New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-02-25
,,,, 1onr n,uv 1p1R,1NE SATURDAY FEBRUARY s5 1854
pea,ed from shan have been served Upor such gtrase
M, BE- the duty Of .geh magistrate forthwith N isne

cd toceher with the vessels in which the con
tanned be Destroyed, AMI the Ger g. whom t1o same
stall be delivered shall forthwith proceed. in the PR seace
az one cf the comp liuaIts, 0 some other sou 1esi
ret.d IN CD warrant end to be summ0sd by b e exc
cute a. slme, and such peTsyn sha join with the oicer
In mek rrturn, by affidavit Cftle time plAe and inner
Of thu e1sclton of uch warrant Tie u ~ 81 such var
raLtsl be stayed in case Of oielture auia Ell
COW teton - tie owner ul' sucaownef giving hoee ~
saue Ly crtioa-i into he Court provided by
law tti the airmarce OF such conviction By the Sn
rrIue Court OF uLt the time allowed by Law tor serving
iu ceroTari upon the sstrre shall have e.s2eI and
no sueh writ shall have been served.
no PRoCElUiYG OR JUDGMEST TO BIZ SEr ASIDE or VOID
ny REASON OF TECHNICAL ERRORS.
src ls No proceeding or judgment had or rendered
npder suy this act shall be set aside or be VOC
nv reason Of any technical errors or detects Not aHccS
before or after Judgment upon appeal OF REVIEW OF az
te Indictment rendered upon appeal or review wner oy
sue6 ant ndmeut substantial justice will be promoted
THE rowER or A MAGISTRATE SUMMONS.
Src 10 Whenever complaint oath or Affirmation
sbe he made before any a-israte by any person that
lie has lust cause 10 suspect aud does secl an,
Il at any oAense against any poySlon % w, 49,
committed, srd that some other person OF pers2us
Iy him. Us or have knowledge OF the commission OF Sacn
oense such ma isrste shall forthwith fsue summons
10 tie Ierson pcI-ons 80 named, com hAfhhS "'V
tho IN TO arpear before him at place ana ts no more
than two days thereafter to be designated IN sncn IN
nors 90 tesy in relation 70 such compliant SAN sun
mons nav be ed in the came or sn ADJOINING tphuy
vauy ocor TO whom the same shall be coye-sl or oy
any cher person, by stating the contents or dehNeFh-
the persons hA
az he san time shown g him or themhe ouSlnH Il tue
reson or uersons summoned shall fail t. appear tne ma
csretC upon proof of the service OF such summons oy nc
return If an officer the oa,h of any other person sAa
Issue an stflem 70 compel tle att ndance Of such pcr
son or ICrs.B for the purpose ot giving such testimony
The ptfon attached may unit some cause
or excuse he shown by his oath. or me oah 81 sOe
oil er VorsorJ b. punished by fine not eNceeiiuS tea
dollars ard IN deau payment he may be cOmniftedto
the same extent provided in tie first section
NTOXcATED PERSONS TO De ARRESTED WHEN DISTURB
SIC 60 |; shall be the duty Of every Constable Mar
81 Policemen. Whenever he shall see any pei ~ iat'
oitrG IN public street place, or disturbing he pt'
lie IeaCe end quiet, 10 uppreierd such person ana Keep
I'm il sate aud convenient lace, until lac -ha DC
sober and threu on forthwith - take nn oe''ro
me magistrate authorized to .sue warrant OF arrest OF
search, as hertinbst.ye provided
WHAT A PERSON WHO Has HFEF ARRESTED FOR 1871 Ai
CATION SHALL TESTIFY 10.
