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

made under this and tAs prscssias ssesioa d ~
.s e. oath ssi1t n: s.s. s;rss ..ts
provision Of this set II sha b the duty q the ocsr >
whom such seizure L made (exospt In whsrs ths
thereof shall have bsen arrested forth vita T.
give written notice 70 the thereof Of ths sssars
may be- and Of the Of magistrate by
whom tins warrant vas Issued, or lin Of seizure
the persoD arrested rss esTsi snS the orr. sas s
residsncs Of such officer mailing such seizure and ths
time Of such seizure. Such notice shall b. served ~
ing the 1t his ast usual place Of rssidenos
with person Of maturs age reading the prsmises
place Of residence unknown the oosr suca nosics
shall be served by delivering the to any person Of
YSn ssss e a. S
found BY posting the same conspcuous place upoa
the outside Of such place and copiea Of such nedse
liquor was found shall be peuo ssg posed
in At least tvo public places within said city or town
ssc 10 All liquors seized under prcvision Of this
been arrested shall b. kept stored for two weeks ats
service and posting Of notices required By the last
vice posting BY the return OF the ocsr endorsed
the wsrran. Of search by other evidence b that
the ssms were ssnt.iasd sSs Be assdssd farfssd Sy
the magietIae named In such notice, TO WHOM such
Ss nS ~ nars y
have been found In the possession Of any person VII,
shall have tsen arretsd for violating any proviso. Of
person, ahsi upon the conviction Of such psfsos Z
Cd eenes be adjuged forfeited b. thu court before
Sec H. Any person may, stsny tins before forfeiture,
present to the magistrate PANIED in such notice N an
q ms 3
BY come other person named By him, for whom he =
sgsnt that h. Or such person. had not bee '@s pos
fture and that the same had not been kept intended
SALE contrary the provlons Of this set to ths
purpys for which tbs was kept; and thersu7on.
II shah be the cuty Of such sgisrate forthwith 70 ap
.nd to es e r.n 70
person persons whose complaint the warrant Of
search was Issued or IN case Of seizure un dsr the ssat
vss made At the tims and place appointed, such
magistrate sh.n hold court for the trial ol tuoA
offered in support aud against the same uneas
the claimant shall show by positive proof to tbs
Is Of foreign production, and has been iu rts1 uadsr
the laws OF the United States and in a~c there
WITH and Is contained in the original ge. 10 which
the Of the United States presce be- and that the
h pit by him for lawful pnrposs, that the
him for Ix'ui purposes, tbs ssa, shall be .djuSssd
forfeited and judgment shall be rendered sgans ths
thereof eIecuion shall b ,slod therefor against his
property and person. Upon The trial Of such ol.in
the claimant shall aisss chat the nqaors :sssa asv:
PACKAGES the custom ce.tia ates Of importation
pondng thereto sh II not be received sufficient svi
dence that the liquors contained In said packa
tho time Of makpg such CLAIM, demand that the ssns
be tried by sury and thereupon the like proceedings
shs be had IN respect thereto a. are provided by Law
relation to by jury before courts special sesson
mony and Judgment upon such claim, which shah -
court shall have power to process TO compel the At
to ndancs Of Witnesses and to punsh for Attendance
:.cn.
Sec Is. Whenever Judgment shah DO rendered upon
any suoh claim Adversely to the claimant he may. viii
n ten Gays v. w.s . noS, % , me
tends to appeal herefrom to the county igs d ths
county within which such claim was tried but such mo-
oe shall Be Of effect unless such appellant shall q
the time, deliver to such magistrate undertake
ing, with or sureties, tcps approved By such
tnss Judgment Ss rendered sss - ~:
Cd unsatsned in whole In part. they viii pay he
amour. unss,isaed Upon the eiyiDr 81 such not!os
ment shall be stayed until such appeal shall have bse
decided againss the Appellant, dismissed for want q
prosecIsiops g hereinafter provided
sss ~ hns9fyfl pe!!os Of aDps.. ana an MATERIAL
ing shall be given to any magssrate a. me last SEQ
ton provided. it shall b the duty Of fuch mss.-
forthwith TO send BY an officer who SHAH havs
testimony and proceedings had before him upon the trial
Of such claim, together with the notice Of appeal and
By order appo1 place and time not Lass than ten
nor more than twenty Gays thereafter for heang such
0ektv0y 0uCn
officer u al within ave days thereafter serve copy q
such order upon the claimant and upon each Of hs
complarants and make re urn thereof 10 such county
Judge Hs shall also make oath before SIGH magistrate
Of the delivery Of such return notice and uodsfsknk
to the county judge the claimant fails ppsar e
the time and place appoed hearing such a2pe. the
same shall be and the jud ment appealed From
heard upon the return delivered to the county judge
county judge shsn cause his dsclon together With hs
return notice and unde taking to be forthwith nlsd
T.: Ss q the county s1a and =
han Of the people Of this STATE upon the iai Of sacs
nss shah = dism.sssd or ade%sns reversed besus 4
his Of ihstr failure 70 appear the jadsasat se-
appeare shah costa 70 be tsssd b. the county
clerk Upon the demand Of person having an intsrss
ton thersupon ia tn. same manner = upon
In civil actions M such execution b returned unsatsaed
In whole or in part any such person may maintain
and recover therein the Of bis interest Ia suck
judgment With costs The decision Of The county judge
Gee. IL Whenever any liquor shall BE- adjudssl for
fei.ed, provided In any section Of this act whoa
any cim shall have bssn decided adversely - he
claimant and the time for serving notice OF appeal
shen have elapsed and such notice and Undertaking
shall have Resn served whenever such notice sha1
gisrae before whom such claim was tsisd or forty ave
days sha have elapsed since the delivery Of suoh retu.
notice UNDERTAKING county
thereof sha have been made and no notice Of the
of ths judgment appealed from sha have esa served
upon such magistrate. shall 10 Ae duty q suoh ~
the liquor seized and forfeited be dsstf0 a. ana ne
officer to whom the shall b delivered sha~ fessn
with proceed in the presence Of ono Of the ccmpsiasns
or Of other person to be designated In such way
rant and to b summoned By him, to exso4ts
the same, end sueh person shall Join With ths
officer In making return BY aAadavit Of the TINA
place and manner Of the execution Of such warrant and
urcn the recspt Of such return said magistrate shall
to se the vessels which contained said LIQUOR ~ -
proceeds Of sad sails shah b applied LIKE g
provided by law In other cases. The Issuing Of suoA
warrant shall b stayed in Of forfeiture sjudeso
upon the conviction Of the ownsr, such Civ.
ing notice at the time Of such conviction Of his ioteu
ton 10 the by oeseva into the Supren0
Court until the time allowed by lsw for giving such
certora upon the magistrate shall elapsed snA =
fuch writ shall have been served.
Fec is. No proceeding or Judgment hal or ~.
dsrcd under any provision Of this act, shall -
Get aside o. be void BY reason o. any tschuasss