New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-02-25
TIVE Spy1TEs TEMPERANCE BILL

ra-tz z.
order 70, to morrow The Assembly Seieet nv
,.rr, ~ same bill and amendments 10 The As
tssns TO- morrow Although the Committee had
80. -. 70 repor complete yet the amendments vere not
,-1 ,i,.r consultation with most Of The friends OF
d. ,re in both branches OF the Legislaare snd II Is
row ,bousht that no nat. nal II indeed any further amend
,en,, viii he made to the bill send 1t you as completed
BY the Commune s-.,-..,,o, p, r,t,-,,.,.,.,
III, !; c-Ge. a. feEot.:
~" ,t.sS.TfIEs ToR sELLISG ~ unlawful QUtSTIrIEs.
srcr1oy Every peffon who shall eel or Keep for sale
r tb intent 10 sell either personally OF Dy NJ Patnef'
clerk agent servant, directly or iDaecy, under pre-
ese al giving or any other preten-e WAt.ever, nioreh
inc louoT Of any kinc name except as hereinafter pro
vi aud except such selling or Keeping SNAIL be liquor
Of foreign production, aid imported Under me laws o. Inc
Ined states in accordance therewih ana CO ntdin IN
H. original packages in which the were impaired
rEd in quantities less than the lave Of the United
Sftes rescribe shall conviction, be eiu -Gei guilty
az mi. dfme amor and shan fO II Gil liquors owned by
Lin ana in addition shall be punished a. blows:
For tie fnt ofense, by iIe OF not Is than twenty
FIVE dollars uer more tLan one hundred dcliars.
For the second offeGse. by fine Of fifty dollars.
For tie ;Ad and every subsequent ofense by hae Of
no les than hundred dollar nor more than i've hun
died dollars ard by imprisonment for not less than thirty
dave nor more than six months
Iron tie conviction OF any person to sell q
provided by the second section % this &C., "i any ch o.
ioIse lo fhsI be punished By fine Of one hundred dol
lars and shall forfeit ell The liquors Owned by nm AM
thal Be forever disqualified from selling liquor within tns
upon every subsequent tpLNct4ou shA NC
punished o. ior a thifd conviction.
Iron every conviction the defendant shall also be re
qured TO pay al costs fees and expenses a. provided IN
hi. act including counsel fee to the com lnant to be
f,cd ty Tie court less than i've nor more tlln ten
In default Of payment of any such fue costs fees AMI
Xfss or any uart thereof the defendant So al be nm
ted ur, tie psd not exceeding one day Tor each
GCiarOf the amount unpaid.
Who WAY LAWFULLY SELL LICUoE.
Sfc o Every citizen Of goodmoral character ~ho isin
Z 49, -,ift ~ v-is he Id
eating liquor hereinafter provided and who ianot ped
do the keeper Of or interested IN any boarding or
vcuarg house, grocery or fruit store Or any par room
coLf tionCrv inn, tavern other place ~ puohc enter
iumtu the keeper a. or interested IN any l-ue H.
ieateT, other place OF public aInaeu' not toe cap
ein connauGant egtn, clerk Or servant Of ~ on any
yess boat or water crail OF any kind wha'ever keep
for sale and eel intoxicating liquor and alcohol r
med auictl chemical, medicinal purIo,cs, ana VINE
for sccrsmeunl use; provided he shall wfhn one
year qoycus have fled in the Office Of the CLERK OF the
county which such liquor is 70 be -o'd, I increasing
executed by himself and two good and sufficient sure
ties. 10 be approved BY the County JUICE 81 me sii
County or in lie City OF New by of c judges
Of tie Court OF Common Pleas AM ark1oWl-i 5ei btprs
rad u6ce that he will not violate any provision Of this
oct ard VIII LAY all fines, dana and costs ~cl nay ne
urofeG UIoL recovered against An IA any ac'pn cFH
o. erin irfl be ced unler Gnyo the p-'v.p1
q Ills oct and provided further that he sha also nave
fled with be undressing declaration On cGti or alrh4
lion taken before saG Judge setting iOh me t'"n or
ward in which he intends sell such liquor and declaring
that he an ectOr OF such town War, aGd does NJ.
