The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-08-05

shall be from time TO time established by th
board making the appointment, then this obi
$ gotion TO be void; otherwise to remain in ful
5 force.
Sec. 4. Ifuny person by himself, clerk
servant or agent, shall at any time sell any
spirituous or Intoxicating liquors, or any mix
! ed liquors, part Of which is intoxicating, ir
. violation Of the provisions Of this act, he shal
forfeit and pay on the first conviction, ten dol
lars and the costs Of prosecution, and shal
Z stand committed until the same be paid; OF
5 the second conviction he shall pay twenty
dollars, and costs Of prosecution, and shal
. stand committed until the same is paid; or
the third and on every subsequent conviction
he shall pay twenty dollars and the costs o.
: prosecution, and shall be imprisoned in the
common jail, not less than three months, MOI
more than six months, and in default of pay.
ment OF the fines and costs prescribed by this
section, for the first and second convictions,
the convict shall not be entitled to the bene-
fit of chapter l75 Of the revised statutes,
until be. shall have been imprisoned two
months; and in default OF paymen: OF fines
and costs provided for the third and every sub
sequent conviction, he shall not be entitled to
the benefit of said chapter IT'S of the revised
statutes, until he shall have been imprisoned
four months. And fany clerk, servant, agent
or other person in the employment or on the
premises Of another, shall violate the provis-
ions Of this section, he shall be held equally
guilty with the principal, and on conviction
shall suffer the same penalty.
Sec. 5. Any forfeiture or penalty arising
under the above section, may be recovered by
an action of debt or by complaint before any
justice of the peace or judge ofany municipal
ofpolice court, in the county where the offence
was committed And the forfeiture so re-
covered shall go to the town where the con-
vcted party resides, for the use of the poor;
and the prosecutor or complainant may be ad-
! mitted as witness in the trial. And if any
one of the selectmen or board of mayor and
aldermen shall approve of the commencement
of any such suit, by endorsing his name upon
the writ, the defendant shall in no event re-
cover any COSTS and in all actions Of debt
arising under this section, the fines and for
FIXTURES suffered by the defendant, shall be
the same as if the actions had been by CON-
nlaint. 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 violation of any of the provisions OF this
act, on being informed of the same, and being
! furnished with proof of the fact.
! Sec. 6. If any person shall claim an ap-
peal from judgment rendered against him
! by any Judge Or justice. on the trial of any
I such action or complaint, he shall, before the
appeal shall be allowed, recognize in the sum
of one hundred dollars, with two good and
sufficient sureties, in every case so appealed,
to prosecute his appeal aud to pay oil costs,
fines aud penalties thltmay be awared g4inst
him, upon final disposition of such suit or
complaint. And before his appeal shall be
allowed, he shall also, in every case, give
bond with two good and sufficient sureties,
running To the town or city. where the Of
fence was committed, in the sum Of two hun
dred dollars, that he will not. during the pen
dency of such appeal, violate any provisions
of act And no recognizance or bond shall
be taken in cases arising under this act ex-
cept by the Justice or Judge before whom the
trial was had; and the defendant shall be held
to advance the jury fees in every case OF ap-
| peal in an action of debt; and in the event of
final conviction before jury, the defendant
shall suffer andpsy double the amount of fines,
penalties and Imprisonment awarded against
| him by the justice or Judge from whose judg-
ment the appeal was made. The forfeiture
| for all bonds and recognizances given in pur-
suance of this act, shall 60 to the town or
city where the offence was committed, for the
| o,,ct I'll nd ha nd
bonds mentioned in this section shall not be
given, within twenty-iour hours after the judg-
ment, the appeal shall not be allowed, the de-
| fendant in the mean time to stand committed.
Sec. Z. The mayor and aldermen of any
city, aud 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 complain
| ed os, and if upon hearing of the parties it
shall appear that any breach has been com
mit,ed, they shall revoke aud make void his
appointment. And whenever breach of any
bond given to the inhabitants Of any city OF
town in pursuance of any of the provisions oi
this act, shall be known to the mayor and al
dermen, 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 town, cause the bond TO be put in, suil
in any court proper to try the same.
Sec. s. No person shall be allowed to be
a manufacturer of any spirituous or intoxica
ting liquor, or common seller thereof, with
out being duly appointed as aforesaid on pair
of forfeiting ON the first conviction, the sun
of one hundred dollars and the costs of prose
cu:ion, and in detlult of payment thereof, tia,
person convicted shall be imprisoned sixt,
days in the common Jail; and on the secon
conviction, the person so convicted shall pa,
; the sum of two hundred dollars and the cost
! of prosecution, and in default of payment shal
be imprisoned four months in the common
iail and on the third and every subsequen
; conviction, shall pay the sum of two hundre
dollars, and shall be imprisoned four month
in the common Jail of the county where tn
offence was committed; said penalties to b