The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-22

time allowed BY law for serving such osrtorAri upon the
magistrate shall and no such writ hAl have
been served
Section eighteenth provides that no procssdssor ug
mept had or rendered under aay pr vsien Of this ,t
be set aside be void BY reason OF any technical
errors, defects not affecting the merits, but the
may be amended when by such amendment substantial
Section nipsteenth provides that whenever complaint
oath Affirmation shalt be made before any msgis
nate BY any perssn that he suspects and believes that
committed and that person persons have
knowledge Of the commission OF such offence magls
trats sh. forthwith issue summons to the person or
before him ct pIce and lime not more than
two days thereafter, to b dssignated In such
may be served In the . joining county by
any officer TO whom the same sda be delivered by any
other person BY ststg the contents, or delivering copy
thereof to tho hereinafter named and
allowing him or them the original II sad prison should
fail to appear the magistrate shall issue attachment
to compel the attendance OF person persons The
person attached may unless reasonable excuse be
sht wn be punhed BY fine not exceeding ten dollars,
and he may be in default Of payment to the
extent provided In section frst.
Section twentieth provides that II shall b the duty Of
proper officials wherever he shall see person iatoxi
keep him nnti be shall become Socsp and hsrsupou
take him before some magistrate authorized to issue
warrant of arrest or search.
The twenty hrs section provides that when any
sha appear or be brought before any magistrate IL shall
be the duty Of such magistrate to administer such per-
son an OATH and to examine hu for the purpose Of assr
against any provision Of this act and IL he shall refuss
answer Questions pertinent to examinA alton he shall be
committed to the common jail there to remain until he
shall consent to be affirmed or to answer
ouch examination it shall appear that any such Of
fence has been committed within the Of suoh
nsg rate II shall be his duty to issue for the
arrest Of the offender and the search Of his premises
hereinbefsre provided 1t shall ap that any such
offence has been committed At any place beyond the urs
dction Of such magistrate 1t shall be HIS duty to reduce
such ~ writing and with to certify and
send the same by any officer to any magistrate having
yNhn tharau
proceed in relation to sush complaint In the
ner Is If the same had been made before him
Section twenty second provides that whenever any fus
imposed under the first section of this at shall BIZ ii,
ecte one hall thereof shA be paid to the person per-
Issued the proceedings taken and the Other
TO the overssers of the poor of the which the OF
fes &c was committed for the support OF the poor but
person shal be convicted upon the tes ony OF any
complainant BY other evidence unless such
complainant shall before trial waive It's right receive
such part OF the ne In which case the whole of such 6ne
Section twenty three provides that whenever magis-
ate or jury before whom any complaint for any offence
or any claim shall Do tried under any provisions OF this
act shall be satisfied from the proceedings had before him
or them that the complaint without pro abls
cause and with malicious intent to iuue hsrra such
or jury may render averdlot against complain
ant for costs.
The twenty fourth section provides that no person who
shall have been convicted of any fence against any
vision of this act who shall be engaged In the sale
keeping Of intoxicating liquor, shall BIO competent
juror.
Section twenty Hfth provides that no action shall be
maintained to recover the value possession of In
toxcsDg liquor sold, taken detained, mi ured, unless
the painful prove that such liquor kolc according
the provisions of this act.
The twenty p'xth section provides that any person
value of services reno esed possession Of property
veyed in payment for liquor sold contrary to the provi
sons Of this set by any the lions of the plaintiff
and such person shall be in such action witness to any
matter pertinent to such action.
The twenty seventh section provides thst all securities
MT aha hA tknv1v
void as between all parties having notice thereof
upon the trial Of action instituted uron such security
evidence OF debt the plaintiff may be oAei to prove
such notice and shall not be considered witness in
chief unless the party calling shall make him such by
examining him rs to otaer matters.
Section tv enty eight provides that all persons selling
liquor In violation Of this sct, sha be liable fer all
damages resulting thererom,
Section twenty nine provides that any person NAV
maiptain action against any other person who shall
sell Equcr a Aforesaid to the husband wife, &c. OF tho
plaintiff who shall such person cr persons to be
ton is tiled, shall assess the damages Of the plaintiff
therein; but sry tp' oal cam,ge may be shown Any
name With nj hout the consent Of her husband
Upon trial Of sny such action, the person whom
he che nay be the husband wife Of the plaintiff
ALI esmsf recovered by any in my action
nenced under this section or under tina tweny alxth
twenty eighth ieotou, shall be tbs property OF such
minor ard shall be 'ppsd towards his support, be
inverted fr- hi benefit
The ,hreth section provides th.t in all cases in which
the right to any civil actioa is gvsn by this
act the nay be maintained in any :ourt of stice
OF the pescs in any inferior court Of record
having sny or inal civil uriscIction In any county
urt kept that to possession Of per
sopa property shall be ought In any inferior oour
OF record) and shall be subject to the rules Of
law and svdenc. as other civil actions except other
wis provided IL every such action commenced In any
court fIecord the recovery OF the plaintiff shall not
damages Execution may be issued against both pers
and property upon any judgment rendered in any snch
The thirty first section provides that upon the trial Of
any complaint civil action under nv pro
vsion Of this act proof OF the sals keeping the H.
quof shall be sufficient to sustain averment of an I'M
lawful keeping. When unlaw ful sale is alleged anc
delivery oved such delivery shall DO s silent evidence
OF aae Under the third section such evidence shAu
be received in Of the salo unless the defend
ant shall have avowed sucb sale under such scton &C.
comparing IT with affidavit that he believed At the
time of the sale that the liquor sold atendsd by the
Purchaser to be sctuay used In other way as
beverage, that sucn purchaser duly authorised
under the second session Of this act.
Section thirtytwo pTovi that person corpor
alton shall knowingly transport Eq1or from place to
place in this State from any place without into This
liquor any person sorporat on for tbs purpose Of
being so transported unless the and resden OF
the to whom the Is to be conveyed aud the
worcs, intoxicating nor are married on the outside
Of the package This lection hal apply TO the oar
rage OF quantities OF Ave gallons or less TO any place In
the comfy In viii; h tbs sold in An adj
ing county Any por alton offending against
any provision OF this section shall be hsbs to penalty
which there now Is, may be penits ntsry the court
may fener CO. and commit the person c,ovcted snch
pententary at hard labor, instead Of the jail Of
such county.
Section thirty four provides tina. every public officer who
shall neglect duty required Of him By any section OF this
act ha upon conviction thereof be adjudgsd guilty of
udemespor and shall be punished BY nns not excssd
irg I've hundred dollars by i'm orisonment exceed.
ing one year. and forfeiture Of Office except In Of
judicial foers.
seeton thirty eve provides that every person who shall
wilfuily and ooruPtiy swear affirm falsely to any
material matter upon any oath rmAtion taken ad
nintered under any provision OF this act shall upon
conviction thereof ks Adjudgsd guilty Of perjury.
Section thirty SIX provides thst the exciting provisions
81 Ia" relative TO misdemeAnors and ofsncea when
Estent fhall apply to offences creat-d oy this act
Sectiep thirty provi that In addition TO the fess
NO provided BY law the hA be allow and included 10
Judgment for coes for the following services
DER under the OF this thu 70 10 wing
To any magistrate performing the flowing sersic@:-
For every warrant or summons OF any kind twenty
Eve o. Dts.
Fer the trial 81 shy slsi -, dollar
Far certificate 81 sonviction, tweaty- I've cents
For TAXI soc certifying complain: to ano her mags
tate. ATTY cents.
Tosry sh.r or other ooer pertaining the following