SIC ~ Nh,ue,orary person sha appear or be OroHgAt
before any magistrate, provided in ih5 two urfc' nS
sections il sLa be tie cuiy OF .uoh ma-is aye 70 A4h
r for the tu-pose Of ascertau'ng VIII thr auy odh5s
hts been committed against provision OF tn'' art II
such person sinl reuse e. he sworn "f ai'n Dc orr az
swer any question pertinent 60 srch e1amuau'n ne shiH
be con 1.t,d 20 Tie common u, there 10 roman uHh ne
sLa corstnt to be sworn, a.irned or 10 answer
mon such - minaion il shall appear tiat any 81 Of
fer. has been commit cd within the jurisdiction OF s1ch
magistrate it shall ~ is duty 20 i-ue warrant or tue
srct # the offender AM The search of his promises -
LereiubCfue provide If il shall appear thi any IN n
oCrso las teen uit AZ a,y pac. beyond n' lira
dicou Of such magistrate it shall be his duty to 'oluc3
such examination to writing and iorihw IA Z" eefy t'i
stnc tie same by eny oh,tr 20 any mI5 ht''us
jurisdiction If the ofeuse charged wlo shan there p'n
proceed n relation 10 such conn aiut Ia tue same manner
IL ii The same had been made before Ain
WHAT SNAIL ~ DONE WITH THE PINES
SIC - Whenever any fine posed under tue hrc Sec
ton Of shall be collected it shall DO pail II the
Oycrseors Of ho Poor Of lie town III which ne onu'e was
such expenses paid by the town and where the poor
supported by the county then to the Teasuiero t The
PrEALry FOR PAYING COSTS.
SIC. g. Whenever magistrate or ny before whom
any complaint for any of nse or any claim shall be tired
under any provision Of this ssl be satisfied from the
eyid,n nee and proceedings had before hn or them that
the complaint mad, without probable cause and with
malicious intent to hure or lara. such magistrate or
Jury may render verdict against lie complainant for
costs ard If such ccmpla shall not forthwith upon
demand pay such costs he heli be committed to tho con-
non Jail the county until the same DO paid not exceed
ing one day for each dollar of the amount thereof
CAN ACT A. JURORS.
SFc o. No rerson who shall have been convicted Of
any oGense ugan,t any provision Of this act who shall
be engaged in the sale keeping Of intoxicating liquor
contrary the provisions of this act shall be competent
to juror upon the trial Of any oense or clan or
aci ulder any pro, son OF this ret aud when ntorma
ton lan be Gated TO the Court that any person
sumuonid juror upon any such trial has been 20 con-
vCtCd engaged in any such unlawful sale or keeping
or il believe cd 10 lave leeu convicted to be
caged il shall be the duty Of the Court 10 examine such
upon oath in relation thereto and no answer that
he may make shall be against him in any action ciy
or criminal which may be commenced inst him under
provision Of this act except upon the trial of an in
which ne sha be discharged by the Court from all
further attendance as iuryman Onsuch tIiel
LIQUOR THAT HAS BEEN SOLD.
SEC 25 No action shall be maintained to the
value possession Of any intoxicating liquor sold TAKEN
detained injured unless the plaintiff shall prove that
such liquor was sold according to the provisions Of this
act Kept and owned by him for lawful purposes
WHO MAY SUE FOR DAMAGE
SIC Any person may maintain action TO
any money paid the value Of any services or labor
rendered DONE the value possession OF any prop
ery assigned and conveyed in payment for liquor sold
contrary the provisions of this act, by the husband
wife, parent, child, ward, apprentice servant of the
plaintiff and in every such action the person by whom
such money paid services or labor rendered or done
or property assigned conveyed, shall be witness to
any matter pertinent TO such action. ANY married woman
msy commence and maintain any such action in her
name, with or without the consent Of her husband
DIETS FOR LIQUOR.
SEc o. All securities and evidences Of debt Of what
soeyer kind given in whole in part for account Of
liquor sold contrary to the provisions of this act shall be
utterly void as between all parties having notice thereof,
either directly indirectly and upon the trial Of any
action instituted upon any such security or evidence OF
debt the plaintiff may be called TO prove such notice and
shall not be considered witness ia chief unless the party
calling him shall make him such by examining him as to
other matters
SHALL BIZ LIABLE.
SIC 49, Every person who shall sell any liquor in VIC
atcn of any provision of this act who shall furnish
any liquor TO be used as beverage shall DE liable for all
damages which may happen result therefrom
WHO NAY MAINTAIN An ACTION.
SIC. %. Any person may maintain action against
any other person who shall sell any liquor contrary
provision Of this act to the husband wife parent child
guardian ward apprentice servant Of the plaintiff
Intoxicated and it shall not be necessary in any such
ton prove any special damage but the Court
damages Of the plaintiff therein but any special dsmsge
may be shown. Any married woman may maintain any
such action in her name with without the consent
of her husband Upon the trial Of any such action, The