16 cient bond in the penal sum of three hundred dollars 17 conditioned that he will not knowingly sell any intox18 icating liquors except for mechanical and medicinal 19 purposes, and shall further make oath that he will in 20 good faith comply with such rules and regulations as 21 shall be prescribed for him as aforesaid. SEC. 2. If any person without being appointed and 2 qualified as aforesaid, shall sell any intoxicating liquors 3 in less quantity than the revenue laws of the United 4 States prescribe for their importation into this country 5 and that delivered and carried away all at one time, 6 or shall give away any such liquors in any boat, ves7 sel, shanty, store, shop, victualling establishment, tav8 ern, boarding house, or their appendages, he shall 9 forfeit and pay for each and every quantity so deliv10 ered, sold, or given away, the sum of twenty dollars 11 and costs of prosecution, and on failure of the pay12 ment of said fine and costs, shall be imprisoned in the 13 county jail for the space of sixty days, unless the fine 14 and costs aforesaid, be sooner paid. SEC. 3. If any person without being appointed and 2 qualified as aforesaid, and having been before con3 victed of violating the second section of this act, shall 4 on indictment in the district court be again convicted 5 of another offence against the provisions of said sec6 ond section, he shall forfeit and pay the sum of twenty 7 dollars, and costs of prosecution and shall further be 8 imprisoned in the county jail for the term of three 9 months. SEC. 4. If any person without being appointed and 2 qualified as aforesaid, having been convicted of two 3 or more several offences against the provisions of said 4 second section, shall on indictment in the district 5 court, be again convicted, or shall on indictment in 6 said court be convicted of three or more several of7 fences against the provisions of said second section, 8 he shall in addition to the fine of twenty dollars for 9 each offence and costs of prosecution be imprisoned 10 in the county jail for the term of six months. Pro11 vided always, that no person shall be imprisoned for 12 more than one conviction at the same time. SEC. 5. If any person convicted before a justice of 2 the peace or any judge of any municipal or police 3 court of violating the provisions of the second section 4 of this act, shall appeal, he shall before his appeal be 5 allowed, give bond with two sufficient sureties to the 6 inhabitants of the city, town or plantation where the 7 offence is alleged to have been committed, in the sum 8 of three hundred dollars conditioned that he will pros9 ecute his appeal and pay such fine and costs as shall 10 be imposed upon him on his final conviction and that 11 he will not violate the provisions of said second sec12 tion during the pendency of his appeal. And if any 13 person convicted on indictment in the district court 14 for violating the provisions of this act shall file a bill 15 of exceptions, shall move in arrest of judgment, or on 16 motion for a new trial shall obtain stay of proceedings, 17 he shall before his bill of exceptions or motion be 18 received by the court, give to the treasurer of the 19 county wherein the offence is alleged to have been 20 committed, a bond with two sufficient sureties in 21 the sum of five hundred dollars, conditioned that he 22 will prosecute his said motion or bill of excep23 tions to final judgment and abide the order of court 24 thereon, and that he will not in the mean time violate 25 any of the provisions of this act. SEC. 6. The court before which any process may 2 be pending under the provisions of this act shall have 3 the power to suspend sentence of imprisonment or 4 order a perpetual stay of the execution thereof. Pro5 vided, the court shall receive satisfactory evidence that 6 the person convicted will thereafter wholly abandon 7 the sale of intoxicating liquors as a drink. SEC. 7. Prosecutions for the violations of the sec2 ond section of this act may be commenced by com3 plaint by any person who máy see fit to do so before 4 any justice of the peace or judge of any municipal 5 or police court or by indictment before the district 6 court; and no nolle prosequi shall be entered in any 7 case arising under this act without the consent and 8 direction of the judge before whom it may be pending. 9 And the fines which may accrue under this act and 10 the forfeiture of any bond given in pursuance of the 11 provisions of this act, shall be paid to the treasurer of 12 the city, town or plantation in which the offence was 13 committed, and be appropriated to the support of the 14 poor thereof. SEC. 8. It shall be the duty of the mayors and al2 dermen of citics, selectmen of towns and assessors of 3 plantations to commence proceedings against all per4 sons who shall violate the provisions of this act within 5 their several cities, towns and plantations whenever 6 testimony shall be furnished them, which in their 7 opinion shall be sufficient to procure conviction and 8 the burthen of proof shall be upon the defendant, 9 where not guilty is pleaded to prove an appointment 10 and qualification under the first section of this act. SEC. 9. The thirty sixth chapter of the Revised 2 Statutes and an act explanatory of the thirty sixth 3 chapter of the Revised Statutes, passed February 15, 4 1844, are hereby repealed. Provided, nevertheless, 5 that all proceedings under said act that may be pend6 ing when this act shall take effect may be prosecuted 7 to final judgment notwithstanding the passage of this 8 act. |