The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-03

10 some nrVper place sf security, and there keep
them until r oil sesioa IL had ersOa; but shah nst
BE- lawful 10 search any selling house not Deicg
house Of public eatersaipment or not being house
IN Which, 10 tars Of which. snop 10 kept, u1ess
ole 81 least Of the ssid compliments shall testify
oato 70 act OF sale OF alcoholic intoxicating H.
fucr tberein or thcrefrom, within cseno armonth
Of ire thee Of making the said c,mplaipt; aud tue
owner or keeper Of the liquor seized as Aforesaid,
II he shall b< known TO the officer seixing the same,
shall be summoned forth xlth before tbs Justice or
person BY whore warrant the liquor WAS ssizcd aad
be fail TO appear and 1t in shown TO toe satisfs
tion OF tho sad justige or person Who issutd the
warrant that the said liquor was kept or intenoea
for sale or barter otherwise than in acsordaDce
with the provisions NJ this act, it shall be deca ed
forfeited, and shall be destroyed by author.
ity OF the written order 70 that eject OF
the said justice or Judge, ard In his pre-
feBce or in the presence OF some person appoiated
shall JON with the officer by VII ,m the aaid liquor
stall have been destroyed, in stt@sting that fact
on the back Of the order by authority OF which it
was done; and the owner or keeper OF such liquor
Of the said Justice or Judge, and costs and In de-
fault Of payment be shall be committed to the COM
mon jail for rot over thirty days.
nv. II the owner, keeper or p0esessor Of
liquor seized under the provisions Of this ect,
shall be unknown to the ofiser dezing the
same, it shall rot be condemned and destroyed
until the fact Of such seizure shall have
been advertised, with the naUber and de-
oripsoD of the packages az Fear as may be- for 20
weeks, by posting up written or printed notice
places, end fit shall be proved within such two
weeks TO the satisfaction OF the Just Of the Peace
or Judge by whose authority said liquor was sezed,
rzed to sch the same under the provisions Of this
act !, shall not be destroyed but shall be deli yerad
TO the cwrer, who shall give bis receipt therefor
upon the warrsnt, which snail be returned to the
s8ir Justice or person who issued the same.
". ANY nIraon IN vphOap Nrxniscn. m uDOv
wi csc cuse, building, boat or vessel any offence
against the previous section of this act shall take
pace, shall be held to be personally guilty Of such
offence. and co viction lhsl| he ebl0 TO the pen
allies and punishment above provided, unless he
can thew that SUI h offence wos committed again
bis will or without his participation direct in
direct.
vi. II shall be the duty OF any Justice Of tbe
Peace, constable, peace officer or policeman, II he
shall have information that any intoxi atiDR liquors
are kept for sale, or are sold In any tent, booth
sbanty, hut or place Of any kind for selling refresh.
meDts In any public place on or pear near the ground
of any cattle chow, agricultural exhibition, militia
military muster, or publ: occasion Of any kind,
and if such officer shall find therein any intoxicat
ing drinks be sbs sejze them and arrest the keeper
Of such place without vaIraDt, and take bim forth.
with before sDy Justice Of the Peace having jufis-
dcton where the same Is feized with the liquors 50
four and seized; and upon proc. that suh liquors
sreinto xicatng, ct they fourd reie IN the posses.
sion Ct the accuse in tent shaDty or other place as
way furnish ed to the people assembled on gu n pub
lie occasions Aforesaid (Which said fact the accused
may be permitted to disprove,) he or they shall be
seDten ced to imprisonment In the common Jail for
the district or county where the offence is com.
mitted, for period Of rot more thar thirty nor legs
than five days, and the liquor seized shall be
stroyed by the order OF said justice OF the peace,
and said justice OF the peace shall award costs he
shall deem just: provided the officer who shall have
made such seizure shall not be cndemDed In costs
unless il shall be proved that he was moved thereto
by malice
VII. The Municipal Council of any city, town,
township, or incorporated village, may appoint
city, town or village, to sell, at some central and
convenient place within the municipality spirits.
wines, ami ether alcoholic and iDtoxi ating lquo
fer the purpose Of being used incidentally or in
scne chemical or mechanical procesa or mapufac-
ture as wine and for sacranental purposes, and no
other, and such seent shall rectiye such compe
ton for bis service az the Council sppointing him
may allow, ard shall, IN the sale Of such iiqu ors
torform to such rules and regulations as the Coun
ell shall prescribe for his guidan e. and such agent
shall hold his appointment for one year. unless
sooner removed by the council which appointed him.
