Des Moines courier. ([Ottumwa] Iowa) 1848-1854, 1853-02-10

sudii uc tnc uusy Of tHt mayor anu al
dermen Of any city; and the seleclmen
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 in
formed of the same. and being furnished
with proof of the fact.
CONDITION AND coNsEqu ENcEs OF APPEAL.
SEC. 6. If any person shall claim an
appeal from Judgment rendered agains.
him by any Judge or justice. on the
trial of such action or complaint he shall.
before the appeal shall be allowed, rec
ognize the sum of one thousand dollars,
with two good and sufficient sureties, in
every case SO appealed, to prosecute his
appeal. and pay all costs. fines and pen
allies tha, may be awarded against 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 offence was committed, in the
sum of two hundred dollars, that he will
not. during the tendency of such ap.
peal, violate any of the provisions of
this act. And no recognizance or bond
shall be taken in cases arising under This
act, except by the justice or judge be-
fore whom. the trial was had, and the
defendant shall be held TO advance the
jury fees in every case Of appeal in an
sction 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 judgment the appeal
was made. The forfeiture for all bonds
and recognizances given in pursuance OF
this act, shall go to the towE or city in
which the offence was committed, for the
use of the poor; and if the recognizan-
ces and bonds mentioned in this section
shall not be given within twenty -four
hours after the judgment. the appeal
shall not be allowed; the defendan, in the
meantime to stand committed.
WHEN AGENTS FORFEIT THEIR BONDS.
SEC. z. The mayor or aldermen OF
any city and the selec,men of any to wn,
whenever complaint shall be made to
them that breach of the conditions OF
the bond given by any person appointed
under this act, has been committed, shall
notify the person complained of, and if
upon hearing of the parties il shall ap-
pear that any breach has been commit,
ted, they shall revoke and make void his
appointment And whenever breach
OF any bond gwen to the inhabitants OF
any city or town in pursuance of any
of the provisions of this act shall be
made known TO the mayor and alder
men. or selectmen, or shall in any man
ner come to their knowledge, they or
some one then shall, at the expense, and
for the use of said city or town, cause
the bond to be put in suit N any court
proper TO try the same.
MAKERS AND COMMON SELLERS.
SEC. 8. No person shall be allowed
10 be manufacturer of any spirituous
or intoxicating liquor. or common seller
Thereof. without being duly appointed as
aforesaid. on pain of forfei,ing on the first
conviction, the sun of one hundred dol
lars and the costs of prosecution. and in
default of the payment thereof. the per.
son so convicted shall be imprisoned
sixty days in the common Jail; and on
the second conviction the person so con.
vIcted shall pay the sum OF two hundred
dollars and costs of prosecution, and in
default of payment shall be imprisoned
four months IN the common Jail; and on
the third and every subsequent convic-
tion. shall pay the sum of two hundred
dollars and shall beimprisoned months
in the common jail of the county where
The offence was committed: said penal
ties to be recovered before any cour, Of
competent jurisdiction, by indictment.
or by action of debt ia the name of the
city or town where the offence was com.
mitled. And whenever default shall
be had OF any recognizance arising un.
der this act, sciye facias shall be issued,
returrable at the next term, and the same
shall no, be continued. unless for good
cause satisfactory 10 the court.
no LAwLEss RuMsELLERs TO BE JURORS.
SEC, 0. No person engaged in the un-
lawful traffic OF intoxicating liquors shall
be competent to SIT upon any jury in
any case arising under this act, and when
information shall be- communicated to
the court, that any member of any panel
is engaged in such traffic. or that he is
believed to be engaged, the court shall
enquire of the juryman of whom such
belief is entertained; and no answer he
shall make shall be used agains, him in
any case arising under this act; but if he
answer falsely he shall be incapable Of
serving on any jury in this State; but he
may decline TO answer, in which case he
shall be discharged by the court from
all further attendance as a juryman.
THESE CASES TO STAND FIRST FOR TRIAL, &C.
SEC. 10. All cases arising under this
act. whether by action. indictment or
complaint, which shall come before SUI
perior. either by appeal or original en-
try, shall take precedence in said cour,
Of all other business, except those GRIM
inal cases in which the parties are ac,u-
a anv nndor q rroex a.pa;s.rc = s.:oI. -. a al =,