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


The Proposed New York Isrwor Lrv.
AN ACr entitled act to prevent pauperism,
eritne ana taxation, by tho suppression OF tho
trsic In Intoxicating liquors
The Peqe n tie Hsgtc Of N,p York, represented
in Strdte aud dsse,lRy, 10 emit rs foH1,cs:
SECTION No person shall bs alto ged at any
time to SELL by himself, his clerk, servant agent,
crectiy or indirectly, or to sell or furnish under
pretence OF giving any spirituous in .oxissting
liquors, or any mixed liquors, part OF which Is
spiiituous or intoxicating, except as hereinafter
provided
SIC The supervisors of any town, and the
mayor OF any city, ON the FIRST --- of
- annually, or as soen thereafter as may
be convenient, msy appoint some suitable person in
eacn te~n and city, OF ward OF any city, as tho
agent Of said town, city, ward, to sell at some
central ard convenient place, within said town,
city, or ward spirits. wines, or other Intoxicating
liquors., to he used for medicinal, mechanical and
sacraDental purposes, and no other and said agent
shall receive such compensation for his services
the officer appointing him shall prescribe; and
shall, In the sale Of such liquors, conterm to such
rules AID regulations as the supervisor or the
mayor aforesaid shall prescribe for that purpose
And such agent, appointed aforesaid, shall hold
his situation for year, unless sooner removed by
the officer FROM whom he received his appointment.
as be may DO at any time At the pleasure Of said
,ficer.
SIC 3. Such agent shall receive a cersiicate
from the officer by whom ne has been appointed,
authorizing him, ss the agent of su,h town. city or
ward, to sell intoxicating liquors for medicinal,
mechanical or sacramcntal purposes only; but such
certificate sha. not be delivered to tho person so
appointed, until he shall have executed aad deliv
cred to said officer bond, with good and sufficient
sureties, IN the SUM of six hundred dollars in sub
stance as foloWs-
Know all men that we - as principal, AID
- as euretes, are held and firmly bound to the
inhabitants Of the town Of -, Cor city as tho
may be) in the sum Of six hundred dollars, to
be paid them to which payment we bind ourselves,
our heirs, executors and administrators firmly by
these presents.
Sealed with our seals, and dated this - day
Of "A d.
The condition of 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, AID on account Of
said town, city, or ward, intoxicating liquors for
medicinal, mechanical and sacramontal purp ,sas,
and no other, until the - Of A. D.,
- unless sooner removed from such agency.
Now, if tho said -- shall in all respects con-
form to the provisions Of tho Law relating to tho
business for which he is appointed, and to such
rules and re2ul atoms as now are or shall DO from
time to time established by the officer making the
appointment, then this obligation to be void other
wiEc to remain in full force.
SEQ. II any person. by himself, clerk, servant,
or agent, shall at any tine sell sprituous or ntox
eating liquors, or aay mixed liquors. part of which
are intoxicating in violation of the provisions of
this act he shall forfeit and pay, tho FIRST con-
viction ten dollars and the cost Of On and
shall stand committed until the same be paid; on
the second conviction he shall pay twenty dollars
and the costs Of prosecution, and shall stand COM
mitted until the same be paid; on the third and
every subsequent conviction he shall pay twenty
dollars and the costs Of prosecution, and shall be
imprisoned in the common Jail not less than three
or more than six months; and if any clerk, servant
agent, or other persons in the employment or on
the premises Of another, shall violate the prov-
siops Of this section, he shall be held equally guilty
with the principal, and on conviction shall suffer
Sec. s. Any forfeiture or penalty arising under
the above section, may be recovered by summons
or complaint before any justice Of tho peace or
judge OF any municipal or pelce court in the
~ where the offence was committed. And the for.
feitule so recovered shall 60 to the town or city
where the convicted party resides for the use Of the
rcor, after deductiDg the costs of prosecution, in
GLIDING counsel fees; and the prosecutor or COM
plainant may be admitted as witness on tho trial
And if any supervisor or mayor shall approve Of
the commencement of any srch suit by endorsing
bis name upon the summons or complaint, the de.
iendant shall in no event recover any costs And
1t shall be the duty OF the mayor and aldermen or
overfeer Of the poor Of any city, and the sup,rv-
sor CT overseer OF the poor of any town, to COM
merce an action in behalf Of esii town. city, or
ward, against any person guilty Of violation Of
any of the provisions Of this act being infor
OF the sane, and being furnished With proof of the
fact.
Sec 6. In case the mayor, or any alderman or
overeecr OF the poor, or supervisor of any city or
ward or the supervisor or overseer of the poor Of
any town, shall fail to perform the duties assigned
him by thelast preceding scction, any other person
may assume and perform the same, in the name Of
the overscer Of the poor or supervisor, by giving
surety to tho court or officer before whom he prose-
cutes for the payment Of all costs, If he shall fail
to recover judgment, and making oath that the
said overseer or supervisors has had QO) ten days
notice OF the offence and has neglected to prosecute
tho same, and in all cases of such recovery under
this section, half of the sum recovered shall 20
in in tha
nsme OF such supervisor or overseer Of the poor.
Sec. 7. II any person shall claim an appeal from
ajudgment rendered against him by any judge or
justice, on trial OF such action or complaint, no
sum Of one hundred dollars, with two good and suf
cient sureties in every case SO appealed, to prose
cute his appeal and to pay all costs, oes aud PEN
alties that may be awarded against him, upon q
final disposition Of such suit or complaint. And
before bis appeal shall be allowed, he shall also, in
every case, give bond, with two other good and
sufficient snreties, runningto the town city where
the offence was committed, in tho sum Of two hum
dred dollars, that he will net, during the pendency
Of such appeal violate any Of the provisions Of this
act Aud no reccgnizanco or bonds shall be taken
In cases arising under this act, except BY tho jus
tee or judge before whom the trial was had. The
forfeiture for all bonds and recognizancss given in
pursuance of this act, shall SO the town or city
where the ofenco committed, for the use OK tho
poor, ard II the recogrizaEccs and bonds mentioned
IN thia seoton shall not he given within forty
be allowed; the defendant il the meantime to stand
committed.
SEQ. s The mayor Of any city, ard the super
visor OF ony town, whenever coms laint shall bo
made to them that breach ofthe conditions OF tho
bond gwen BY airy pciFon appointed under this a't,
las been con mttcd shal' notify tie person com.
planned Of and ituIop n hearing OF the parties il
shall appear that airy breach hos been comnit.ej,
they ah all revoke and make void his appointment.
And whenever breach Of auy bond gwen to the
Inhabitants Of any City or town. II pursuance Of this
act, shall be mace LNoGn TO tho mayor and alder
mer. or supervisor, stgll in any manner come to
their knowledge. they o. some one of them shall,
at tic Expense and for the use Of said city or toEn
corso the bord to be put IL suit ia aug cJur. proper
to g. tic same
Sec 3. No person engaged il the unlawful trait,
IN Intoxicating liquors. shalt be competent 70 sic
upon any jRfy Ia ems case arising under this act ;
ard, when inform alton shall DO communicated to
the court that any nomber OF any panel is engaged
in such traffic. or that Lie is believed 60 be 50 en-
gaged, the court shsll inquire ef the juryman Of
whom such belief 10 entertained, and no answer
which he shall mako shall 10 against him In any
case srsipR under this act but Ii be shall angye