Arkansas true Democrat., 1862-01-02


 this act shall be by jury of twelve com the circuit court, if demanded by the defen dant; who, if they find the defendant gull ty. shall assess the fine to be paid by him, which shall not be less than five dollars, nor more than two hundred dollars. accord ing to the nature of the offence.
 SEo 12. BeHfurther enacted That when proceedings are commenced under the pro- visions of this act on the information or complaint of any injured party, his name shall be entered by the justice on his dock ct as prosecutor, and if the defendant shall | be discharged or acquitted, may be adiudg I cd to pay all costs, In other cases of dis charge or acquital the costs shall be paid i by the county.
 SEC. 13. Be a .tunher enacted, That in all cases of conviction under this act, the l justice shall enter judgment for the fine and costs against the defendant, and may com nit him until the judgment is satisfied, or issue execution on the judgment to the use l of the county.
 SEQ. 14. Be U fl0fher enacted, That any defendant who shall be committed or taken in execution on such judgment, may at any time after ten days actual imprisonment in fail take the benefit of the laws for the re- lief of insolvent debtors, and on taking the oath and complying with other acquisitions of said law, may be discharged; and in that case the county shall pay the costs of prosecution and charges of imprisonment, and for the amount thereof shall be priv ileged creditor of the defendant, entitled to be first satisfied out of his property and effects.
 SEC. 15. BeN funber enacted, That any person convicted, when the fine imposed exceeds ten dollars, under this act, may appeal to the circuit court, if he shall, on the rendition of the judgment, file an affida vit, stating that he verily believes himself aggrieved by the verdict, and judgment, and also enter into recognizance, with suf fcient securities, househoderS of the coun- ", which recognizance shall be in the form, and with the condition, required in appeals from justices of the peace in civil cases. SEC. Is. Be u fa4heg enactad, That all appeals taken fifteen days or more before any term of the circuit court of the county, shall bereturnable to that term; but if taken within fifteen days next before the com mencement of the term, shall be returnable to the second term.
 SEC IT. BeHfunAer enccted, That when an appeal is taken and perfected according to this act, 1t shalf be the duty of the jus tice to cause all material witnesses to enter into recognizance in the sum of fifty dollars, each, conditioned for their appearance to testify in the cause at the term to which the appeal is returnable, and shall, on or l before the first day of said term, file in the office of the clerk of the circuit court, 8 copy of the entries on his docket, with . copy of the process and affidavit of appeal, and the original recognizcane of the defen- dant and witnesses, duly certified.
 SEC. Is. Be < fnfher enqcted, That the I clerk of the circuit court shall enter the cause upon his docket, and if the appeal be regularly taken, the cause shall be heard on it's merits, at the return term unless good cause shall De shown for a continuance, and the costs of both courts shall abide the event of the trial in the circuit court
 SEC. 19. Be pJu,tter euqcted, That if the appeal be not taken and perfected on the day ofrendering judgment by the jus ticc, the judgment shall ee affirmed.
 SEC. 20. BeH fuy7hey enacted, That if the judgment of the justice be affirmed, or, upon trial in the circuit court, the defen- dant shall be convicted, any fine as sosscd, judgment shall be rendered for such fine on4 costs in both courts, against the attendant and his securities.
 SEC Fl. Be turfher enacted, That if the judgment in the circuit court be not satisfied in thirty days after the rendition thereof, execution may issue against the defendant and his securities for the fine and costs aforesaid, which shall be made out of the property of the defendant, if sufficient thereof be found, if not, then out of the property of said securities
 SEC P B. 1taiber enacted, That in all cases not specially provided for in this act, the process and proceeding before the justice shall be governed by the laws reg ulating proceedings in justices courts in civil cases.
 SEc 3. Be 1tunder enocied, That it shall be the duty of the justice before whom any conviction may be had under this act, if there be no appeal, to make out and cer- tify, within ten days after the date of the ! judgment, and deliver to the treasurer of the county q statement of the case, the amount of fine and name of the constable charged with the collection hereof, and the county treasurer shall charge the constable with the amount of such fine due and, un- less the same be paid in the county treasury within thirty days after the date of the judg- ment, the county court shall, at their next term, ten days notice being given to the constable in default, render judgment against him in favor of the county for the amount due, and twenty per centurh there on, making, however, proper deductions l for insolvencies; on which judgment execu- tion shall be issued and the proceeds paid into the county treasury.
 SEC. 24. Be H1ar!Aer enacted, That any justice of the peace, sheriff, coroner or con- stable, who shall wilfully neglect or refuse to perform any duty enjoincd on him in this act, shall be deemed guilty of misde, meanor in office, and shall, moreover, pay the sum of fifty dollars; and any person who shall, when summoned to aid in arrest ing or securing an offender, refuse to give such assistance, shall pay five dollars.
 SEC. 2. BcUJunbfr enacted, That fines and penalties incurred under this act in cases mt otherwise nrovided for may be