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



senste aad Assembly, do enact ~ folio VS.
REQ Every Person who sha sell keep foe sale, or
ea h agent ssy o. .ns.r p
tence Of giving. any other Prsenee Whatever intox
csIg Igor q any Kind E, name except :. =
laws q The USitsd states IN sooaranss tSsrsTith, sad
was imported and u quAnttes mot less than the laws
Of the United states prescribe shall upon conviction,
be adjudgsd guilty Of misdemssaor, and shall forfeit
all liquors owned By him, and. in addition shan DO pun
ished follows
For the frat offence By fns Of twenty Eve dollars
For the second offence, BY . nns Of atty Dollar.
For the third, and every subsequsns offence, BY Ans
Of less than hundred deiars tisa ave
hundred dollars and BY imprisonment for mot less than
thirty days, nor Dore than ak months Upon the
vctin Of any person authorized to sell provided BY
shall ss punished BY aDs Of ore hundred dollars and
shall forfeit all the liquor Owned by him. and shall
~ and S
shall Be punished Is for third conviction.
Upon every ton the de ndant sh.l also b
ured to pay COSTS fees aud expenses provided
this act including counssl fee to the complainant to
bs fixed the court not less than Eve nor more than
In default Of payment Of any such nne, costs, fees
ard expenses or any part thereof the defendant sha
day for each dollar Of tho amount unpaid.
Sec 2 Every citizen Of good moral chavscts Who !:
elector Of the town city in which he intends TO sell
not : pediar nor the keeper or interested in any
boarding votusling house grocery fruit store or
rOOms CONFECTIONERY,
Of public entertainment or the ksepcr Of
in any museum theatre other place Of paoc an,use
ment nor the cap:.n cS%ms.daos agent CLERK Of ser
kind whatever, msy keep for SALE and may sell otox
catpg liquor and alcohol for'mechsnicsl chemical or
medicinal purposes and wine for sacramento use pro
vided he sta, within year previous have aisd in
the Office clerk Of the county which such liquor
is to be so,d uudert king executed by himself and
two good Aad sufficient surstes to be approved BY the
county judge OF the said county In the
ulof0 bs(o iu6C vi
any provision of this act and viii pay AL nes damages
and costa which may be imposed upon or recovered
against him any action, civil criminal to be
renced any the provisions Of this pro-
vided further that he shall also have alsd, with his
before said Judge setting forth the town ward and
particularly designating and describing the premises and
N . n ns Or ward
does rot intoxicating liquor beverage and 70 not,
and during the tins he shall sell such liquor will not
DO peda the keeper Of nor interested in any Inn,
tavern, boSrd house, vctusiling hous, grocery or
fruit stcre bar room confectionery other place Of
In any theatre, museum, or other place Of public
nent the captain, nmAnder, agent clerk
Of OF on any vessel boat or water graft O. any
Of this act provided further that he SHALL within
previous have fled copy Of such undertaking
Of the clerk Of the town city which such liquor
be sold No such undertaking shall be approved BY any
moral character ard such suetea sha be househoders
within such county, and shaA severaly in the
sum Of nve hundred dollars each, over and above 81
debts, demands liabilities legal exemptions, and
shall also make oath Affirmation that they have not
become possessed of property for the of
ablins them 20 justify as such sursties and that they
not and will not become directly indirectly engg
ed interested in tina manufacture sale Of ntoxcat
Ing liquor during the ooniuuanoe Of their suretyshp:
Ses g. Any person authorised in the last section
provided, may sell intoxicating liquor for the purposes
therein mentiensi t the place described in his under
where (but TO be used upon the premises whore the
same 10 sod, in the following and no other
Ing Of good ohsctsr for sossy and an inhsSitant Of
the town city in which ruch liquor Is sold or Of an
e. to
shall believe, that the same Is intsnded By the pur-
chaser to be used in some oths. way than - bever
sge not to be sold disposed Of given away, or to
| be used ON tho promises; or
q To any person authorized to sen such liquor in
| the last section provided.
Eco 4. Courts Of special sessions constituted,
shall have power to hear and determine charges for all
offence. arising under any q tbs provisions Of tn,
and TO punish the persons convicted Of such offences ~
provded in the rs section Of this sct and every
:aa sss.s pons' .. hold ssar q
pecia sessons Tor the trial Of such offences ami nj
else the same authority TIA. may Sc done os ssercss
by any justice OF the peace uIder any of the provisions
Of this acs and whenever the term magsra is used in
such county. judge and polite justice, as well Is
justice OF the pesce, and whenever any person
charged with any. such offence shall be brought Be.
fore any court Of special sessions such court shall
not Be required to take the examination of such
Perrcn but shall proceed to trial, no.withstandi such
At the time Of jeng issue and not after other party
may demand that the same - tried by jury The com.
psinAnt may appear on such Trial with without
sell and prosecute the complaint In behalf Of the people,
Upon judgment Of armsnce in the Suprsms Court Of
conviction had before any court Of special sessions
ct attorney to his Own uss and in default Of psymsnt
thereof the defendant shall be committed to the same
extent ~ provided In the first section.
g. In tv Of and
superintendent Of the poor and overeer Of tbs poor
and II shall be the right Of every other person. whenever
such offence has been committed to make complaint o.
cause complaint TO be made thereof and to prosecute
euch complaint in the of the people In case any
person other than such officer shall not make out
prma faca case upon the trial Of such complaint the
SQUIRT aha: render Judgment against such person for
COSTS and Issue execution thereon In the
Is in civil actions before justices Of the peace.
Eco Q. One or more such offences nay b charged BY
against the person persons sha be tried ..
the same time; and the person or persons charged
they sbad be convicted. As upon separate conyc.
lions but such offences shall all b considered Of the
SEQ !. certificate under the hand o: any uaeistrats
the conviction and Judgment thereon shA So evidence
such certificate shall b entitled TO % read In evil
dsnce IN any other county than that In wh..a such
osss thereto aha, ssds .n nnS tSs shan 3 n
seal Of the clerk Of the c or COUNTY vhers smcS NJ
sstrats resides, The such magistrate, It the time OF
sucn was duly qualidsd and vctiog ~ such
ms6iAusts arc that such clerk well acQu einted With
ns NJ I'd writing Of such magisrsts and vey believes
w. the signature TO such certificate Of cnvicaon q
genuine. -
SEQ g. Every warrant Issued By any magistrate for
: NE eprsasniion Of any person chargsS with the
mission Of any such offence except Warrants issued for
the apprehension of pers authorized 70 SELL ~ pro-
vded By the secon section Of this act shat s. on the
oath or Affirmation Of two credible persons and
shall also contain command to the officer to whom
nfaNr fop4h
with In tbs day time diligently to search the
stose, dwelling house and prenates Of the person
persons charged and seize aud safely keep all liquor
contained It shall BE- the duty Of the officer to maize
such search and seizure not -thsandrg he may mot be
able to hnd OF arrest the person persons chas AL
liquors 90 SEIZED with the vessels in which the IL
found shal be stored and kept In convenient place.
to be disposed Of a. hereinafter provided
Sec Whenever complaint, on oath or Affirmation,
shall b made tn writing to any magistfate By any two
or more credible persone resilient Of the town or city