New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-01-26

| n,sn - pesied from sh.E be affirmed wiki costa
iI Whenever any p rson shall Be oo9vstsd q any Of
which shs have been gwen by such persn soch goaerx
iss sss be deemed forfeited sad the court before Which
ssn &c spe. s to s " he c SS
in which such undertaking fed and Il khA BE- the duty
ofueh Dret Az ,r1ey e Hroses1te sa mil
all suf ul to collect the amount thereof and n al
judgments rendered upon geh rt.Einss ,hsre .A Be
included double which shah be received b. the Dis
triet Attorney 20 his own use
sI2 All intoxicating liquors which shaI be E1uflct1red
kept intended for sale, contrary 70
Of this ball be forfeited the People Of this state and
upon beDs sdju1sed forfeited as hereinafter PzoTdsd s.
be destroyed, together with the vessels N which the sane
is contained al the time Of the seizure thereof
Is Whenever complaint On oas or sf1nsf on s9al De
prsyded IN t b .etion Of his act Of the commits. on Of
any offence specified 10 the third section Of this act It shall
r he spprebenson Of The person or persons charged with
such ofsoe and to him or them 70 be brought
him TO be deaf with according 10 ag S2eh warrant snail
also contain command to the officer 70 whom the sane
directed with proper assaDcs forthwith TO search
The store dwelling house and of the person
therein with the vessels 10 which the is cOntnet
1t shall be the 6uy Of the officer to make sDeh search and
notwithstanding he may Dot b. able 20 nod or arrest
the person penOBs charged All liquor ssized 70
ssther with the vessels in which the found shall be
stored and kept safe and place TO Be DIS
| posed Of a hereinafter provided
IA Whenever il shall appear upcn the r, or after t1s
conviction Of person CHARGED with any such offence At
the pef.O1 charged the partner clerk, servant or
agent Of other psron "a respect 70 the act constituting
II
warrant fo the OF such other Peson aud the search
Of his premises; bLd the Proceedings snail be had
thereDpon upon warrant issued upon an original com
us Whenever complain: on oath or affirmation shall be
made any Mags By three residents
Of the city where the complaint y made that they
have eye, and 90 believe that noxc4fns IL
quors manufactured kept deposited intended
Ion ale by suy person not authorized manufacture sell
Tho provided IN the rsf section OF TINS SCI IN any
place w.i.oev.T tn ..iG sty o. TOM or gpUI iS
boUndsrJ thereof IL shall be the duty Of such Magistrate
forthwith warrant nsndDg the officer 70 whom
the shall be directed with proper a.sist@ e. forthwith
diligently search such IN the day tune sod 10 sete
al liquors found therein together with t~ vessels WIN
which the ooDtzned and 20 store the ssme 70
safe snd eniet plsce 70 be disposed OF a. oers n
after provided But such warrant snail De ssleo 70
shall testify to soE act OF ct. ercusuces which,
in the opinion oiuch Mazasse or ere suHie en resoa
ably induce beheftat intoxicating hluor hss been SO
thef.n by the occupant thereof or with ms consent withp
one month before the time of nasns such complaint and
are then kept therein intended for sale Whenever any
such coupsDt shall he made to any such Magistrate, il
shs be hi. outy examine sucn complaints and y IN his
opinion there good 20 suspect that such lior
Kept OF deposited intended for sae contrary TO the Provis
ions tins act by any pesons who shall be nad
or described 20 him tie warrant Of search stall $50
nsud The officer whom shall be directed .p
pehsnd such person and bring n before such Masirate
| 10 be dealt with according 70 law
" IL So Re the duty Of evory Sheriff, Under shc-a,
Deputy shtn Constable Marsha or Policeman 70 Arrest,
snd sny citizen may arrest any person whom he shall
actually engaged IN the CO IN Of any such ocpse, and
sze all bguor exposed for sale Il the TINE and place OF
tie sioD Of such ofcnse, and forthwith 10 convey
such person before any such Msysrze OF the city
town. the liquor seized some safe and con-
y,ueut place 10 be oisposd of as hereinafter provided
a. Whenever any liquor snail be seized under pro-
OF tins act shall be the duty OF the Officer prs IN
by whom such seizure u nnde 10 ave wnttcu
uce 20 the thereof OF the o. such liquors
which stall be described ~ such notice a. az ~ may Be-
the Of the MagstrAte by whom the
of seizure under the last scuJn before
whom the person arrested earned and the name and
The tne OF such zure. Such notice snail served BY
delivering Il 10 the personally or by leaving
lie sAsue at Lislsst OF usual place Of rcsdeScs with per-
H. r
be known cannot he fund aud place OF resdenoe
he moi kpowu 10 the oier suc notice sal be served by
delivering the same TO any person OF mature age residing or
beng Oytd III tire place IN winch slch no con-
tanned, such be fond by posting the IN
ooDs place the outside Of such place and cop
les OF such NOTICES CONTAINING disruption OF the place
winch such liquor found snail Ia ali forthwith
be cosicGouhy posted n AZ least two plbe places WITHIN
Sls Al liquors seized under any proyson Of this act,
shall be keti stored weeks ser aud postns
notices required by the last section, after which tins
uyon proof Of such service posting By the rctIn
Of the oiccT endorsed upon tho OF search By
other tia, effect such liquors shall be al adged
forfeited BY the Magistrate named N notice
such proof shall be n.Gde, anless they shall have been
claimed a. hegtiDaiter provided
49, Any person ney, at sny time before forfeiture pre-
the Magistrate named in such affidavit
Affirmation IN writing stating thai such liquor al tue tune
person named by HIM Tor whom be /. agent that he OF
sueh pIsou had not become possessed thereof for tse
been tnro kept Intended for sale contrary
rIoVsloIs OF tbs tic beet Of his knowledge and o-
4 sS sss $ & e E u y' s M, :.
