The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-02-26

upon any jury In any case arising under this sct.
And when information shall DO communicated to the
court, that any member OF any panel is engaged In
such traffic, that he lie believed to be 90 engaged,
the court shall inquire Of the juryman Of WHOM such
belief is entertained, and no answer which he shall
make shall be used 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 this
State but he msy decline to ans wer in which case
he shall be discharged by the court trom all further
attendance as q juryman.
SEC 10 All cases arising under this sct, whether
by action, indictment, or complaint, shall take
precedence In laid court of all other business ex.
cept those criminal cases in which the parties are
actually under arrest awaiting Q trial; and th |,
court and prosecuting officer shall not havs
authority to enter aotie proseqxi, OF to put tn,
cause over in any case arising W der this sot, ex
cept when the purpose of justice shall require 1t.
SEC. ii. If any three persons, voters in the town
or city where the complaint shali be made, shall,
before any Justice of the Peace or Judge of any
Municipal or Police Court, make complaint, under
oath or affirmation, that they have reason to be-
ieve and do believe, that sPirituous or intoxicat
ing liquors, by some person not authorized to sell
tho same in said city, ward or town, under the pro-
visions of this act, are kept, or deposited, in any
store, shop, warehouse or other building, vessel
float or place in said city, ward or town, said JUS
tice or Xdge shall issue his warrant of search to
any Sheriff, City Marshal or Deputy, or to any
Constable, or Special Marshal or Constable, to be
appointed BY the Judge or Court, who shall pro-
coed to search the premises described in said war
rant, and If any spurious or intoxicating Ii
quors ere found therein, he shall seize the same
and convey them to some proper place of security,
where he shall keep them until final action is
had thereon. But no dwelling house in which, or
IN part OF which, shop is not kept, shall DO
searched, unless at least one Of said compliments
shall testify to some act Of sale Of intexic eating
liquors therein, By the occupant thereof, by his
consent or permission, within at least one month
n ma az ipU aaid nj nj Mt ord
trary to this act. And the owner or keeper Of
lquorP, seized as aforesaid If he shall be known
10 the officer seizipg the Same, shall be summoned
forthwith before the Justice or Judge by whose
warrant the liquor was seized, and If he fails to
appear, or unless he can show by positive proof
that he lawfully holds under tho provisions of this
a,t, they shall be declared forfeited and shall be-
destroyed by authority of the written order to that
effect, of said Justice or Judge and in his presence
or IN the presence of some person appointed by him
to witress the destruction thereof, and who shall
join with the officers by whom they shall have been
destroyed, in attestDg the facts upon the back of
the order by authority of which it was done. And
the person in whose possession the liquor was
found, shall pay the costs, or stand com mitted
until paid.
Sec. IL 1t shall be the duty OF any Mayor, Al
dermsn, Supervisor, Assessor, City Marshal, or de-
putty, or Constable, or police officer, if he shall have
inform alton that any intoxicating liquors are kept
or sold In asy tent, shanty, hut or place of any
kind, for selling refreshments in any public plase
tural exhibition mill sary muster, or public occasion
Of any kind, to search suoh peccd place, and if
such officer shall find upon the promises any intoxi
eating drinks, he shall seize them, and arrest the
keeper or keepers of such place, and take thom
forthwith or as soon as may be- before any Justice
or Judge Of Municipal or Police Court, with the
liquors so found or seized; and upon proof that
such liquors intoxicating, that they were found
in the possession oftbe accused, in tent, shany,
or other place as aforesaid, be or they shall pay
the costs ofprosecuton, and shall be sentenced to
imprisonment in the county Jail for thirty days. and
the liquors so seized shall be destroyed BY order of
ssidjustice or judge.
SIC. b. lfany person arrested under the preceding
section, aDd sentenced as aforesaid shall claim an
appeal before his appeal shall be allowed he shall
give bond in tho sum Of one hundred dollars, with
two good and sufficient sureties, that he will prose-
cute his appeal and pay all fines, costs and penalties
which may be awarded against him. And il, on
such appeal the verdict Of the jury shall be sg ainst
him, he shall, in addition to the penalty awarded
by the lower court. pay fine Of twenty dollars In
oil cases of appeal, under this act, from the 1dg
ment of Justice or Judge Of any Municipal or Po-
lice Court, to the CouHty Court, they shall be con
Quoted in said County Court BY the prosecuting
officer of the govern nent, and said officers shall be
entitled to receive all coats taxable to the State in
criminal proceedings under this act in addition TO
the salary allowed to such officer by law; Blu. no
costs, in such cases, shall be RENTED reduced by
the prosecuting officer Of the curt. In any suit,
complaint, indictment, other proceeding against
any person for violation of any of the provisions
OF tklS act Otper tnan TOT the hfSt OenCe, IL snail
not te requisite to set forth particularly the record
Of former conviction but it sbs all be sufficient to
alege, briefly, that such person has been convicted
of violation Of the fourth section Of this act and
such alegsii in any civil criminal process, in
asy stage Of the proceedings, before final Judgment.
nsy be amended without. terms, and as a matter of
right.
SIC. IA All payments or ocmpensasions for
liquors sold in violation of law, whether ID money,
labor, or other property, either real or persosa,
shall be held and considered TO ave been received
In violation of law and without consideration, and
against Law, equity and good conscience; and all
sales transfers, and convey ances mortgages liens,
ettscbm ents, pledges and securities Of every kind
which either in whole in part shall have been for,
en- account Of spirituous intoxicating liquors,
shall be utterly null and void against all persons
and in all cases ard TO rights Of any kind SD all be
acquired thereby and in any seton, either at law
equity, touching such real personal estate, the
rurcnaser Of such liquors may be a witness for
either patty. And no action OF any kind shall be
maintained in any court in this State, either in
whole or in part. for intoxicating or spirituous
liquors sold in any other State country whstever
nor shall Any action Of any kind be had or main
taiHed in any court in this State for the resovsry
or possession Of Intoxicating spirituous liquors,
or the value thereof.
SEC. Is. All acts inconsistent with this act sre
hereby repealed This act sh Ill take effect the
FIRST Monday of July next and no license to sell
Intoxicating drinks shall be valid from and after
that day.
Superior Court.