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

ft<H k<ZkfsfsN< Sor"S>-'~~, 49, -
.cr n n>.sos to DE Manufacture and sac Of i"''ne's
o,u,. ~ w. y,,s ,eprsesteS "a Senate
. aad Asesbsy Do eaad az f'0@rs'
Al Noperson shalt hereafter, either person
Az hx ne CLERK servsns agent or partner
reey manufacture Or se eny % go Of ,hs County in
ses ~ ssuor Is % Be msaueured OF sold a. lnaer
krs eIscutsd By hrnsef with TWO - ~ ~. s.oe
ssts 70 3 gprG ,y 81 we Si one Judge.
Cshs Courf OF Common Pes and scsno ~
before oeer suthSrsa 70 Az va cost w nav b.
"a .ssir I'm IN any action % be corameDced gnds5
y Of this act nor l q sa ne fas oS he
is nee sueh hquori manufactured or sold or kept
I .. RsePs ose su 81 s seSn seet above the
rcS Of tie ground, sign upon which painted IN con
sr6cuous Roman leteTs the lame OF snea persn ana M
..se nav kj '1nto1icsting liquors according 70 law
az Any person authorized the Last seeron prescribed
may ed Intoxicating hquors IN TIE following cases -'a 10
Upon the certificate off practcpg physician residing
m bs County where liquor sold IN al acjonlns
County that absolutely Necessary for the use 81
sme person upon whom he 10 actually IN attendance az
Inc name and redeDee Of such person and the kind and
azsrfty OF liquor required, and the date OF the giving
Aereo aud The '.me shall Be .abscbed by the phyHesn
NTH bis name and place Of res dsDce.
Upon the wrtten order OF AR maBuf tdrer nee ls1ic
artist o. chemist Specifying the kind and quantity OF qnor
required and stating that the same % nee sary IA the MAJ
sfse,sre trtde business Of the person svns such
order sud sabserbed by such with hs name and
psse OF business But liquor shall be sold upon any s1cS
o,der Un "A fhs vsrsoE TO the presented -
be supphed shall bs,e IN hs pose~on cstheste uosr
ga r the County Clerk OF tie County IN which the snu
Stsr, md. NJ, or usnes Of te u giving sgch order
has tied he office Of SAID CLERK wntteD si1avt or
affirmation taken before some officer zed 70 albums
ter oasbs that lie ia engaged ia some Danotscure TRADE,
art or business IN tbs prosecution 81 winch intoxicating
hesor sneceary for OIL er than a. 0eve-
rage every such Adsvt or affirmation shall be spec'
Gsd The nd Of sch trsde art buzness the
pa<e where the carried the depce OF the per-
PersoDs engaged therein and the kind OF lao ne
upon the written order Of any clergyman or church Of
fesr residing the County IA which such b1aSr 500 or
IN az adjoining County stating that he same required Tor
saeIsfns purposs IN the church Ot which the person
sy,ps such order the minister officer and specifying
s pse and location Of the church AID toe qua0tiy Of
hquor required subscribed with the name and residence
Of the psIsou giving the zane -, -,
executed and filed the undertaking precnbed BY the hfs
sethon Of this act PROVIDED the pei"oo by whom such laoi
y the County Clerk OF the County ia which such unds
taking fled that the son Ole IN has Office sad has
duly executed ard approved IN said section re- red
And in such order shall be specified the kod and quantity
Of the liquor required the shah ~ suDscno-d by
Che person giving the same with his name and place Of ous
as Every person who shall manufacture rss havsef
h, -, of sov provision OF the Of the proceed
secops Of this act shall upon conviction be adudged guilty
on s m, seensspor and shall be punished ~ follows
For the FIRST oese by tine OF not l-ss than clio more
than t75. a..
For the shrd and every Subsequent oense by ine Of
lees than 60 nor more than sIo and by npnsoan'nt
lor not len than months than month";
In default Of payment o, any he ipp9'so amer
,. Pc.s Dot '''''0"' Two D''' - ''' ''''
Wb.,e,sr spv p.r.on shall be convicted OF the sec
ono or sny subsequent oense AGAINST any provision Of te
preceding u shell BE- the duty OF the Court be0re
winch such conviction - had 10 require OF Toe ~
enter undertaking IN such SUN not less than eloo
nor moro than gut "A shall be IA by IN COun, with
sufficient be approved by the Court for N. good
~. L. ka ~ IN uTf ~
tepd.nt until sach undC ns given Every such
esrtltDs shall be flied the Office Of The CLERK Of the
County within which such conviction had within thirty
DAYS aftar the "a me gwen subsequent convection OF
any otse specified IA the third section s1l constitute
breach Of such undertaking
90 Any Justice OF the Peace, Police Justice, any
Judge Justice Of any iucnor Court exercising the cfim
nal jurisdiction q Justice OF the fesee and any
hold Csut for the ral Of offences speced m the tlfd
section and 70 hesT Try and determine c,ses Tor sueh on
snces punish the persons convicted thereof a. pro
weed said and for such purposes where no sPecis
provision Is otherwise made BY law, such Court 'hai BE-
Conrts OF Record s.ai No magistrate sh. be
required 70 tske the examination OF any person brought be-
fore him charged with any such offence.
