Smyrna times., 1855-03-14

the Justice shall examine him or, them on oath
or affirmation touching such complaint, and if
Sufficient cause appear, shall issue a warrant of
arrest against the offender, bind the witness
for his appearance to testify at, the hearing or
detain him, and proceed as in other cases.
lfany person so summoned shall fail to ap-
pear, an attachment shall be issued to, compel
his appearance. the service of the summons be-
ing first proved by the return of the officer, or
the oath or affirmation of any other person, su-
ing the same. lfany person so summoned or
attached, shall refuse to testify, he shall, unless
just cause be shown, be deemed guilty of con-
tempt, and be punished by fine of not less
than ten nor more than twenty dsllars, and
stand committed until the same is paid. =.
Sec II. Whenever any complaint shall be
made in due form to Justice OF the Peace of
a violation by any person ofany of the provisions
of this Act, it shall be his duty to proceed as
directed in chapter 81 of the Revised Statutes,
in relation to complaints made before him in
other criminal cases and all existing provisions
of law relative to msdemeanOrs an offences
created by this act SO far as the same are ap-
plicable, and are not inconsistent Herewith.
Sec. l3. No recOgnizance taken by Justice
Of bail bond by Sheriff, to secure the appear
ance of any defendant TO answer for any offence
under this act, shall be deemed to be satisfied
or the condition thereof fulfilled unless the per-
son so bound to appear, shall appear in proper
person at the court, at which he has so under
taken to appear, and shall in proper person re-
main and abide the judgement which may be
rendered by the court on side charge; and it
shall be the duty of the proper officer forthwith
to commence a suit on any such recognlzance
or bail-bond which has been defaulted, or of
which breach of the condition has occurred,
and to pursue the same to final judgement and
and execution as speedily as possible, aud any
judgement recovered in such suit shall be for
the tull amount ofsuch recOgnizance or bail
bond with costs aal" ''"' '.@'r' CIV
SEE. IA. All fines and forfeitures which may
accrue and be received under the provisions of
this Act, and not otherwise herein appropra-
ted shall be paid over by the officer receiving
the same to the Treasurer otthe County where
in such convictions were had, for the use Of the
county. .so 'atl asIssa> ao8 sartftt
SEC. Is. It shall be the duty Of every Justice
of the Peace, Sheriff, Deputy Sheriff and Con-
stable within their respective counties, when
ever he shall have knowledge that offence has
been committed against any of the. provisions
of this Act, to make complaint or cause COM
plaint to be made thereof. 1o- .r.. ~
SEC. Is. Every public officer who shall neg.
lect or refuse to perform any duty required Of
him by any section of this Act, shall be deemed
guilty Of misdemeanOr, and upon conviction
thereof by Indictment, shall forfeit and pay a
fine Of not less than fifty, nor more than two
hundred dollars, besides costs, and such convic.
ton shall, except in the of judicial officers
ipso facto, work alforfeiture of Office. Il IL .o'
Sec IA. Every person who shall oppose oi
resist any officer, or any one called by him, tC
his aid in the execution of any duty under thiI
Act, shall be deemed guilty of a msdemeanor
and upon conviction, by Indictment, shall for
felt and pay fine of not less than fifty dellars
J aud in default of payment of such fine and cost
shall be imprisoned not less than ten days.
SEC. lS. This Act shall not be deemed o
J taken to apply to the importer offoreign intoxi
eating liquors, in respect 10 snch liquors impor
ted under the authority of the laws of the Uni
e ted States regarding the Importation of sucl
4 liquors, and in accordance with said laws, pro
vided that the said liquor remains in the origi
nal casks or IRckages, in which it was by bin
3 imported, aud in quantities not less than tn
b Quantities, in which the laws of the Unite
e States require such liquor to be imported, an
is by him disposed of in said casks or packages
i and in said quantities only; and provided, also
y that in any proceeding under this Act, the Gus
i tom House certificates of importation and proc
0 of marks on the casks or packages correspond
: ing thereto, shall not be received as suflicieI
c evidence that the liquor contained in said cash
e or packages, are those actually imported ther,
y in, but the person to be benefited thereb
T, shall be required to allege and prove such fat
d alinude. ''''N i p ''.' @.'. 81. ~. ''
e SEC. 10. Nothing contained in this Act sha
e be construed to forbid the sale at the place
e manufacture, by the maker thereof, of cider
+ wine, manufactured from fruits being tt
d growth of land In this State, owned or occ,
g pied by the manufacturers; provided only, th'
e the quantity Of cider or wine sold at any or
u time, be not less than one gallon, and that Il
30 same be sold to be ana be all taken away
le one time. ~ t''i"' =" 't'- t.'''''"
Il No cider or wine so sold shall be drank |
d, the premises of the seller and any such drin
le1 ing or retransfer to the seller OF any porti,
er SO sold shall subject him to the penalties Of
n unlawful sale; and provided also, that no su,
he sale shall be made directly or Indirectly to al
lr- such person as is mentioued In section 2 OF III
n Act.
or SEC. 20. The words intoxicating liquors
IS and sslauor,n as used, in this Act shall be co
ii, strued to meane extend to and include ale pc
ed ter. lager beer, cider and all wines. alcohol,
sss distilled and malt liquors. alltdrugged lique
nd and mixed liquors, part of whlchOisa aicoh
4 distilled of malt liquor, and all liquors. u
er- cas intoxicate and are adapted to use as abe'
ne rage.s V8aP .Ys'epsib So 8nsos od' o.
The .ssEc. 2lo Nothing in this act shall be &C
nm stracted TO prevent physicians pnrsuing A
lry practice OF medicine as a business from ke'
81, ing and professionally giving lor in any W
or dsposiag of intoxicating liquors. medicinal
lall or any person from giving wine fordsaeram
ich tai purposes. ..h..
INV SEC. %. The terms !ssell" and "sale |"
has this Act when descriptive ofor referring TO I
hat offence shall be construed to mean and incl
his any and every mode in which such liquor q
ned be disposed of or transferred, with view
MIS- any profit or advantage, upon any conslde
nks ton whatever, past, present, or future, ct
or | wise thanas apure gift; and in any proceed
son under this Act, proof Of any disposal Of 5
hall liquor otherwise than by such gift, shall
4 ar sufficient to establish the allegation Off
an within the meaning Of this Act. 8 ~ ~
c.sx Csc % In nny nroceeding fnr n viola tio