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

TIE tene ~ "a s,ar Adjacent thereto Wi Eve han
~ vard: Of the boundaries therec. which complaint
ran Sat. the fact and ercumsanr on which such belief
i frrded shs be the dg,, OF such magistrate ort1
With 10 issue warrant eo<naEdng the officer TO whom
re sane shell be direct<d with proper assistance iortlNl
diligently 70 search sRch place m the Gay hhe' auI
seize al riOxicatirg liquors found therein toset1eI
tie vessels within Nii.h the same are contained anu "
,tore the same in safe and convenient place to De
disposed If hereinafter provided Blt no warrant
sitU BE issued under This the preceding section, %
arch auv Yelling house in which OF in part Of when
shup is not kept, except upon proof that lntoxicauug
liquor has been sold therein by the occur thereof OF
with his consent within month before the tine OF max
ING such complaint
DurIEs or PUBLIC OFFICERS As REGARDS ARRESTS
SIC 10 Ii shall be the duty Of every Sheriff. Under
sienl Deputy Sheriff Constable. Marshal or Policeman
to arrest uLy person wkom n shall actually engaged
il the commission Of any such oieuse, and % seize al IL
quor exposed for sale It the time and place OF the CON
mission Of such Oen,e together With the vesses in which
tie .iue il contained aud with 10 convey such per
son before any magistrate # the same city OF town aa1
10 tie liquor md vessels so seized u some safe ana
IeL Place, 20 be disposed " as herelnaeF pro
yiCed.
DUTIES oF PrBIic OFFICERS As REGARDS SEARCH FOR
LIQUOR.
SLeif Under Ii rG. Constable, Policeman or Marshal,
II lie shall suspect have reason 10 believe AM does be
eye thai any intoxicating liquors are he iAien el ioI
sale in sry place Gry knd for selling ree,hnens at
or rear the place Of any eziDon parade, q" publc DC.
cssion Of any Kind 10 search such suspected place aud II
any Intoxicating liquors OInd therein to seize the same
and arIt lie keeper keepers OF such place. and al
Ttrsors engaged therein cr servants or agents and
ioILwih to such lilor and take such pers5n or
Tes.L- before magistrate having jurisdiction of such
of,Ife be dealt it'll according iD law. Ii fhal be the
duty every officer by whom any arre' ana seizure may
be made under Ills OF the preceding section 70 maze com
lut oath against the person arrested and 20 prosecute
such complaint To Judgment and execution.
soTicE OF sEIzCRE To PARTIES c'ScERyEp:
SIC. l.. Whenever any liquor shall be seized under
ery provision OF ills shall be the duty OF the oi
by whom such seizure Is made eXcep m ca'es wAere
tie ouI er thereof ,hs have been arrested forthwith to
give written notice TO the owner thereof 81 me seizure OF
such LIQUORS which shah be described IN such no as
rear a. may be- and Of ihe name OF the ml'trate by
vi en- tie arrant issued in case Of seizure under
either II he ast two sections before whom the person
arrested carried and the AMI residence OF such
c Ger rahirg such seizure AM The time o such seZ ire
Such not &c stall be served by delivering h5 same - the
ovrcr Ier,noy, BY leaving the same at his last or
usual Place Of residence with person VI mature aye re-
siding tie premises II the owner be NOT known or
not he ourd and liz place OF re-d &c he noi known
70 he officer such notice shall be served by delivering
the same 10 any peron Of mature age residing or being
enjoyed the place In which such liquor W - conanei
o. Il rome such te found 10y posting The same in con
ucrous place upon tie outside % such place AMI copies
OF such notice containing als9 des' upu'n 90 me place
10 which such liluor found shall forlwI'h be COZ
icueusy posted in At least two public places whl SAT-
city or town
wrrs LrQ-oR SNAIL BE FORFEITED.