use Interfering liquor az bCyerace, hud is not AM dr-
ng he time he shall eel such lqloF will not be De Her,
nor keeper Of interested sGy inn tavern boari
ing yictuaDg house grocer or uit ore slr 70 IA OF
COufestiureIy place public eue NJ nor
tie keoper o. inteTe ted in any theaer, or
other Ice Of public amusement Tia captain 60 nnln
dini clerk gent or servant o. or on any vessel S3i OF
water craft OF any Kind whatever end will not violate any
Of the Provisions Of this act ana provided idfter THAI nc
tla within year prev iuus, have tiled copy o sdca
ubAetsk nc snd declaration certified By the County Clerk,
IN the Office Of the clerk Of the town city in winch such
LIQUOR be sold 40 su ertak ng shall be approved
By any such Judge, unless the apple int 81 Ill D3 per-
son Of coed moral character ana SncA sIehet shi De
LousoLClders within such County, and shall eversy JUS
tits in tie Of 500 each aud above al deOi' de-
mGId Liabilities or gal exemptions, and shall also MAKE
oath or Affirmation that they have not become possessed
Of any property enable them Justify such sdfe'e:
ard hat they not and viii not become directly or ni
rocy engaged interested ia the Manufacture or sale oil
intoxicating liquor during the continuance OF thc surety
''' 10 WHOM 1rqroE MAY rr SOLD.
SIC p Any person authorized as in the last section
uro,Ged nav sell iuloxia ting iquor for the purposes
herein mentioned but be used upon the promises
Whie the same scld in the following cases ana no
ether
Of coCd chstcter for sobTety and nhabant OF the
ward in which such liquor sold OF adj )in
jrg ward in all cases ia which the person selling
TIE shsl have good reason to believe, aud shal
believe that the is intended by the purchaser 10 be
used in other way than a beverage, and not TO
be Sold disposed Of given away or to be used on the
premises or,
? 10 any person authorized to sell such liquors as in
the last section provided.
COURTS HAVING POWER TO PUNISH
SEC l. Courts of Special Sessions as now constituted
shsl have power hear and determine charges for all
otuses arising under any OF the provisions of hls act
cep the 35h and 39h sections thereof and to punish the
persons convicted of such ofenses provided in the
hrs section OF this act and every CouBty Judge and every
public Justice of village city IS hereby authorized
and required hold Court Of Special Sessions for the
trial OF such oenses, and within hs territorial jurisdiction
eli other acts, and exercise the authority tA9t
may be dOEe or exercised by any Jusce of the Peace
under any OF the provisions OF s set and wherever the
:
refer and include such County &c and Police justice
well as Justice Of the Peace and whenever any person
charged with any such Oeuse shall he brought before aay
Cout Especial Session such Court shall not be required
take the examination OF such person. but shall proceed
trial notwithstanding such person may not have requested
to be tried by such Court At the time OF joining issue
and rot after either party may demand thai the same be
tried by jury.
The complainant may appear upon such trial with or
without council and prosecute the complaint behalf Of
the people.
Upon judgment Of armance in the Supreme Court of
cOnvctoD had before any Court Of Special Sessions costs
sha be allowed which may be received by the District
Attorney to bis use and in default OF payment there
Of the defendant shall DO committed to the extent
provided in the fret section.
WHO NAY BRING SUITS.
SIC 5. 1t shall be the duty Cfevery Supervisor and SD
perntenden Of The Poor and Oyerseer ofthe POs and
shan be the right of every other person whenever he shall
have any knowledge Information that any such oense
has been committed, TO make complaint complaint
TO be made thereof and such complaint In the
of The people In any person other than such
officer shall make upon the trial
of such complaint the Court shall render juinen! against
such person for and issue execution thereon in the
same in civil actions before Justices Of the
Peace
MANY COMPLAINTS CHARGED.
SEC g. One or more slch offenses may be charged By
the complainant in any complaint against
the person persons and shall be tried the
time and the person persons charged shall be punished
for each oense wh,h be OF they shall be convicted az
upon separate convictions, but such ofenses shall all be