The Literary echo, and Pawcatuck advertiser. [volume] (Westerly, R.I.) 1851-1854, 1853-03-10

convicted shall claim an appeal, 1t shall
be the duty of such justice or court,
upon motion Of the complainant or the
defendant, to require any witness sworn,
to enter into recOgnizance in the sum of
fifty dollars, conditioned that he will ap-
pear at the appellate court to testify in
the trial whenever such appeal shall be
called for trial.
Sec. l3. No person or persons, who
shall make any complaint for the viola
ton of any of the provisions of this act,
except the provision of the fourth Sec
ton thereof, shall be required, at the
time Of making such complaint, to.enter
into recognizance, or in any way to be-
come liable for the costs that may accrue
thereon. Complainants appointed by the
town where the offence is committed,
and the complaint made, the city mar
shal, city sergeant, and city watchmen
of the city of Providence, the shcritfs
aud deputy sheriffs of the several coun-
ties, and the town sergeants and consta-
bles of any town, and such persons as
shall waive in writing, on the complaint,
at the time of making the same, in favor
Of the State, the complainant's portion of
the penalty, shall not be required, upon
making any complaint for the violation
of any of the provisions of the fourth
section of this act, to enter into the re-
cognizance or give surety. All other
persosn upon making any complaint for
a violation of any of the provisions of
the forth section of this act, shall enter
into rccogn;zance with surety in manner
and with like conditions, as is required
by the l35th section of the act entitled
s. an act concerning crimes and punish
ments.o
Sec. IA. In any action, complaint
and warrant indictment or other proceed
ings, against any person for violation
Of any provisions of this act, shall not
be necessary to set forth the kind or
quantity OF ale, wine, rum or other
strong or malt liquors, or mixed liquors,
as aforesaid, or the time Of the sale or
manufacture thereof; but proof of the
violation of any o the provisions of this
act, the substance of which is briefly set
forth therein, within the times mention
ed therein, by the person complained of,
shall be sufficient to convict such person
nor shall it be requisite in any such
action, complaint and warrant, indict-
ment or other proceeding, to set forth
record of former conviction, or any
allegation of any such conviction,
but any such conviction may be proved,
in the same manner, and with the same
effect as if an allegation thereof had been
made nor shall it be necessary to par
ticularly describe the packages or kinds
of liquor to be seached for. And any
defects in any such complaint and war
rant, indictment or other proceeding,
either Of form or substance, may be
amended either by the justice, or court
exercising the jurisdiction of justice or
other court before whom the action,
complaint and warrant, indictment
or other proceeding is originally
brought. All cases of appeal under this
act from the judgment or sentence of a
justice of the peace or court exercising
the jurisdiction of a justice of the
peace, shall in the appellate court
be conducted and argued by the
Attorney General in behalf of the
State and in every case in such court
in which the appellant shall be required
to pay the costs, the sum of six dollars,
shall be taxed in the bill for the services
of the Attorney General for which sum,
the clerk of said court or other Officer to
whom such costs may be paid, shall ac-
count with the General Treasurer and
no cost in any such case shall be remit
ted or reduced.
Sec. 10. Any justice of the peace
within the town in which he resi- les, and
any court exercising the jurisdiction of
justice of the peace, within the town in
which such court is established, shall
have jurisdiction and cognizancc of all
offences done or committed, in the town
in which the justice trying the cause
shall reside, in violation Of any of the
provisions of the fourth, ninth and tenth
sections of this act with power to pro-
cced to trial render judgment pass sem
tence. and award a warrant FIR execu-
ton thereof; and complaints for the
violation of any of the provisions of the
act, may be made to either OF the justi-
ces of any court exercising the jurisdic-
ton Of the justice of the peace, and the
warrants issued thereon may be signed
by either Of the justices thereof And
whenever court exercising the jurisdic-