Whenever any person charged with suy such ohs
sbsl be brought before any such Msgsste conain IN
writing aud upon oath shall be taken by the Msxsrate an
hess such penop sa have been srrrsied upon wNrapt
The charge thus taien ssted IA the waant ss Dc
read 70 he desndant aud be shall be required To plead
thereto II he not guilty the Court shall proceed 10
try neh determine the upon the evidence
odneeo ssnns, ard Ia behalf OF the defendant Adjourn
meats may be granted for god shown but such .s
tournaments shs so IN tie whole exceed ten days Ia de
fault Of bail ~ appear and ABIDE the judgement OF The Court
the aes GIANT shan 10 committed At the time Of joining
issue e defendant demand that the .sme be tired by
Jury and ereuron the hike shall be had Is are
provided ty law 10 trials rs jury before Courts
Of SPECIAL Sessions The complaining witness may appear
upon s with OF withou, counsel ana prosecute the con-
plant in behalf OF the people Of this sae The Court
shall keep nnucsof Tho Proceedings testimony and nde.
msut which shall be subscribed by tie Magistrate holding
snch Court.
az Two or more such offences may bs charsed by thu
sane complainant IN any o. T: N, sSs,; S'
same pet.on OF re'ns and SHAH e 's =, sns an
osenes of which &c they sha he oonye ied upon sep
convictions bu, such oAvnces sa al DC considered a'
olthe same degree,
s> svel pendng before OF dnTins the uia OF
aheI conviction and before snenea that tbs "a
iis Stale ston thereof shall be entered upon Inc
MINUTES and Judgment shall be rendered aIoa taoA CON
pl.,nt fr the secoad thid offence. - the cSe may o.
no~iths,nndns the same sha hsve beon charged a.
such Notice OF the entry OF such susseson DC sNet
h. oisea tSercupoo the ane shah be tired in th'
manner as the issue Joea on t.e sonA ,I "a, ~
tine OF joining issue TIE defendant may ac'AAa mai '
same be used BY sJaTy,
saA eertiicste under the hand Of any MAgstEab'
ss.ng any such ocnse ehAsod against any pooA ad "a
soBvetop and Judgment thereon shall be e'Ssaee "a a.
eSurts and places OF the cis stated therein But No saf
certificate shall BE- entitled 20 b. rad IN evidence ~ s
ss, ssl,ss there s be sabjoined thereto cert
under ths hand ana oc al sl OF the Clerk OF me Cry o.
C0gnty where such Mss'siTse re-e- that such
=, the tae saeh vston. daly qualified sna act
T a. ssh MsSstFule ana san ssk - W. seasaIn 4
vi,h Toe ha1dwzitng Of saeA Mssixtcto snd vesf De
syes thai the spatefa 30 ssch cersks~s o. eoaseneA
Enolne.
tlo ANY psrsou convicted Of any otenss aercan be
fore provided nay within days sfeT his eoasaeoa CIV
written pcfiee 70 the Magistrate heere whom he was con
scted that he n,epds appeal 10 the Court q Sessions
the County which such oouvlSen Mas bad and tners
spen 4 shall be the duty OF such Magistrate 70 taSe tor
sch person. ii the same he oaered undertaking IN sue
,am nos les than hrnduvd dolaTs, no oe thAn nv
hundred dollars ss shall he hxed oN SUCH MSsasaN w.
ssd nretieS or surety to be approved by such
At he will appear before the Court 81 Sessions 1t the mex
term theFroL and abide ITS Judgment or order uon snch "
pna lpon RECEIVING such notice such MAztstTse sAa
&fthwth cause the o; Ute ni1l SHd coaNicto
ken by him together with such endetskin< II tue sa
gwen, 90 he filed in the oftce OF the County Gers
pen receiving such undertaking, such Magistrate sAa
sVehs the execution 81 the scnseace upoa sue
.onvieson, II the deiondsn; be imprisoned N paTsr
OF such conviction, saeh Magtstrate shall give
raHSste hat saek undertaking has been given, an