New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-10-17

I'm. .sno rn,s,i b,,l action is mad thereon But no
dazzling house IN which, or IN ptrI OF whicn siop
Is of spt shall DC searched unless a. 4e1st o1.e
sand complaIn,s shall testify = some act OF sale o.
,n,ox,capn, cuors therein by the occupant thereoi
or nv h.. consent or permission, within AZ iesl one
months Of the time Of making SAID compliant nuu
the owner or kserer OF said liquors sezed ~ aIofe
said If he shall be known 10 the othcti scIAns ne
sane shall be summoned forthwith before me JuSu'e
CT nudge by whose warrant the liquors were sshei'
ard II be fails TO appear, or unless re Can s..J "
positive proof, that SAID liquors are " o,.'1t 70
ductlon. that they have been imported uhuei w
laws Of The United States. and IN accoruahce
wlth-.hat they are contanee IN Tie oTlgna M
c6s n which they were imported ana IN duAIA.I.se
not les thar the laws OF the nted states pIesVH.o'
the, shall be declared forfeited. and shall be de-
stroved by authority Of the written order 20 iha'
effect Of SAID justice or Judge and IN his presence
or IN the pre- sence of some person appointed oy nl
TO -sltress the destruction thereof and VINO snalI
ION sllh the officer BY whom they shall have )cen de
Sroyed aeStiDg that fact upon the back the or
der Nv authority Of which II was done and me owner
OF keeper of such liquors shall pay a hue ot twenty
dollars and costs or stand committed Tor thirty DAYS,
In default of payment, II IN the opinion o. the co3r'
said liquors shah have been KEEP; or deposited FOR the
purposes of sale And II the owner or possessor OF
any liquors seized IN pursuance OF TINS >ecuon, shh
sci up the claim that they have been regularly I'M
ported under the laws OF the United states and tnat
they are contained In the original packages, tue
Custom House certificates or importation ana proofs
OF marks on the casks or packages correspondents
thereto shall not be received as evidence th@t ,he
LIQUORS contained IN said packages are those ac'uahN
imported therein. -,
sc 10 1.-THE owner. keeper or possosSor Of ID
ouors seized under the provisions Of TINS ACT saan
he unknown to the officer senng the same, tnsy
shall not be condemned and destroyed uh'ii me
shall have been advertised, VITA the nuulpcr dll ut
srrrtion Of the packages as near rs maybe fcf 80
weeks by posting up written description OF the
same IN some public place, that al sucn iluois are
actually the property of city or town III the stare
and were So at the time OF the seizure, purchased
for sale by the agent of SAID city or town for medic
lnal and mechanical purposes only, IN pursuance
ri the provisions Of this act they may not De DESTROY
81 but upon satisfactory proof OF such o"nersAp'
within sand tw weeks before the Jusuce Drudge oy
whose authority said liquors were Selzeds iI ustce
or nudge shall deliver 10 the agent OF sa'I cry OF
town IN orcor 10 the officer having SAID liquors IN
custody whereupon said officer shall denver them u
said agent taking his receipt therefor upon the BACK
of said order, which shall be returned 10 >ad justice
or Judge. , .
od as aforesaid, shall appeal from the Judgment OF
anv justice or Judge by whose authority the SEIZURE
was made - the district court, before ms appeal
shall be allowed he shall give bond IN the sum
of TWO hundred dollars with two good and sufficient
suretes To prosecute his appeal and TO pay all nnes
and costs which may be awarded against nm ana
IN the ease Of any such appeal, where the quantity
of houors so seized shall exceed five gallons II the
final decision shall be against the appellant that
such liquors were intended by him Tor sale, ne
shall be adMdged by the court acoamon seller 81 IN
toxcating liquors, and shall he subject 10 the penal
tie proyldcd Tor N section eight OF TINS act and sii
LIQUORS shall be destroyed as provided Tor IN section
eleven. But nothing contained IN TINS act shali DC
construed to prevent any chemist, artist or manta'
turer IN whose ar, or trade they NAV be necessary,
from keeping az his place Of business suchTeasonaoe
a, & proper quantity Of distilled liquors as he may
have occasion 10 use IN his art or trade bur MOI Tor
sale.
