The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-02-17

place Of security, whore no chi ell keep Thorn until
hnai action is had therein. But no dwelling heuss
in which, or in part of which, shop Is not kept,
shall be searched, until at least one OF said com-
piainants shall testify to some act of sale OF intoxi-
eating liquors therein, by the occupant thereof or
by his consent or permission, within ct lease one
month the time of making said complaint, and
contrary to this act. And the owner or keeper Of
liquors seized as aforesaid If ho shall DO kno IN to
the omcer seiz'ng the same shalt BIO summoned
forthwith before tae chtice or j1dge by whose war.
rant tho liquors seized, and II he fails TO ap
pear, or unless he can show, by positive proof that
ssid liquors ere Of foreign production, that they
nave boon impor ed uader the laws of Toe U aiGed
Ssatcs, and in accordance there III, that they
contained Ia the original packages in which they
were imported, and in quantities not loss than tho
laws o. the United States prescribe, 10 casks
containing at least thirty gallons, they shall bs do
clhred forfeited aud shall bs destroyed by authority
OF the written order. to that effect of said justice
judge in his petepce, or 10 the presence of some
persoD appointed by him to witnoss tha destruction
thereof and who shall join with the officers by whom
they shall have been destroyed in sttestng tho fact
upon the back of the ORDER authority of which 1t
was done And If the owner or possessor OF any
liquors feized in pursuance Of this section sh all
up the claim that they have been regularly i'm.
ported under the laws of the United States, and
that they are contained Ia the original packages,
the custom house certificates OF importation, and
proof of marks on the case or packages correspond
Ing thereto, shall not DO received evidence that
the liquors contained in the said pa ,kages those
actually imported therein
SEQ II 1t shall be the duty Of any mayor, al Ter
man, supervisor, assessor, city marsha or deputy,
or constable, police officer, If he shall nfor
nation that any intoxicating liquors are kept or
sold in any shanty, hut, place of any kiRd, for
seihng refreshments in any public place on or near
the ground OF any cattle show, Agricultural exhio.
fiop military muster, or public occasion OF any
Kind to search such suspected place, and il such
officer shall find upon the premises asy intoxicating
drinks he shall seize them snd arrest the keeper or
keepers Of such place. and take them forth With, or
rs soon as may be, before some justice or judge Of
municipal polise court with the liquors found
or seized and on proof that such liquors intox
eating that they were found in possession Of he ac-
cused, in tent, shanty, or other place az afore-
said, be or they shall be sentenced to Imprisonment
in the county jail for thirty days. and the liquors
seized STALL be destroyed by order Of said justice or
judge.
SEQ IL. If any person arrested under the pro-
ceediDg section, and sentenced aforesaid, shall
claim an appenl before bic appeal shall be allowed,
no shall give bond in the sum of one hUnirod
he will prosecute his appeal and pay all 6ues costs
and penalties which may be awarded against him.
And if on such appeal the verdi,t Of the Jury shall
be sg ainst him, be shall in addition to the penalty
awarded by the lower court, pay a fiae OF twon5y
dollars In all cases Of appeal under this a,t from
the Judgment of justice or judge Of any municipal
or police court, to the county court, they shall be
conducted in said county court by the District At.
all costs taxable to the State in criminal proceed
ings under this act, in addition to the salary alo v
ed to such officer by law; but no costs in such
shall be RENTED or reduced by the pr0secut-
ing officer the court. In any suit, complaint, in
dictnent, proceeding, against any person for vio
laton OF any of the provisions Of this ac other than
for the first offence it shall lot be requisite to set
forth par ticulary the record Of former conviction
but shall DO sufficient to allege briefly that such
person has been convicted of q violation Of ths
fourth section Of this act, or as common seller, as
the Gaze may be, and such allegation in any civil or
criminal process in any stage of tho proceeding be-.
fore final judg mont, may be amended without terms,
ard as matter Of right
Sec, II All payment or compensation for liquors
sold in violation of law whether in money labor, or
other property, either real personal, shall BIO
lation OF law and without consideration, and
against law, equity and good conscience and all
sales, transfers and conveyances, mortgages liens,
or attachments, pledges and securities Of every
kind, which either in whole OF in part shall have
been for or account of spurious or Intoxicating
liquors. shall be utterly null and void against all
persons and in all cases, and no rights Of any kind
shall BIO acquired thereby and in any action,
either at law or equity, touching such real or per-
witness for either party. And no action Of any
kind shall be maintained in any court 10 this State,
either In whole or in part. for intoxicating or spirit
uoua liquors sold in any other State country
whatever; nor shali any action of any kind be had
or maintained in any court in this Stste for the
recovery possession Of intoxicating spintaous
Liquors, or the value thereof
Sec. Is. All acts inconsistent with this are hereby
repealed This net shall take effect on the frs.
Monday Of July next, and no license to sell intox-
eating drinks shall be valid from and after that
day.