and when information
shall be given to the court or to the prosecute
ing officer, that any member Of any panel is
OF has been engaged in such manufacture or
sale, or that he is believed to be, or have been
SO engaged, the court or prosecuting officer,
Gas the case may be) in presence Of the court,
shall inquire Of said iurymap ard no answer
which he shall make shall be used gainst him
in any case whatever but he may decline to
answer, in which case he chall be discha rged
by the court fiom further attendance as Jury.
man in any case arising under this act.
Sec. IL. Whenever default shall be had Of
any recosnizance or bond given pursuant 10
this act, the proper officer shall forthwith
commence suit upon said recognizanee or
bond and pursue the final Judgment as speed.
lily as possible. Any judgment recovered in
such suit shall be for the full amount Of SAID
recognizance or bond, with costs Of suit
And no court or officer shall remit to the de-
icndant or defendants any par: Of said iude.
ment.
Sec. IS. II any coaplaint against any per.
son for violation Of any provision Of This act,
1t shall not be necessary 10 set forth the kind
OF quantity Of sp:rituvus, intoxicating, or mix
ed liquor sold or manufactured. or.t6e time Of
the sale OF manufacture thereof, but proof of
the violation by the accused OF any provision
Of this act, the substance ofwhich violation 10
briefly set forth in said complaint, within the
times mentioned in taid complaint, shall be
sufficient to convict such person !; nor shall it
be requisite in any complaint against any per-
son for second or subsequent offsBce 70 set
forth the record Of former conviction, bat it
shall be sufficient bri. fly TO allege in such
complaint such former conviction.
Sec. 20. A justice Of the peace shall be
entitled TO receive for making an order for the
destruction Of any liquor seized under the
provisions OF this act. Fifty cents, and for his
attendance at the destruction Of such liquor,
fifty cents; and the officer who shall make
service Of any warrant or process for the sei-
cure Of any l,qnor, shall be SLOWED Cor the
same one dollar-for the removal and custody
Of liquor so seized, his reasonable expenses
therein and one dollar for the destruction Of
such liquor pursuant TO order Of court, one
dollar and for posting up tho notices requt.
ed by scctisn 10 If this act, fifty cents-all
which costs shall he taxed against the owner
or keeper Of said liquor, upon his convection
as aforesaid
Sec. 81. Every selectman, within his own
town, shall have the same powers as those
possessed by grand jurors Of instituting and
conducting in his own name, as such select.
man, prosecutions for al violations Of this act,
and his fees for such service shall be the same
as those allowed 10 grand jurors in like ca SEES.
Sec. %. The sclcctmen Of any town when
ever complaint shall be made to them that
breach Of the conditions Of the bonds given by
any agent appointed under this act has been
committed, shall notify the said ag' Mt Of said
complaint, and If, upon hearing Of the parties
it shall appear that any breach has beea com.
mitted, they shall revoke said agents appoint
meni and whenever q breach Of any bond
given 10 any town in pursuance Of this act
shall be made known to the selecsmen or any
one Of them, they or he shall, at the expense
and for the use Of said town, cause the bond
to be put in sun in any couFt proper to try the
same.
Sec. 90. All payments or compensalions
for liquor Aereafier sold in violation Of this act
whether in money, goods, land, labor or any
thing else, shall be held TO have been received
in violation oClaw and against equity ard good
conscience and to have been received uron a
valid promise and agreement Of the receiver
in consideration Of the receipt thereof to pay
10 the person furnishing such consideration on
demand, the amount Of said money, or the just
value OF such goods, land, labor or other thing.
All sales, transfers, convey ances, mortgages.
liens. attachments, pledges and securities Of
every kind, which either in whole or in part
shall have been made for, or on account OF
spirituous or intoxicating liquor sold in viola.
ton Of this act, shall be utterly null and void
against oil persons in all cases, and no rights
of.any kind shall be acquired thereby and no
action Of any kind shall be maintained in any
court in this State for spirituous or intcxica.
ting liquor sold in any other State or country
contrary to the law Of said State or coantry,
or with Intent TO enable any person 10 violate
any provisions Of this act. nor shall any action
Of any kind DO maintained for the recovery or
possession Of spiri,uous or intoxicating liquor
or the value thereof, except in cases where
PERSONS owning or possessing such liquor I'm.
der authority and permission Of this act, NAV
have been Illegally deprived 6f such liquor.
Nothing in this section, however. shall affect
| in MnV WRv tina nupmAr &C N n ~~s:oLI l.