Syc "a II shall be the duty OF any Mayor Alder
man. Seectman, Assessor, City Marshal or Deputy
or Constable, II ne shall have information that any
intoxicating liquors are kept or sold IN any tcnl,
shantv hut or place of any kind for selling refresh
mcntS IN any puLc place on OF near the ground OF
any cattle show, agricultural cNhoition, mntarN
muster, or public occasion o. any kind. to search
such suspected place, and If such officer shan find
uron the premises any intoxicating drinks, he shall
seize them and arrest the keeper or keepers OF such
place. and take them forthwith or as soonas may be,
before some justice Judge of municipal or police
court with the liquors SO found and seized and upon
proof thai said liquors are intoxicating, that they
were found IN possession OF tie accused III a tent,
shanty other place as Aforesaid, he on they shall
De sentenced To Imprisonment IN the county jail for
thirty DAYS and the liquors seized shall be de
strOyed by order of said justice or Judge
SEE Is. Ii any person arrested under the prcco-
ding section and sentenced aforesaid, shall claim
an appeal, before ms appeal shall DC allowed, ne
shall give bond IN the sum OF one hundred dollars,
with Two good and sufficient suretes, that he Will
prosecute his appeal and pay all fines, costs and
penaltcs which NAV be awarded against hum. And
II on such appeal the verdict of the Jury shall be
against him. he shall m addition 10 penalty Wayded
by the lower court, pay fine of twenty dollars. In
all cTSes of appeal under ths act from the judgment
OF a Justice Judge OF any municipal or police
court Ia the district court, except where the pro-
ceedDg by action Of debt they shall be conducted
in said distinct court by the prosecuting officer OF the
COVE rmeutand said officer shall be entitled - re-
cclvc all costs taxable TO the State IN all criminal
proceedings under this act addition 10 the salary
allowed 10 such officer by law-but no costs N such
cases shall he RENTED reduced by the prosecu-
ting officer or the court I'm any SUIT complaint, IN
dIctmen or other preceding against any person for
We lation OF any OF the provisions OF TINS act, other
than for the frs. Ofense IL shall not be requisite 70
set forth particularly the record Of former couyic-
tOn, bu shall 0o sufficient 10 allege briefly thai
such person has been convicted OF violation OF the
fourth section OF this act as common seller, as the
ease may be, and such allegation in any clyll or
criminal process IN any stage of the proceedings be
fore Gnal judgment, MAJ be amended without terms
and as matter OF right.
SEC 10. All payments or compcnSat ons for ii-
quors sold violation Of law, whether IN money, Ia
Dor or other property either real or personal sal
be held and considered 10 have been received IN W
Olaion Of law, and without consideration, and
against law, equity and good conscience, and all
sales, transfers and conveyaaces mortgages, liens,
attachments, pledges and securities of every kind,
which either ia whole or IN part, shall have been FOR
or account OF spfltuous or lnoxlc ttlng liquors,
shall be utterly null and void against al persons and III
all cases and no rights OF any KIND snail be acquired
thereby and IN any action either at law OF equ-
~, touching such real personal estate. the pug
chaser of such liquors may be witness for either
party And no action of any kind shall be maintain
ed IN any court in thls state, either IN whole or IA
part for intoxicating SpirltuOus liquors sold IN any
other State or county whatever, nor shall any ac-
ton Of any kind be had or maintained IN any cour.
in this State for the recovery OF possession OF nt0x-
cating or splrItuOus liquors, or the value thereof
SEC. L. Ali the provisions OF this act relating t.
towns shall be applicable 10 cities and plantations
and those relating to seectmen shall also be apppi-
ed 20 the Mayor and Aldermen OF cities and Asses
.OrS OF plantations.
SEC Is The act entitled an act to restrict the
sale Of intoxicating drinks approved August sixth
Dre thousand eight hundred and ortysix.Is hereby
repealed, except the thirteen sections from section
en- TO section twenty two inclusive, saving and re-
.eVng all actions other proceedings, which are
already commenced by authority OF the same and
All other acts aad parts Of Inconsistent With ihs
lcs are hereby repealed This act to take effect
rom and after ~ approval by the Governor.
Such l. the Law which the people OF Name have
nacted for the protection Of themselves and their
lnstertY from the cnrse of Intennerancc The fol.