The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-02-03


vyffits aud other IN oxlcatin :
o9f0r medicinal, mechanical, a tbs.
tai purposes only. These persons
lAform to prescribed rules and to make re
fOn oath or Affirmation OF the quantity sold, TO
Dkbaa, for what purposes, and at what pne The
Z prt6t is not u be more than eight per cent The
appointment is 10 De for one year subject % removal
blythe appointing Judge for any violation OF the cot
N,Ierson TO be Appointed but legal voers 81 the
slnty or city, and no keeper OF boarding house,
vituapg house, baIrooIn, confectionery, lou, tav-
On, billiard reom, wing saloon shooting gallery,
IuseUm theatre, or other place Of public entertain.
nent or Amusement.
Section third prescrbes the form of the certificate
to be given by the judge, and the conditions of bond
TO be given by the appointee, the latter 10 be with
two good and sufficient securities la the OF
ST ,000 The bond prescribes the conditions of the
sale of liquor in compliance with the provisions OF
4 the act
Section four imposes penalties, first for the sale OF
Ally liquor in violation OF the act On the first
viction fine Of $40 with s co Is Of prosecution aud
ten days Imprisonment; for the second conviction
$40 fine with costs and three months imprisonment,
and for the third and every subsequent conviction
$50 fine with costs, not less than three nor more than
| six months Imprisonment Secondly, IL any one shall
keep suffer TO be kept on his premises for the pur
pose Of sale, any liquor &C., he shall be fioed $780,
with costs Of prosecution, be imprisoned thirty days.
and such liquor shall be seized and forfeited upon
| trial as hereinafter provided.
Section five prescribes that complaint shall be
made in the name of the State before any justice OF
the peace. In case Of fne one half goes 10 the in
former and the other ha TO the State. The inform
er may become a witness for the State 0y waving
his right TO onehalt the fine. The rest OF the section
provides against more than one complaint or ildg-
ment for the same offence.
The sixth section provides for appeal from the
decision OF the justice to the circuit court under
recognizances OF 500 TO appear aud prosecute the
appeal and pending the same not to violate the pro-
visions of the act. Failing TO give such bond the
party is to be committed TO jail until the recogni-
zances be given or be be discharged by order of
law. In cases Of appeal, the Judgment OF the cir
cult court to be final.
The seventh section requires the States attorney,
upon complaint of breach Of the conditions of the
bond by those appointed to sell, to the bond to
he put in suit the moneys accraing from such suits
to be cisposed OF as provided
Section eight provides that no person shall be
allowed to manufacture, or to be comlnon seller of
liquors, without appointment under q penalty Of
500, with costs Of prosecution, and, in default Of
payment, sixty days imprisonment; and on the
second and every subsequent conviction toe penalty
to be $500, with four moths imprtsonmeut. These
penalties to be recoverable before justice OF the
peace for the first offence end in the circuit court
for the second and subsequent offences. Three sew
era sales OF liquor to different pelso to the
person, constitutes common seller within the
meaning of the act. But nothing ia the act is TO DE
construed to prohibit the MAI ufaetule sale of
cider in quantities of not less sbau gallon,
the manufacture of wine or malt liquors for domestic
use OF distilled spirits n exploration, for sale
by the sppoinfees of the act.
Section Dine authorizes search warrants to be S.
cured in the day time for liquors 30 be described in
the warrant and believed on oath Of any competent
witt ess to be held in any house or place or SALE con-
traIy to the provisions OF the act. Any liquors so
found TO be kept ard upon conviction Of the party,
to be destroyed and the casks to he advertised and
sold in execution, the proceeds TO be disposed Of
as provided. In the event OF the acquittal Of he
party the property seized is to be returned to the
place from whence it Was taken. No search warrant
to be issued for spirits or liquors until warrant shall
have been issued against the supposed owner there
pf fcrE bon GaryrC IN he rarf ,ah Homo
contrary TO the aet and upon conviction, and appeal
and fua decision against the appellant, liquors seized
upon search warrant shall be adjudged forfeited aud
destroyed All reasonable charges for storage of such
liquors t, be taxed in the costs the defendant
But nothing in this act is to be construed to prevent
the keeping OF any liquors of foreign production
in the original packages in which they were i'm
ported.
The tenth section provides that in all cases in which
the defendant shall fail to prosecute his appeal the
liquors seized shall be destroyed and the recognzan
ces forfeited.
Section eleven requires the justice, in cases Of ap
peal. to hod the witnesses for their appearance
under Iecognizances Of fifty dollrrs.
Section twelve provides that in complaints for the
violation OF the act it shall be necessary to specify
kind or quantity or time of sale or manufacture OF
liquors; but proof of such violation the substance of
~bich is briefly set forth, and within the time
tiored shall be sufficient for conviction Nor shall
it be necessary to set forth record of former convc.
ton, but il may be proved ss if set forth. Nor
shall 1t be necessary to particularly describe the
packages or kinds of liquors TO be searched for and
all defecs in the complaint may be amended by the
justice or the court to which appeal may be made.
Cases of appeal to be argued by the States attorney
or by attorney appointed by the appellate court.
And in all cases ia which the appellant is required to
pay the costs he is TO De taxed ten dollars for the
prose cuting attorney.
Section thirteen confers full power upon justices
within the city or county within which they reside,
to proceed to trial. render judgment pass sentsc CO.
and awsrd warrant for execution in all cases under
the fourth ninth and tenth sections Of the act.
The fourteenth section allows the Justice fifty cents
Tor each bond taken; and the officer one dollar for
every seizure Of liquor; and for removing, al care
and custody Of such liquors ore dollar, to be taxed
in the bill Of costs against the defendant upon his
conviction.
Section fifteen gives one half of all fines an for.
eures to the complainant and halt to the State.
Section sixteen requires ali persons taking out
license for the prosecution OF any business to take
and subscribe on oath or affirmation that they will
not violate the PROVISIONS of this act during the con-
tDusnce of such license such oath to be recorded
ard to be used in Of such violation as sufficient
evidence that the party has been guilty of perjury,
for which offence he is to be liable to Indictment aud
trial and upon conviction 10 suffer the penalty
im1osed for tie crime OF perjury by the laws Of this
Stte.
Section seventeen invests the Circuit Court In and
for Baltimore city with power to make appointments
Of prsrs to cell liquors in this city, and foally to
dispose of all cases Of violation OF the law in
this city, under appeal; makes it the special
duty Of the sheriff. his deputies, constabes watch
men and police officers, to arrest, without COM
plant first made before o magistrate, any
person actually engaged in the commission OF any
offence in violation OF the act and to seize all liquors
exposed for sale at the time Of such offence, and to
take the person before justice Of the peace and to
store the liquor so seized, and both offender and
LIQUORS to be dealt WITH If action had been had
Ger complaint and warrant Any person arrested I'M
derthe provisions Of this act and acquitted TO be La
BILE for COSTS and to be entitled to any legal costs
in making his defence.
The eighteenth section make the provisions of the
act include all alcoholic, vnous, malt nd feImented
liquors. and all mixed liquors, part Of which is alco
holic vipous, malt, or fermeDted
Section nineteen prohibits tie issue Of any license
for the sae OF intoxicating liquors hereafter, and
quies al licenses for other purposes under which
such liquors have heretofore been Sold expressly to
except the same hereafter, and repeats all acts ard
parts of acts inconsistent with the provisions of tls