fohw 18th 70 appoint time aud place for the PePose OF
such claim and 20 notice thereof be given
the teron upon whose complaint the warrant Of
sesIch Issued OF by whom such .:izure was made AT
q TIME and place appointed such Magistrate shall hod
CouIt ior the a OF such claim ana shall hear the proofs
md allegations offered in support o. and against the
Court or Jury that such liquor been lawfully snufsc
tuItd and came lawfully into the possession o. the person
clauins the same aid by him for lawful purposes
the sa. shall be sddg,d orfeed and judgment sln Do
rendered sssiDsthe claimant for the eos and N default Of
payment thereof esecunon shall be issued therefor against
bis property and person. Upon the trial Of such claim IT
the nsn shs sefe that the liquors seIsd have been
regularly imported Uud-r the laws OF the United Stairs >nt
ia they contained in the gina packages the Custom
House eerhestes of importation and proofs Of marks
ce,ed suciehi evidence thai the liquors contained
sad pseksfes those actually impaired theren Tho
claimant may the time Of making such clam. demand
that tie same b, ed by Jury AZ tereGponthe hike pro
oeeonss shall be had 70 rsPec thereto are provided ~
Law IN relation ua by Jury before Courts OF Spec a.
Sessions The Court sna keep minutes a. the proceedings
and Judgment upon saeh clam. which shall be
sulscnbed BY the Magistrate holding III Court
S0. Wksnever judgment shall be rendered upon any
such claim adversely claimant lao may, within four
WON ."ch Judgment wa. rsnae.ei thai h. aseal. q
appeal teIcOu the County Judge Of the County with
ssesi unIess such appellant deliver
10 srSh Mss undertaking. with sure
lies TO be srrroyee BY such MAsiste that Il a ID
fsnder1d against hun upon such appeal ana execution
iheFrupOn be rctuTnedEsAtshed wh.e IN part the,
VIII Pay the amount unsai,ssd Upon the giving of s1o
notice arc urdrT4ips Ell further pToeees mrs soa such
sss., "a !. ,ysq sSa a. ,ssa sIps' 1 ave sssn
eutioo herinanrI rgov,ce&
IN Whenever Doi,ce u appeal and saacrt4lns aha
Re gwen ANY MssuAle the sss section Prosidec
shall b. the duty OF such Magistrate send BY the oc-
who shah have ised such hq1er, other ooe III
minutes taken by h upon the tsl OF such eag tosetae
with the appeal and und-rtas ing such County
jsase, who shall tlereupou by order appoints place .ad
tine ll lcs than tto than twenty days tAereste
fol bessls such appel and shall deN eE such order
Officer TIE officer saa within tive days thereafter,
eoyy Of such oISer upon the claimant ssd upon each on
4 Of tie compliments, ard make return therrOf
County Judge H. shall also make oath before saeh Maz
CT Tire delivery OF sach minutes, notice, and ua4el
the C0enty Judge IL tie clS naat fails apes
he and place pbnted for hearing appeal tn
shall be dismissed and the JuGuut appealed rur
Z. shsll he affirmed II he sppes the appeal shall be bear
& upon minutes GsVen 20 the County Judge, and
te decided within twenty days taeFeGer The Coant
\ gpdre shall his decision. thsg With TIE
ard undertakng, BE- forthwith hlod the Office
the Cnrr.x Ilal. md luasincnr shal D. .,.reL -r-nn