WILLIAM GRASON, ESQUIRE, GOVERNOR.

1839.

hundred and twenty-four shall or may come, either by
information on oath, or by personal observation, im-
mediately to arrest or cause to be arrested, the offender or
offenders, and carry or cause to be carried said offender or

CHAP. 32.

offenders before some justice of the peace; and in case the
offence or offences shall or may consist in a violation of the
provisions of the first section of said act, immediately to seize
and impound, or cause to be seized and impounded the pro-
perty declared by said act to be forfeited; and the same to
keep safely, or cause to be kept safely till condemnation
thereof is mads, as hereinafter provided.

To impound.

SEC. 2. And be it enacted, That on conviction of any
person or persons, of any offence or offences against the
provisions of said act of eighteen hundred and twenty-
four, before a single justice of the peace, said offender or
offenders shall by the said justice of the peace for the first
offence be fined, not less than five or more than twenty

Fine and com-
mitment.

dollars, and stand committed to the county jail till said
fine and the costs thereof are paid, unless the party ac-
cused shall give bail for his appearance at the next county
court, and the said judgment shall be enforced by execu-
tion from the county court, unless the said court shall

Unless bail be

given.

reverse said judgment; and for the second offence to be
fined as aforesaid, and imprisoned in the jail of the coun-
ty where said offence shall or may have been committed,
for not less than ten or more than thirty days, unless bail

For the second
offence.

be given as aforesaid; and in case said offence or offences
shall consist in a violation of the first section of the said act
of eighteen hundred and twenty-four, it shall be the duty
of the justice of the peace before whom said offender or
offenders shall or may be convicted, or before whom any
warrant issued for the arrest of such offender or offenders
shall or may be returned, non est, to enter a judgment of
condemnation against the property declared by said act
to be forfeited, and issue a warrant in the nature of a writ
of fieri facias, directed to some constable, or to the she-
riff of the county in which said offence or offences shall
or may have bean committed, commanding him to sell

Justice to enter

judgment of

condemnation.

said property; and on the receipt of said warrant, it shall
be the duty of the sheriff or constable to whom it is di-
rected, to advertise and sell said property, in the same
manner as if he were executing an ordinary fieri facias,
and apply the proceeds thereof in the manner pointed out

Sheriff to ad-
vertise and sell
property.

by said act of eighteen hundred and twenty-four; provided
also, the defendant shall have a right to appear at any
time before the sale of the said property to warrant, when

Proviso.