New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-02-11
TEMPERANCE.
The Pending Anti-Liquor Law.

|
The Pendiag Anti-Liquor Law.
The following is a full copy of the bill
reported in the Senate on Saturday. 1t is, substan
TALLY, the Maine Law although differing in several
minor particulars
AN ACT cnt lied an Act TO Prevent Paupsusm aud Tara
Liquors
The People Of the State of Nsw.York, rspressntes IN
Senate and Assembly, do enact as foltors:
SECTION l. No person shall be allo we'd at any time
to sell, by himself his clerk servant agent, d.
recty or Indirectly, to sell furnish under pre-
tense OF giving, any spirituous or intoxicating
liquors, or any mixed liquors. part of which spn-
itous OF intoxicating ekcep, as hereinafter provided
intess quantities than thirty gallons.
SEC. The Supervisor OF any town, and sae
| Mayor of any CITY, on the first - OF -,
| annually soon thereafter may be con-
venient may appoint. some suitable perIon in
each town and city, ward of any city as tue agsht
OF said town, city or ward, 10 sell at some cenri
and convenient place. within said wn, city or wdia
spirits, wines, or other intoxicating liquors, 10 DC
| used for medicinal, mechanical and sacramenIai
purposes and no other and said agent shall receive
such compensation for his services as the ofcer ap
pointing him shall prescribe and shall IN the sale OF
such liquors, conform to such rules and
as the Supervisor Mayor aforesaid shall Prescos
for that purpose And such agent appointed as dore
said, shall hold his situation for one year unless
| sooner removed by the officer from whom he re-
cevsd his appointment, as he may be al any time AZ
| the pleasure Of said officer.
L q. d.
| the officer by whom he has been appointed, ausnor
izing him, the agent OF such town, city or ward,
to sell Intoxicating liquors for medicinal, mechanl-
cal or sacramento purposes only but such certih-
cate shall not delivered to the person appointed,
until he shall have executed and delivered to said Of
| fcer bond with good and sufficient surees in the
sum of six hundred dollars in substance as follows
KNOW all men that we -, as principal aud - as
suress held and firmly bound to The Inhabitants Of the
town tor city the may be) IN the sum OF SIX
hundred dollars TO be paid them to which payment we BIND
ourselves, heirs, executors and administrators firmly
Sealed with our Seas aud dated this - day of -s..
The condition Of this obligation is SUCH that, whereas
the above hounden - has been duly appointed an agent
aud on account Of said town. city ward, intoxicating
Liquors for and
removed from such agency now. If the said =, shall
all respects conform to the provisions OF the law re-
such rules and equations shall be from
meut then this obligation be void otherwise to remain
| in full force" .
SEC. 4. II any person, by himself, clerk, servant
or agent, shall at any time sell spirituous ntox
eating liquors, any mixed liquors, part Of which
are intoxicating, in violation of the provisions Of
this act he shall forfeit and pay on the first convic:
tion and the cost OF prosecution, and shall stand
| committed until the same be paid on the second
conviction he shall pay $50 and the cost of prosecu-
tion and shall stand committed until the same be
paid the third and every subsequent conviction
he shall pay $40 and the cost Of prosecution, and
shall be imprisoned in the common jail not less than
three or more than six months. And II any clerk,
the premises of another, shall violate the pro-
visions of this section, he shall be held equally gull
ty with the principal and on conviction shall suffer
the same penalty. But nothing contained in this act
shall be construed to prevent any chemist, artist
manufacturer in whose art Ortrade they may bs nee
essary. from keeping at his place of business such
reasonable and proper quantity of distilled liquors,
as he may have occasion to use in his art or trade
| but not for sale.
! SEC S. Any forfeiture or penalty arising under the
| above section, may be recovered by summons or
v1.tU knfn Irel ANIL hR Ind ua
| Of any Municipal or Police Court in the County
| where the offense committed. And the for
se &c 80 ONE the o.
! poor, after deoucting the costs OF prosecution,
| including Counsel fees and the prosecutor or COM
piainant may be admitted as witness on the trial
| And If any Supervisor or Mayor shall approve OF
| the commencement OF any such suit by indorsing
| his name upon the summons or complaint, the de.
fen6nnt shall IN no event recover any costs, Ann
OyerseeT Of the Poor of any city, and the Super-
visor or Overseer Of the Poor OF any own, to com
mence an action in behalf OF said town. city, or
ward, against any person guilty OF vocation of
any Of the provisions OF this act on being informed
Of the same and being furnished with proof OF the
| fact
SEC. g. In case the Mayor or any Alderman, or
Overseer of the poor or Supervisor Of any city or
ward the Supervisor or Overseer OF the foof o,
any town, shall fail TO perform the duties assigned
him by the last preceding section, any o.ner person
may assume and perform the same, IN the MANS Vi
the Oysrseer oil the poor, or Supervisor, by giving
cntes for the payment of all costs if he shall fail to
recover judgment, and making oath that the SAID
OverseeT or Supervisor has had (0) ten days notice
of the offense, and has neglected to prosecute the
| same and in all cases of such recovery under THIS
section, one half OF the SUN recovered shall go to
the complainant or person prosecuting Ii the name
! of such Supervisor or Overseer OF the Poor
SEC. :. II any person shall claim an appeal from
| judgment rendered against HIM by any Judge or
Justice trial of such action or complaint. he
shall, before the appeal be allowed recognize IN
! he euu
ties, III every case SO appealed, TO prosecute ms
appeal and to pay all costs fines and penalties that
may be awarded against him upon hnal disposition
| OF such suit or complaint And before his appeal
shall be allowed he shall also, In every case, give
bond, with two other good and sufficient sureiies,
running to the or CITY s ase the Ss % ws'
during the pe0dency Of such appeal violate any OF
the provisions of this act And no recognizance or
bond shall be taken In cases arising under TINS act
except by the Justice Judge before whom the
trial was had The forfeiture for all bonds and re.
cognizances given IN pursuance OF this act shall go
to the town or city where the offense was commit.
ted for the OF the poor and II the recogniLancos
and bonds mentioned In this section shall not be
given within forty eight hours after the judgment
the appeal shall not be allowed; the defendant in
| meantime to stand committed
SEC s. The Mayor of any city, and the Supervisor
of any town. whenever complaint shall be made TO
| them that breach Of the conditions OF the bond
| given by any person appointed under This acs mas
been committed, shall notify the person complained
OF, and If upon hearing OF the parties 1t SHAH ap.
pear that any breach has been committed they shall
| revoke and make void his appointment. And when
ever a breach of any bond given to the inhaonants
of any city or town In pursuance of this act, shall
| be made known to the Mayor and Aldermen, or SD
pervisor shall in any manner come to shefr knowI
edge they some one OF them shah, at the expense
and for the use OF said city own, the bond
to be put in suit IN any court proper to try the
same.
SIC O. No person engaged In the unlawful traffic
in intoxicating liquors, shall be competent 70 ss
upon any Jury in any case arising under this act
and when information shall be communicated TO the
court that any member Of any panel Is engaged In
such traffic. or that he is believed to be so engaged
the Cour, shall inquire of the Juryman OF whom
such belief is entertained, and no answer which he
shall make shall be against him in any case arising
under this act but If he shall answer falsely, he
shall be incapable OF serving on any Jury IN tbs