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

" ulttuue VINO bsk IOr the law.
Your committee are aware, too, that many oil
those potitioning women. So far from this bcng
an objection, 1t is strong argum ent in favor of the
law. No class suffers SO much and SO directly from
the traffic as they The wages which should support
them and their families, too frequently 70 to bruta-
lie their husbands and swell the profits Of the seller
OF intoxicating drinks, whose remonstrauoe is vr-
tua petition that he may be still allowed to beggar
and crush women and children, BY selling intoxca-
ting drinks to besotted husbands and fa theirs.
Your committee believe the time has come when
the questions must be met. On the side of the 70
monstrants is capital on the side Of the petitioners
is virtue and intelligence. Appealed to by suffering
poverty and crime, it remains to be seen which will
be listened to- In response to the latter, and in the
belief that the legislation asked for is the only
Of any use which can and will be sustained, your
committee recommend the folio wing bill
JOHN WHEELER,
ALFRED N. HANKR.
AN ACT,
ENTITLED AN ACT TO PREVENT PAUPERISM, CRIME
AND TAXATION, BY TIE SUPPRESSION OF DRINK.
ING AND TIPPING HOUSES
The Pt0pe of The State of NeO York, represented
~ Senate and assembly, do enact as foloWs:-
SEcTIoN No person shall be allowed, at any
time, to sell. by himself, his clerk, servant, or
agent directly or indirectly, or to sell furnish,
under pretence of giving any spirtuous or intoxi-
eating liquors, or any mixed liquors. part of
which ia sprituoas or intoxicating, except as here
matter provided.
Mayor of any city, on the first Tuesday in June
Annually, or as soon thereafter as may b. con-
yenent, may appoint some suitable person, who
shall not be an inn or tavern keeper, in each
town and city, or ward Of any city, as the agent
OF said town, city or ward to sell at ne central
ard convenient place within said town, city or
ward spirits, Wines or other intoxicating liquors,
to be used for medicinal, mechanical and saora-
mental purposes, and no other; and said agent shall
receive such compensation for his services as the
officer appointing him shall prescribe; and shall,
in the sale Of such liquors, conform to such rules
and regulations as the Supervisor or the Mayor
aforesaid shall prescribe for that purpose. And
such agent, appointed as aforesaid, shall hold his
situation for one year, unless sooner removed by
the officer from whom he received his appoint
ment. as he may be at any time at the pleasure OF
said officer.
SEC 3. Such agent shall receive Q certificate
from the officer by whom he has been appointed,
authorizing him. the agent Of such town, city or
ward, to sell Intoxicating liquors for medicinal,
mechanical or sacramental purposes only; but such
certificate shall not be delivered to the person SO
appointed until he shall have executed and de-
livered to said officer bond, with two good and
sufficient sureties the sum of six hundred dollars,
in substance as follows
Know all men that we - as principal, aud -
and - as sureties, are held and firmly bound TO
the Inhabitants Of the town Of -, Cor city, Is the
case may be in the sam Of six hundred dollars, to
be paid them, to viii ii paymen. We bind ourselves,
our heirs, executors and administrators, firmly by
these presents Sealed wish.our seals, and dated
this obligation is such, that, whereas, the above
bounden - has been duly appointed an agent for
the town, city or ward of -, to sell, within and
for, and on account Of said town. city or ward, in
toxicatirg liquors for medicinal, mechanical and
sacranental purposes, ard no other, until the -
Of - A. -, unless sooner removed from
such agency. Now, if the said - shall in all
respects conform to the provisions of the law, re-
latipg to the business tor which he is appointed,
and to such rules and regulations as now are, or
shall be frcm time to time, established by the
officer making the appointment. then this obliga.
ton to be void, otherwise to remain in full force
SEC 4 If any person, by himself, clerk, servant
or agent, shall at any time sell any spirituous or
Intoxicating liquors, or any mixed iq aors, part of
which are intoxicating, IN violation OF the provi-
soLs OF this act, always excepting the manufsctur
er or importer, who may sell to such agent or
agents, or to persons engaged in chemical or me-
cEanicsl employments for their specific objects,
to such person or persons as may be conducting or
transporting the liquor or liquors to some place in
out of the State for lawful sale) he shall forfeit
and pay on the first conviction ten dollars and the
cost Of prosecution and shall stand committed until
the same be PAID on the second conviction he shall
pay twenty dollars and the cost Of prosecution AMI
shall stand committed until the same be paid; on
the third and every subsequent conviction, he sh all
pay twenty dollars and the cost Of prosecution, and
thall be Imprisoned in the common Jail not less than
three months nor mere than six months; and II any
clerk, servant, agent or other person In the employ
provisions Of this section, he shall be held equally
guilty with the principal, and on conviction shall
suffer the same penalty.
SEC. 8. Any forfeiture or penalty arising under
the above section may be recovered by the action
Of debt or complaint before any Justice of the
Peace, or Judge or any Municipal or Police Court,
in the county where the offence was committed.
Andtbe forfeiture recovered, shall 60 to the town
or city where the convicted party resides, fer the
use of the peor after deducting the costs of prose-
cuton, including counsel fees; and the prosecutor
or complainant may be admitted as witness on
the trial And If any Supervisor O! Mayor shall
approve Of the commencement Of any sucn suit, by
endorsing his name upon the summons or plant,
the defendant shall, In no event, recover any costs
And it shall be the duty of tho Mayor and Alder
men, or Overseer of the Poor OF any city, and the
Supervisor or Overseer OF the Poor Of any town,
to commence an action in behalf Of said town, city
or ward, against any person guilty OF viola lion OF
any Of the provisions OF this act on bsing informed
Of the same, and being furnished with proof Of the
fact.
SEC 6. In case tho Mayor, or any Alderman, or
Overseer Of the Poor, or supervisor OF any city or
ward, or the Supervisor or Oyersser OF the Poor Of
any town, shall fail TO perform the duties assigned
him by the last ding section, any ether person
N ay assume and perform the came, IA the name OF
the O seIseer of the Poor or Supervisor. by giving
security to the court or officer before whom he pro-
seeues for the payment of all costs il he shall fail
to recover Judgment and making oath thai sueh
Overseer or Supervisor has bad Q0) ten days no
the same; and in all cases Of such recovery under
tLis sec,ion onebai Of the sum recovered shall 60
to the complainant or person prosecuting IN the
name Of such Supervisor or Ogerseer OF the Poor.
SEC. II any person shall claim an appeal from
jud smont rendered against him By any Judge or
justice, trial Of such action or complaint he shall,
before the appeal be allowed, recognise 10 the sum
Of one hundred dollars, with two good and sufficient
suretes in every case so appealed to prosecute ms
appeal and pay all costs, fines and penalties that
may be awarded against him upon final DISPOSE.
tion Of sui, or complaint. And before his appeal
shall be allowed, he shall also, In every case, give
bond, with two other good and sufficient sureties,
running 10 the town or city where the offence was
committed, IN the sum Of two hundred dollars that
be will not, during the penaency of srch appeal vi
olate any Of the provisions Of this act And no re-
cogpizance or bond shall be taken Ia cases arising
under this act, except BY the justice or judge before
whom the trial was had The forfeiture for all
bonds and recognizahces given in pursuance Of this
act shall 20 to the town or city where the offence
was con p1tt,d for the use Of the poor; and If tho
recognizances and bonds mentioned in this section
shall not be given within ferty eight hours after
A.. .l~ ~ nh oil ~ ha oil A.