Wisconsin tribune. (Mineral Point, Wis.) 1847-1854, 1853-09-01

awarded against him By the justice or Judge
from whose judgment the appeal was made.
The forfeiture for all bonds and recogni-
zances given in pursuance of this act.
shall 60 to the town or city, where the of.
fence was committed, for the use of the
poor and if the recognizances and bonds
mentioned in this section shall not be Civ
en-, within twenty four hours after the
judgment the appeal shall not be allow
ed the defendant in the mean tine to
stand committed
SEC. 7. The Mayor and Aldermen of
any city, and the Seleetmen of any
town, whenever complaint shall be made
TO them that a breach Of the condi-
tIons of the bond given by any person
appointed under this act, has been com
mitted, shall notify the person complain
ed of, aud if upon hearing of the par.
ties it shall appear that any breach has
been committed, they shall revoke and
make void his appointment And when
ever breach of any bond given to the in
habltants Of any city or town in pursu-
ance OF the provisions of this act, shall
be made known to the Mayor and Alder
men, or Seleetmen, or shall in any man
ner 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 suit in any court proper to
try the same.
SEC. 8. No person shall be allowed to
be manufacturer of any spirituous or
intoxicating liquor, or common seller
thereof, without being duly appointed as
aforesaid, on pain of forfeiting on the first
conviction, the sum of one hundred dol
lars and costs of prosecution, and in de-
fault OF the payment thereof, the persons
so convicted shall be imprisoned sixty
days IN the common Jail and on the sec
ond conviction, the person so convicted
shall pay the sum of two hundred dol
lars aud costs of prosecution and in de
fault of payment shall be imprisoned
four months in the common Jail and on
the third and every subsequent conviction,
shall pay the sum of two hundred dollars.
and shall be imprisoned four months in
the common Jail in the county where the
offence was committed said penalties to
be recovered before any court of compe-
tent jurisdiction, by indictment or by ac-
ton Of debt IN the name Of the city or
town where the offence shall be commit
ted. And whenever a default shall be
had of any recognizance arising under
this act, scire facias shall be issued, re-
tarnable at the next term. and the same
shall not be continued, unless for good
cause satisfactory to the court
SEC. 9 No person engaged in the un-
lawful traffic in Intoxicating liquors shall
be competent to sit upon any jury in any
case arising nn1aer this act and when in
formation shall be communicated to the
court, that any member of any panel is
engaged in such traffic, or that be is be-
lioved to be so engaged, the court shall
inquire of the jurymau of whom such be-
lief Is entertained and no answer which
be shall make shall be used against him
in any case arising under this act but
if he shall answer falsely, be shall be in
capable 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
juryman.
SEC, 10, All cases arising under this
act, whether by action. Indictment or COM
plant, which shall come before a superior
court, either by appeal or original entry,
shall take precedence in said court of all
other business. except those criminal cas-
es in which the parties are actually under
arrest awaiting a trial aud the court and
prosecuting officer shall not have author
ity to enter nolle prosequi, or to grant
a continuance IN any case arising under
this act, either before or after the verdict
except where the purposes of justice shall
require it
SEC. IL, If any three persons voters in
the town or city where the complaint shall
be made. shall before any justice of the
peace or judge of any municipal or police
court, make complaint under oath or af-
frmation, that they have reason to believe
and do believe, that spirituous or intoxi-
eating liquors are kept or deposited, and
intended for sale by any person not au-
thorized TO sell the same In said city or
town under the provisions of this act. in
any store, shop, warehouse or other build
ing or place in said city or town. said jus
tice or judge shall issue his warrant of
search to any sheriff, city marshal or de-
putty, or to any constable who shall pro-
ceed to search the premises described in
said warrant and if any sprituous or in
toxicating liquors are found therein, he
shall seize the same and convey them to
some proper place Of security where be
shall keep them until final action is had
thereon, But no dwelling house in which,
or in part of which shop is not kept.
shall be searched unless at least one of
said complainants shall testify to some
&C. of sale of intoxicating liquors therein
by the occupant thereof, or by his consent
or permission, within at least one month
of the time of making said complaint
And the owner OF keeper of said liquors.
seized as aforesaid, If he shall be known
to the officer seizing the same, shall be
summoned forthwith before the justice or
judge by whose warrant the liquors were
seized, and if he fails to appear, or unless
be can show by positive proof, that said
liquors are Of foreign production, that they
have been imported under the laws of the
United States, and in accordance there
with-that they are contained in the orig
inal packages in which they were i'm
ported, aud in quantities not less than the