, 1854-04-15

to pay all costs lines, and penalties that
may be awarded against him upon 'ffnSI
disposition Of such suit orc6mTlaiht ;'ASS
before his appeal shall be allowed, he shan
also, in every case. give a bond with tE6
other good and sufficient sureties, enuriST
to the county where the offence was Com Com
mitted, in the sum Of FIVE hundred dollar
that he will not during the pendeucy X
such appeal, violate any Of the provisiobi
Of this act. And no recognizance of bond
shall be taken in cases arising under thii
act, except by the justice before whom ma
trial was had, and the defendant shall X
held to advance the jury fees il every css3
Of appeal in a civil action and in tbt
event Of a final conviction before . iuff
the defendant shall pay and suffer u
amount Of fines, penalties and imprisonme6i
awarded against him BY the justice from
whose Judgment the appeal was made, t6
gether with the costs Of appeal,
The forfeiture for all bonds and recoguk
zances given in pursuapce Of this act, sksll
go to the county where the offence vas
committed, for the use Of common schools
in said county and 4 the reeognizaness
and bonds mentioned In this section Shall
not be given, within i've d6yS after az
the appeal shall not be all6wtd.
the defendant in the mean time to stand
committed. ''f '''t. ".
Sec. I. The county commissioners Of
any county, whenever complaint shall b.
made to them, that breach-Of the eoudl.
tions Of the bond given By. any person ap:
pointed under this act, has been Committed,
shall notify the person complained Of, aGd
if upon hearing Of the parties 1t shall aIs
pear that any breach has been committed.
they shall revoke and make void bis aps
pointment. And whenever q breach Of any
bond given TO the inhabitants of any Of the
provisions of this act, shall be made known,
to the county commissioners, or shall In any
manner come to their knowledge, they, o.
some one Of them, shall at the expense and
for the use Of said county, cause the bond
to be put in suit, in any court proper to Try
the same. tf >
Sec. 8. No person shall be allowed u
be manufacturer Of any splrituous OF ih
toxicating liquor, oBucOmmon seller theteol,
without being duly appointed as aforesaid,
on pain Of forfeiting, on the first conviction.
the sum Of one hundred dollars and costs
Of prosecution, and in default Of the pay.
ment thereof, the person 50 convicted, shan
be imprisoned sixty days IN the county jan;
and on the second conviction, the person
so convicted, shall pay the sum Of two
hundred dollars and costs Of prosecution.
and in default Of payment shall be impfis-
oned four months In the county Jail; andOn
the third and every subsequent conTiciiod,
shall pay the sum Of two hundred doIlafs.
and shall be imprisoned four months IN the
county jail Of the county where the offence,
was committed, said penalties to be ree6Sti :
cred before any court Of competent jIrisdlsl
ton, by indictment, or by civil action, n
the name Of the couBty wheFe the offence /.
shall be committed. And whenever . desp
fault shall be had Of any recognlAahc6 aipa
sing under this act, II shah be the duty or
the prosecuting attorney Of the district To.
commence an action on such defaulied r.
cognizRnee, against all persons bound By
the reeognizancc,q and proceed therein as d ,
civil actions. h,s ~. 49, li W ~
Sec. 0. No person engaged in the un-
lawful traffic in intoxicating liquors, shalTbc
competent to sit upon any jury in any caat
arising under this act; and when infcrma.
ton shall be communicated to the court
that any member Of any panelis engaged
in such traffic, or that he Is believed TO Be
so engaged, the court shall inquire Of the
juryman ofwhom such belief is entertained;
and no answer which he shall make shall
be used against him in any case arising uh-
der this act; but il he shall answer falsely,
he shall be incapable Of serving on any jury
in this Territory; but he may decline to
answer, in which case he shall be discharged
by the court from oil further attendance as
a juryman. ~
Sec. lO.' All cases arising under this :
act, whether by action, indictment, or con.
plant, which shall come before district
court, either by appeal or original entry,
shall take precedence 10 said court Of a
other business, except those criminal cases
in which the parties are actually under AZ
rest, awaiting trial {; and the court and
officer shall not have authority
to enter a nolle prosequi, or to gruht . cor. !,
thu ance in any case arising under this Act,
either before or after the verdict, except
where the purposes Of justice shall reqSife
it. s&
Sec. IL. If any three persons. VoteTy N
the county where the GOmplaint shall b I
made, shall, before any justice Of the peace
or district judge, make complaint, under
oath or affirmation, that they have TeabOa
to believe, and do believe, that spidtuous
or intoxicating liquors are kept or deposit's
ed, and intended for sale, by any pefscn =
not authorised to sell the same in said
county, under the provisions Of this act, IN
any store, shop, warehouse, or other build;
ing or place in said county, said justice OF
Judge shall issue his warrant Of search %
any sheriff or constable, who shall proceed