Smyrna times., 1855-02-21

the officer to whom it is delivered, or any other
person whom he may depute for that purpose
If the person or persons summoned shall ap-
pear, the justice shall examine him or them, on
oath or affirmation, touching such complai int,
and, If sufficient cause appear, shall issue
warrant of arrest against the offender, bind the
witness foEaIs appearance to testify at the hear
ing, or de- bim and proceed in other
cases II Tayf erson so summoned shall fail to
appear, an attachment shall be issued to compel
his appearance, the service of the commons be-
ing first proved by the return of the officer, or
the oath or affirmation of any other person
serving the same. Ii any person so summoned |
or attached, shall refuse to testify, he SHALL un-
less just cause be shewn, be deemed guilty of
contempt, and be punished by fine of not less |
than ten nor more than twenty dollars, and !
stand committed till the same is paid.
! Sec IL. Whenever any complaint shall be |,
made in due form, to justice of the peace, ofa
violation. by any person, of any of the provi-
SiOns OF this act it shall be his duty to proceed
directed in chap. 81 of the Revised Statutes in
relation to complaints made before him in other
criminal cases and all existing provisions of
law relative to misdemeanors and offences, shall
apply to offences created by this act, SO far as
the same are applicable, and are not iuconsis-
tent Herewith.
Sec. l3. No recOgnizance taken by Justice
or 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
person so bound to appear, shall appear in pro-
per person at the court at which he has so un-
dertakcn to appear, and shall, in proper person,
remam and abide the Judgment which may be
rendered by the Court on the said charge; and
1t shall be the duty of the proper officer forth
with 10 commence suit on any such recOgni-
zance or bail-bond which has been defaulted, or
of which a breach OF the condition has occurred,
and 10 pursue the same to final Judgment and
f execution speedily as possible, and any ludg-
ment recovered in such suit shall be for the full
amount of such rccOgnizance or bail-bond with
costs.
Sec. IA. All fines and forfeitures which
may accrue and be received under the provi-
sions of this act, and not otherwise herein ap-
propriatcd, shall be paid over by the officer re-
ceiving the same to the Treasurer of the
| County wherein such convictions we're had, fer
the Use of the county.
t Sec. 10. 1t shall be the duty of every Justice
of the peace, sheriff, deputy sheriff and consta-
BILE within their respective counties, whenever
lie shall have knowledge that any offence ha =
been committed against any of the provisions Of
> this act, to make complaint or cause complaint
to be made thereof.
D Sec. l6. Every public officer who shall ne
C glect or refuse to perform any duty required of
) him by any section of this act, shall be deemed
f guilty of u mlsdemeanor, and upon conviction
= thereof, by indictment shall forfeit and pay a
j fine of not less than fifty, nor more than two
hundred dollars, besides costs, and such cOnyc-
tion shall except in the case of judicial offices
ipso tacto work forfeiture of office.
Sec. II. Every nprSOn who sha OnDoSe o-
il resist any officer, any one called by him Il
l, his aid in the execution of any duty under thi
IS act, shall be deemed guilty of misdemeanor
n and upon conviction, bp indictment, shall forfei
h and pay fine U not less than fifty dollars, an:
II in default OF payment of such fine and cost
1t shall be imprisoned not less than ten days.
e Sec. Is, This act shall not be deemed or takcl
1t to apply TO the importer Of foreign Intoxicating
1T liquors, in respect to such liquor imported unde
e the authority of the laws OF the United State
e regarding the importation of such liquors.. an,
Il in accordance with said laws provided that th'
a said liquor remains in the original casks o
e packages, i'll which it was by him import
l. ed, and IN quantities not less than the guam
p- titles in which the laws of the United State
'y require such liquor to be imported, and is b,
him disposed OF in said casks or packages, an,
IL in said quantities only; and provided also, tina
~ IN any proceeding under this act, the custom
H. house certificates of importation and proofs q
to marks on the casks or packages corresponding
thereto, shall not be received as sufficient evi
We dence that the liquor contained in said casks o
ne packages are those actually imported therein
BY but the person to be benefited thereby, slal
er, be required to allege and prove such fac
id alinude.
ne See. 49, Nothing contained in this act sha'
ce be construed to forbid the making OF cider frof
81 citr nf 10
he fruit, grown or gathered in this State, by tn
ne, manufac acturer, nor the selling of such cider G
ng wine by the maker thereof, provided only, tina
ce the quantity of cider sod at any one time, b
all not less than twenty-oight gallons, and tn
IN quantity of wine be not less than five gallons
ny and that tue same be sold to be, and be all take
ON away at one time. No cider or wine so sol,
his shall be drank on the premises of the selle
he and any such drinking or a re-transfer to th
m seller of any portion so sGld shall subject hi
ne to the penalties of unlawful sale, aud prov
for ded also, that no such sale shall be made direc
ay ly or Indirectly to any such person is mel
be toned in section 9 of this act
yer Sec. 90 The words intoxicating liquor
he and g liquor y ag used in this act, shall be col
be strued to mean, extend to, and include ale, po
ned ter, lager beer, cider, and all wines, ALCOHOL
Irs, distilled and malt liquor, and all liquors til
.--I can intoxicate and are adopted to use as be
son efage, h 8 -" ,n2tfIs Ed % HaH'W aa' 8
qr' Sec u. Nothing in this act shall be co
ihe strued to prevent physicians pursuing the prs
aia tice Of medicine as q business, from keeping a
uFy professionally giving, or in anywise disposi
Z " Of intoxicating liquors incidentally, or any pt
h or son from giving wine for sacramental purpos
haH Sec. ". @Theterms sisell = and 'ssale,' '
lich this act, when descriptive pforreterrlng to
any offence, shall be construed 70 mean and inclu
has any and every mode IN which such liquor m
any be disposed Of. or transferred, with a view
act, any profit advantage or upon any conside
med ton whatever, past, present or future, 9th
mis- hwise than as apure gift, and in any proce
inks iugs under this act proof ofany disposal Of
,voh liquor. otherwise than by such gift, shall
Der. sufficient to establish the allegation Of d 8
reof; within The meaning Of thisact. lDohi y Z.