The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-22

Act for the Suppression OF Intemperance.
The following Is abstract Of the act bearing the
above title offered BY Mr. Harris, JAM O. 1854 in the
Assembly of the State Of New York
Section hrst provides that every person who shall sell
keep for sale, directly indirectly intoxicating Hquor
shall upon eonviotion be adjudged guilty Of misds-
Be punished in addition, for the frs offence not than
fifteen dollars ncr more than hundred dollars for
the second and subsequent offences by ne Of not less
than twenty dollars nor more than three hundred
dollars, and BY imprisonment Of less than thirty days
nor more than months. Upon every conviction the
In default Of such the defendant shall be com
mitted until they are paid
character, who not pedar keeper of boarding
house, any place Of public entertainment public
amusement may keep and sell Intoxicating liquor for
mechanical, medicinal or chemical purposes, wine for
seamenta use provided he shall have previously Hlsd
In the clerks office Of the town where liquor Is to
be sold, declaration oath Affirmation taken before
said clerk setting for the town and ward in which he
intends to sell such liquor AMI declaring that he 10
ting LIQUOR and viii not Dsdar nor
te,tsted In inn, tavern boarding house, vcruAng
house. provision sore fruit store baroom confectioa
cry or any place OF public enterta interested In
any Ii satre museum, other place Of public amuse
men and will not violate any Of the provisions Of this
act.
Section third provides that any person SO authorized
may sell pure intoxicating liquor for such purposes
to DO used on the premises In the following
Fist, to any person OF the age Of twenty years
being Of good character for sobey and inhabAnt OF
the town in which such liquor Is sold adjoining
town or ward In all cases in which the person selling It
shall have good believe that the same in
tended BY the purchaser to be used in other way
than IS hever.se and not 10 be disposed Of or to Be
lied to sell such LIQUORS In the last section provided
Section fourth provides that Courts Of Special Sss
Offences to punish the persons convicted thereof and
whenever. such persons shall be brought before any mags
not te to take tn. q such psrs
but shall proceed to hiAl Notwithstanding such person
nay not have requested to be tried by such court Dolly
1t the time OF Joining issue either party may demAna
that the fame be tried by jury Upon such trial the
complainant may appear with or without counsel and
prosecute the plant behalf Of the people Every
county judge police justice OF every village or CITY, Is
authorized to hold Court Of Special Sessions for the ra
OF such offences Costs shall be allowed upon judxmeut
Of aaimsnce ia the supreme Court of conyicios hsd
before any Court of Special Sessions Tnese may be
ceived by the District Attorney fer his use and Is
default Of payment thereof the defendant shall be
misted. Is provided in the first section
The ah section provides that 1t shall be ths duty of
peer and the right Of every other person. whenever
shall have knowledge that any offence has been
ms'sa asans. any provision Of TINS ,es 70 sompisn
II any person, other than such officer, shall not make ont
p,d facie case upon the trial OF such complaint, the
cosr shall render udg against such pers for COSTS
and issue execution thereon In the same manner In
civil actions.
Section six provides that one or ore such offences
may bs chars ed by the mplan az ains the
person and shall be tried at the time; and the per
son or persons charged shall be pun he'd for each offence
OF which he or they shA be convicted upon
convictions but such oiences shall be considered Of
the same degree.
the hands OF any magistrate stating any such offence
charged against person and the conviction and ug
mont thereon shall be evidence, in all courts and plscss
Of the facts stated therein No rush certificate shall
entitled to be read In evidence in other county than
in that In which the magistrate shall reside unless there
shall be suboined thereto certf,ate under the hand
and official seal Of the clerk of the city county that
suoh msgstr At the time Of such conviction quail
flied, and acting such and that such clerk believes
Section Gig nth previces that every issued BY
magistrate for the spprsh Of acy person ohsr
cd with the commission OF such offence, except such
Ne provided BY the second section, shall contain
nand to the officer TO whom 1t Is directed vi proper
PERI charged and seze all liquor found therein shall
be the duty Of the officer to mako search seizure
person persons charged All liquor 80 seized han b.
kept In some safe place to DO disposed Of as hereinafter
provided.
oath affirmation ihau be made to any ay ste BY
any three credible persons residents of the tow city
toxicang liquors posted iaen sale by any
person not authorized to sell the same In any place with
IN s.e tow Q, upon Any x.ts. adj cant with
be the duty Of sur forthwith to issue
rant commanding the officer to whom the shall bs
the daytime and to sezs AL found therein. Blu
shall be issusd except upon poof that ntox
with hts consent within month before he time Of max
ing such complaint.
Section tenth. shall be the duty OF every proper Off
cia to arrest any person whom he shall actually
gagged in the commission Of any such offence, and to
seize all liquor exposed for sale q the time and paos Of
the o; tn. offence AID to convey such per
son before the ms sistrae Of such city or town
Section eleventh provides that every such octal shall
search Any place where he may have reason to suspect
intoxicating liquors kept for sails, at any
place OF exhibition or public o,eason Of any kind, and
such liquor be found to seiss the same and arrest tbs
therein and forth With take them before any msgisrse
having jurisdicton to be dsat with according to law
II Is the duty Of every ocsr BY VIII the saiz
may DO made to make complaint on oath against the
person arrsstsd and prosecute such complaint to udg
Section twelfth provides that whenever any liquor shall
he seized under provision Of this ac it sha be the
duty Of the officer BY whom tire seizure il made except
In where the has been seized TO give notice
to him Of raid seizure Such notice shall be served by
delivering the same to the personally by avng
the same at his usual place o. residence II this owner
be not known his place Of residence be not known
such notice hall be served by delivering the any
person Of mature residing in the place in which
pouous place upon the outside Of such place. copies
OF such notice hAn forthwith be conspicuousy posted
Section thirteenth provides that all liquors seized uu lar
any provision Of this act except in where ne
owner thereof shall have been arrested shall be kept
stored for two weeks sfsr service and posting OF notices
after which time upon due proof Of su,h service and
sostng such liquors shall BIS adudg d forfeited unless
they shall have been claimed as hereinafter provided
And al liquors which shall have b.en found In the pos
session of who shall have bsen arrested for
violating any provision Of the his section and seized ard
vcfion Of taio person adjucged forfete by the court
The fourteenth section provides that any psrson may
any time before forfeiture present TO the above
msgistrae an affirmation in writing, that such liquor
1T the time OF seizure actually owned BY hin, a
perfon named By him; that he suoh persoo had not
become thereof for the purpose Of preventing
Its forfeiture and that the had not been kept for
ss '11 ,0 sps !, the for which Il was
to appoint time and plaos try such claim. After
hearing toe proofs and allegations unless tbs claimant
show by positive that such liquor foreign pro-
ducon and according to the laws OF the United
states, the Hsne shall be Adjudgsd forfeited.
Upon the trial OF such claim the custom house csrta
Gates OF importation and proofs OF marks the casks
packages corresponding tkereo shall not be resolved
sufficient evidence that the In said pKsk
ges those actually ted therein The claimant may
demand that the same be tried by uy Toe court shall
have power to issue process to compel the attendance Of
wtn and to punish for attendance witnesses
or jurors
Section teen provides that whenever yment shall be
rendered upon any such claim adversely TO the claimant
he may within four days thereafter give written motto,
to ths magistrate by whom ouch Judgment rendered