The Magnolia gazette., 1873-03-21

bAAtANJ NA1of AAh BNy Wv NbSbo ~ BANSNNA
tion and for every violation of the third
section of this act, every person convicted
as the keeper Of any Of the places therein
described to be nuisances, shall forfeit and
pay a fine Of not less than fifty nor more
than one hundred dollars, and be impris-
oned in the Jail of the county for not less
than twenty nor more than fifty days, and
pay the costs of prosecution; and such
place or places so kept by such person or
persons shall be shut up and abated upon
the order Of the court before whom such
conviction may be had until such time as
sucn person or persons keeping such places
shall give bond and security, to be approved
by said court, in the penal sum Of one thou
sand dollars, payable to the state 0 fMssis-
sippi, conditioned that he, she or they will
not sell Intoxicating liquors contrary to the
laws of the state, and will pay all fines,
costs and damages assessessed against such
keeper or keepers for any violation thereof
and in case Of forfeiture Of such bond, suit
may be brought thereon for the use Of any
person interested, or for the use of the COM
mon school fund Of the county, in case Of
fine or costs due such county; Provided,
that the penalties in the nature of fines
mentioned in this section may be enforced
separately from the Imprisonment before
any justice Of the peace having jurisdiction.
a. Be it further enacted, That the Civ
ing away Of Intoxicating liquors, or other
shift or device to evade the provisions of
this act, shall be deemed and held to be an
unlawful selling within tho provisions Of
this act.
rs. BE it further enacted, Tint for the
payment Of all fines, costs and damages as
sessed against any person or persons in con-
sequence Of the sale Of intoxicating liquors,
as provided in section FIVE Of this act, the
real estate and personal property Of such
person or persons of every kind, except
such as may be exempt under the homestead
laws Of this State, or such as may be ex-
empt from levy and sale upon Judgment and
execution, shall be liable and such fines,
costs and damages shall be a lien upon such
real estate until paid and in case any per
son or persons shall rent or lease teanother
or others any building or premises to be
used or occupied in whole or in part for
the sale Of intoxicating liquors, or shall
such building or psenises 80 used or oecu-
pied shall be held liable for and may be
sold to pay all fines, costs and damages
assessed against any person or persons oc-
cupying such building or premises. Pro-
ceedings may be had 70 subject the same to-
the payment Of any such fine and costs as
sessea, or Judgment recovered, which re-
main unpaid, or any part thereof, either be-
fore or after execution, shall issue against
the property Of the person or persons
against whom such fine and costs or iudg-
ment shall have been adjudged or assessed !;
and when Judgment shall issue against tho
property 50 leased or rented, the officer
shall proceed to satisfy said execution out
OF the building or premises SO leased or
occupied as aforesaid and in case such
building or premises belong to minor, in.
sane person or idiot, the guardian Of such
minor insane person or idiot and his or her
real aud personal property shall be held
liable Instead Of such minor, insane person
or idiot, and his or her property shall be
subject to all the provisions Of this section
relating to the collection Of fines, costs and
damages.
10. BE it further enacted, That the pen
atty and Imprisonment mentioned in the
sixth section Of this act may be enforced
by indictment in any court of record having
criminal jurisdiction; and all pecuniary fines
or penalties proyid-d for in any of the sec,
tions Of this act except the fourth and
fifth) may be enforced and prosecuted for
before any justice of the peace of the
proper county in an action Of debt, in the
name OF the people Of the state Of Mssis-
sissippl as plaintiff; and in case Of convic-
ton the offender shall stand committed to
the common Jail until the Judgment and
costs are fully paid, and the magistrate OF
court in which conviction is had, shall issue
writ of capias al satisfactead,,m there.
fori and justices Of the peace shall also
have jurisdiction Of all actions arising un-
! der the fourth and fifth sections Of this act
where the amount in controversy does moi
exceed one hundred and fifty dollars, sucl
action to be prosecuted in the name of the
party injured or entitled to the debt ol
damages provided for in said fourth and
+ fifth sections.
9 TO- Belt further enacted, That in all
> prosecutions under this act, by indictment
D.; or otherwise, it shall not be necessary to
state the kind Of LIQUOR sold. or to descriha