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Proceedings and Acts of the General Assembly, 1870
Volume 188, Page 3282   View pdf image (33K)
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ODEN BOWIE, ESQUIRE, GOVERNOR. 743

him, together with the party accused, and require
him to give testimony in the premises, and upon
his refusal he shall be fined or imprisoned, or both,
as provided in the preceding section.

 

143. The Sheriff, his deputies, or any constable
of the county, shall serve any process directed to
him under the preceding section, and shall arrest
any person whom he may find violating the pro-
visions of section one hundred and thirty-nine of
this Article, and shall seize all liquors he shall
find kept in violation of the provisions thereof,
and shall bring the parties offending before some
Justice of the Peace of said district, who shall fine
the party if convicted as hereinbefore directed, and
the liquor seized shall be destroyed.

Sheriff to
arrest.

144. If any officer shall refuse or neglect to per-
form the duties required in the preceding section,
he shall be adjudged to have violated the provi-
sions of the one hundred and thirty-ninth section
of this Act, and shall be subject to the penalties
imposed for such violation.

Officers
refuse.

145. Any person may appeal from the judgment
of the Justice of the Peace imposing any fine or
imprisonment under the one hundred and forty-
first section of this Article to the Circuit Court for
the county then next ensuing, unless there shall
not be ten days intervening between the rendition
of the judgment and the sitting of the said Court,
in which case the appeal shall stand for trial at

Appeal.

the succeeding session of the court; provided, the
party appealing shall enter into good and sufficient
recognizance before the Justice, to prosecute his
appeal with effect.

Give security.

1 6. Any person arrested under Section one hun-
dred and forty-three of this Article, who shall be-
fore the Justice before whom he shall be taken,
make oath that he believes that a fair and impar-
tial trial cannot be had before any Justice of the
Peace of the Tangier District, may have his case
removed to a Justice of Dames Quarter District.

Remove trial.

147. Any person who shall violate the provi-
sions of Section one hundred and thirty-nine of
this Article, shall be liable to indictment in the
Circuit Court for Somerset county, or may be tried
before a Justice of the Peace, but no person shall
twice prosecuted for the same offence.

Prosecution.

 

 

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Proceedings and Acts of the General Assembly, 1870
Volume 188, Page 3282   View pdf image (33K)
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