VIII. such sgent. before he eDtsrs upon his du.
ties, sfall receive certillcste from the Council
spren ing BIN. vi Ger the seal Of snch Council (f
the CoULc,l have corporate seal) authorizing BIN
as tie agent of the munich atty TO sell aoOholi,
riytd by Ills AIT but such certificate shall not b.
delivered Until the agent sholl have execussd ans
delivered to he Cour Gil bond IN favor Of such
municipality, with two good and sufficient sureie@
il The SUN of f2G0 CT Ec,tiOIed as folio ss:-
"Know ell men ~ these presents that 8. B. Uhe
principally I'D G. ID and Il. f., (the snreties,) are
jointly and severally held add firmly bound unto
tie muIicipslhy Of - in the penal sum OF eco
Ct layfn Grey, for psvnen. whereof we bind our
Sc yes nrd esch OF us binds himself, tur ANA eace
81 every Of orr heirs, executors AID adninist'a
tors firmly by ,hss peseLts sealed with our seals,
dated this =. day Of I'D. ore thousand eight
cr B. has been ouly appoioted sge1t for tie said
munich atty to sell within and for and account
Of sucb Duns ila.ity.- alcoholic snc Intoxicating
liquors for me dicina, chemical and Mec arical pnr-
purp.sts, AID no otter, nDtil --dey OF -, d.
che tlcusard eight huEdred and fifty -: uaiess
scorer nmowd rom such agency. Nov the co.,
ditin Of this bond Is such, that II said A. B. shall
passee II .te - ysar Of the reign Of her Maj -,y
Queen yicsois, ar d iEtiue6 AN Act. &c. tie
OF Ills act) and 20 such rules ana regulations as
row srs or shall be from time to zine established
by The Courcii Ct the Municipality Of -, then
It's obligation shall be void oth.rsise is shall re.
man II iu.l fo,ce.'
TX. Any person may maintaio an action Ia a6y
court IN Ibis p'eyirce sgainst airy other p '6n
Who thai sell or deliver any hqnor, contrary to 10y
pIovsioo of this a TO the husband, WIFE parent,
,id Guardian, wsId, apprentice or servant If the
llsnnf, and il sbal] Dot lie Necessary in asy suca
stNp 70 aver or prove any special 0sma &c result
Tug 10 We I'm by such sale or delverJ, bus the
c.uittr jury, before which such action is led,
e,s or rrc6f Of su h sale CT delivery es sior; said
ssstss tie GsTsgts q the plsjn'if therein o. net
!ess than Gle shilling, and II any special dana be
sfowp, for such Lisbsr SUN as may be just, aad
tpdfnert S, al be given Accordingly: any married
wonsn may prose cute and msiptsiD spch ction IN
h.r cwn rane, With or wi .hout tie consent OF ter
husband, aid upen the trial Of any &C ion
uicsr his section, The defendant, plaintif
wife or hushatd OF the plaintiff, may be
xanirtd rs WIRES Shy law or ruls OF Court "
tie contrary notwithstanding. And the plaintiff
IN Shy such a tiop sbaM he entitled to full coss
rrnn rss::ai,ilg VERDICT or judgment tor ary gum
vtetytr.
x. Cro. hs 'ijsI If an, complaint or civil acti IN
upetr any plCvisicn Of this at proof CT the mat'-
fsc,uYe sale, laier kept Of alcoltlic or ntox
iss'jpg tsuor BY the defer dart, shs De Sufficient
10 SUSAN sl;epafiCn tbst the same wss unlawful.
spd ubltss proves The contrary, juir uent shall
he Icnderd against him II shall be &c du:y Of
tvs,y tstah'e, policeman or watChmsn, whenever
he 81 Ell Sc airy persCn grossly texicateo in aSy