The Ohio organ, of the temperance reform. (Cincinnati, [Ohio]) 1853-1854, 1853-01-21
4 CINCINNATI, FRIDAY, JANUARY 81, 1853. +

tied to the benefit Of chapter 175 Of the
revised statutes, until he shall have been
imprisoned two months; and in defanlt
Of payment of fines and costs provided
for the third and every subsequent con-
viction, he shall not be entitled to the
benefit Of said chapter l75 Of the revised
statutes, until he shall have been impris7
oned four months. And if any clerk,
servant, agent or other personin the en-
ployment, or on the premises Of an
other, shall violate the provisions Of This
section, he shall be held equally guilty
with the principal, and, on conviction,
| shall suffer the same penalty
SEC 5, Any forfeiture orPenalty aris-
ing under the above section, may be re-
covered by an action Of debt, or by com
plant before any justice Of the peace, or
Judge Of any municipal or police court,
in the county where the offence was COM
mitted. And the forfeiture so recovered
shallgo 10 the town where the convicted
party resides, for the use Of the poor;
and the prosecutor or complainant may
be admitted as witness in the trial.
And if any one Of the selectmen Of board,
or 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 recover any
costs and 10 all actions of debtarisng
under this section, the fines andIforleit-
ures suffered by the defendant, ahall be
the same as if the actions had deem by
complaint. And it shall be the puty Of
the mayor and aldermen of any city, and
\ selectnien Of any townyto comneli e aB
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 the proof of the fact.
Sec. 6. If any person shall claim an
appeal from judgment rendered against
him by any judge or justice, on the trial
of such action or complaint, he shall, be-
fore the appeal shall be allowed, recog-
Mise in the sum of one hundred dollars,
with two good and sufficient sureties, in
every case SO appealed, to prosecute his
appeal and to pay all costs, fines and PEN
allies that may be-Hwarded against him,
upon final disposition of such suit or
complaint. And before his appeal shall
be allowed, he shall also, in every case,
give a bond with two good and sufficient
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 provisions of this act. And
no recognizance or bond shall be taken
in cases arising under this act, except 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 appealin an action of debt and
in the event of final conviction before
jury the defendant shall suffer and pay
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 for
feiture for ali bonds and recognizances
given in pursuance of this act, shall go
to- the town or city where the offence
was committed, for the use of the poor /;
and ifithe recognizances and bonds men.
toned in this section shall not be given,
within twenty hours after the judg-
ment, the appeal shall not be allowed,
the defendant in the mean time to stand
committed. DmJf rra
SEC. Z. The mayor and aldermen of
anyicity, and the selectmen of any town,
whenever complaint shall be made to
them that a breach of the conditions of
the bond given by any person appointed
underth act, has been committed, shall