ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

753

commissioners fails to pay over any fine as aforesaid, upon con-

viction in the circuit court for said county he shall be fined

double the amount received and not paid over, and shall stand

committed till fine and costs are paid, and unless said fine is

remitted by the governor within sixty days from the date of the

conviction, one-half shall be paid to the school commissioners

and one-half to the county commissioners of said county.

SUB-SEC. 11. If any. defendant feels aggrieved by the judgment

of a justice of the peace trying any case under any of the sections

or sub-sections of this article concerning liquors, intoxicating

drinks or cider, he may appeal to the circuit court for said county,

upon entering into a recognizance to appear in said circuit court

as in other cases; but if he shall make oath that he is unable to

furnish requisite securities for his said appearance, he may have

the case reviewed by any judge of said circuit court under a writ

May ap-

habeas corpus; provided, that said judge is satisfied that such

peal.

defendant is unable to furnish such securities; and, provided,

that the said court will not be in session for more than ten days

from the filing of his petition, and provided, that the justice will

not be the personal recognizance of the party; in all cases when

an appeal is taken while the said court is in session, and the

record can be sent up before its adjournment, the appeal shall be

heard at such session, if the defendant appealing will deposit the

amount of the fine and costs, he may appeal and recognize at any

time within thirty days from the date of the judgment, and if he

appeals and recognizes within thirty days the money shall be

returned to him.

Approved April 8, 1890.