The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-21

. v.nszs Il arrest - ssSss, - ssrsinssssrs pc
zee n. whsnsvsr any person shAn appear Or -
brought before any Asistats provided in the two
Yecsekg ,essions, skin be Inc duty Of such magis.
AID TO examine him for The purrose Of asosrtainipg
vhsther any offence has BEEN committed against any
provision Of this act sush shall refuse 70 -
nwern Or a@rned to any question pertinent
10 srsh sxsmissfon he shall 10 eoum.ted 10 the
non jail there to remain until he shall consent to b
sworn or aMrned or % answer. II such examina-
ton shs appear that any such offence hes been
mittsd within the Jurisdiction Of such magistrate, IL
cdes and the search Of his premises before
provided II IL shall appear that any such offence has
sueA magistrate it shall his duty to reduce such
nnstisn to writing, and forthwith certify and send
dission a the oderes charged, who shal tssreupOn
proceed relation 70 such complaint in the same man
nsr az tns ane had been made before nun a.. a.,
section Of thssc shall be collected, IL shall BE- paid to
the overssers Of the Of the town in waih the Of
fence vas committed for the support OF the poor in
such cases when such expenses are para oy the town.
and when the poor supported BY the couny then TO
See Is Whenever : magistrate or jury before whom
aIy snplsint for any offence or any Calm shall be
from the evidsS % and ccssngs had before him or
then, that the complaint made without probable
sush magistrate or jury may render verdict aeaiust
tbesesmplnant for ccss, including counsel fee to de-
nor more than tan dollars; and il sa.h com, rainsut
shall rot forthwith, demand, pay such costs, he
ab.n b committed to the common jsil Of the county
until the shall be paid not exceeding day for
eaeh dollar for the amount thereof.
See. a. No person who aha i have been convicted Of
shan he engaged in the sale keeping Of Intoxicating
Equor COZ to the provisions Of this act shall 30
clam action andsr any provision Of this a.t; and
when Information shall be communicated to the court
trial. been convicted or is eng aged ia such un.
lawful sale OF keeping OF 10 believed TO have been 80
scnvictcd to be engaged, shall be the duty OF thu
0raOn in
thereto and NO answer that he may make shall
ssa 'siD;s ~ in amy .sSon civil s, or
under any provision Of this act, except upon the
TRIAL Of indictment for perjury out he may decline to
In which he may be BY the
from al further attendancs jurymsn such trial.
See 26 No shall be naintainsd to recover the
value possession Of any intoxicating liquor sold TAX
en-, 6ssired, Or injured. unless the plaintiff shalt prove
that such qaor sold according TO the provision of
this act or was kept aud Owned by hi for lawful pur
poses.
See. 20 Any person may xa.intAn a,ton to
any ey paid the vslue of any services labor
rendered dore the value possession Of any pro-
perty assigned conveyed in payment for liquor sold
contrary to the provisions OF this act by the husband
and every such saion he ); xas@
such money psd services labor rendered done,
property assigned Or conveyed not party to the
witnefs to any matter pertinent to such act,n any
married woman may comm ence and nia,ntsin such
action In her name, with without the consent OF
Sec a. an securities and evidences of debt Of what.
u
OF liquor sole contrary to the provisions this act shall
void as between az parties having notice there
action instituted upon any such security or sviience 81
debt the phintif may be- called to prove such notice.
party calling him shall mako him such, by exa mining
him ~ 70 other matters.
Fec % Every person who shan sell any liquor, in vo-
Attcn Of provision Of this act who shall furnish
any liquor to be used beverage shall be 5s for all
damages which may happen result thersfrom
ether sho sn anv LIQUOR Ia osnsa 10
any provision Of this act the husband wife, guardian
shan nioncas Or cause SUN person persons to Be
into xcAted and it shall OF be in any such
ds to which put the
AEsees the OF the plaintiff therein; any spe
eiai dsmsss may le shorn Any married woman may
without the consent Of her husband Upon the trial Of
any sueh acton, The persoa to whom iuch liquor was
husband OF wife of the party All damages recovered
BY minor in any action commenced under this Se,on
shall % .hs propsrty Of such miaor and shan be ap
Pied wards his support and education to avesed
c1 his benefit by the guardian OF such minor appated
Fec. So In all cases in which the RICH. to com.
neDes any civil action |. given By this at, TIE
justice OF the pesce 10 any inferior court or court
Il record having original civil jarisdictoo or in
session Of personal property shall be brought in any
esurt Of justice Of the peace any inferior court
law and svdspcs - other civil actions as Ssrs
b otherwise provided Inevsry such action
shall rot exceed fifty dollars he shall rot recover
costs thsn damages Execution may Do issue1 aaains.
both person and property upon any judgment rendered
See. 81 Whenever judgment shall be obtained II any
y wae 81
and execution upon such judgment shall be returned
u,:.saed IN whele or in part OF Whenever any ans
mi. .st .hsll remain unpaid the party IN vha.s
ihs ds tict .ttorney Of the county in which susn con-
victicn bad, shall In bhaf Of the people, institute
such undertaking and may judgment there.
n for the amount % remaining ursatshed unpaid,
be liable hes ond the amount OF ave hundred dollars
Sec 81 Upon tbs trial Of complaint civil action
sale Of liquor shall b suicsnt to sustain an sve1msnt
Of an unaw,u! SALE VIII never an unlawful rais is 81
ssS and S no. Il Pc %
evidence Of sale No evidence shall be received in jusH
ncation Of fuch sale under the third Section unless the
defendant In his plea Of shall have avowod euch
sale under said session. shall have accompanied such
pka with affidavit alrma ton that at the
wss terdsd BY the pa1 chaser to 10 actually used in
some other ws7 Than beverage, and 10 bs soid
sSas such puscs.ssr was dny sS;Sos.sd to se saor
provided by the second section Of this act tie
may be, and setting forth the circumstances such
sails snd the reasons upon such belief was founded
Sec 80 No person corporation shall kno wDgly car
o. p% auy II
within this state and person shall knowingly deliver
any liquor 10 any other Ierson or to aar crp,ration
ss the ans pace Of business residence Of the
person to whom The is to he conveyed, togesh-
On With the words Intoxicating liquor" are dis
Nnstiy ma,hsd on the oUt<iae package in which the
sam, Is contained. But this shall not .rpy 10 the car
rse Of liquor IN quantities Of i've gallon, Or Ass 70
- an rs SsS1an' M %S
ofer ding against any provision Of this se;t,Jn,
Bshls 10 penalty of Atty dollars, TO be sued for and
covered By AID ia the ), any person 1ha shall st
commence an seton therefor
Sec "a In apy county il which there 70, or here
after NAV be psniten AIRY the ;curt before vhih aoy
sopviion had offence yaast any P.oyis on 81
this acs may its discreet sentence sid commit the
person 70 such peaits nary AZ hard ''r IN
stead O. the oommoy jaii of snch coonty.
Eco IS. Every yueii, officer rho shal' neglect or %
perform any duty required Of him By section
u this act thal upon conviction thereof be aajudge1
guilty of nisdemesnor, ana shall b. pnnisAos ~ dnc