SEC. 49, All liquors seized under any provision OF tn
act except in where tho oTnor thereof hail have
b,eo arrested shah be kept stored fr two weeks a9r
service ard posting q notice. as rtq ued o{ rue L'
section after which time upon due proof OF such service
ard To.tuC b the return oi the ui ef li 'tt N'u nc
warrant Of sesrh OF BY o'her Ell Hence 10 nat et -pti
EQuors ccor viii tie vessels In which the sane were
sn,d sia be- atiuds,d fortified by the magistrate
named IN sJC iOti, 81 whom sch proof sau pe htle'
ures. tL,y shall have been claimed as hereinafter pr1-
vidod Aid al liquors which IN have been fpnnI IN
Il OF any person who she have been arrested
for aiIg any provision of the first section AMI seze
Nv frGh ucrsor wheresoeycr the same may be- shall,
uion lie cons lotion Of such person cf such onen'e b.
Gjujl I'd forfeited BY the Court before which sAch c1I'
wU1r TIE owyrR OF LIQUOR MAY ~.
SIC II Any person may, at any time before forfeiture
rr,ser o ii G. rnsa named in such noce, an ali Ia
vit or Fl in writing stating tia. such liquor at the
tine Of such seizure actually owned by him, OF by
some other porson named by him for whom he IS AZ Mt
thai lie person had lot become possessed thereof
for TIC rurpose # preventing forfeiture aud that the
same lad BOT been kept intended for sale, courarJ 10 the
provisions of this act 70 the bet OF his knowledge AMI
belief and also .Ieciyng the purpose Tor Whcl tAe SUMO
was kept AID hereupDn it shall be the duty OF such
osistrGte forthwith TO appoint time and place for the
purpose Of trying such clam and to cause notice thereof
H. be given the person persons upon whose complaint
the werrnnt 81 search was Issued or IN Gaze o seizure
under the 10th nth section, 70 the officer by whom
such seizure made A. the time and place appointed,
such magistrate shan hold court Tor ne trial 81 such
claim shall hear the proofs and allegations Oroi in
SUPPORT Of and against the and unless the claimant
shah how by pCsve proof 70 tie satisfaction OF the
Count or jury hst such liqnOr il Of foreign production
and has bee under the laws of the United States,
aud in accordance herewith, and is contained in the
original packages in which the same imported, AMI
in quantities not less than the laws OF the Unted States
prescribe, and bet the same was kept by him for lawful
sion and kept by him for lawful purposes the same
shall be adjudged forfeited and judgment shall be
dered against the claimant for the costs and in default Of
thereof execution shall be issued therefor against
bis property sud person Upon the trial of such claim If
the claimant shal aege tina, the liquors seized have been
regularly imported under the laws Of the United States
and that they contained in the FINAL packages the
Custom House certificates OF importation and proofs OF
marks the casks packages responding thereto
shall not be received sufficient evidence that the liquors
consined in said packages are those actually imported
therein The claimant may, at the time Of making such
claim demand thai the be tried by Jury and there
uIOn the Ike proceedings shall be had in respect thereto
provided by law in relation to trials by Jury be-
fore Courts of Special Sessions. The Court shall keep
minutes Of the proceedings testimony and judgment upon
such claim which shall be subscribed by the magistrate
holding the Court The Court shall have power issue
process to compel the attendance of witnesses and pun
ish for attendance witnesses jurors in the
in civil actions before Justices OF the Peace
MANNER or APPEAL.
SEC Is Whenever gme nt shall be rendered upon any
such claim adversely to the claimant be within ten
whom such Judgment rendered that he intends 20 ap
peal the erom to TIE County Judge Of the County within
which such claim tried but such notice shall be of
effect unless such appellant shall at the time dely
er 10 such magistrate undertaking with one or moro
suretes to be approved by such magistrate that il judg
meut be rendered against him such appeal and
cutcn hereupOn be returned unsatsed in whole or in
Iart they will pay the amount unsatised Upon the Civ
ing of such notice and undertaking, all further proceed
ngs upon such shall be stayed until such appeal
shall have been decided against the appellant, dis
missed fer want Of prosecution as hereinafter provided
TIE DUTY OF MAGISTRATES CAsI OF An APPEAL.
SIC. Is Wherever notice Of appeal ead undertak.
ing shall be given to any magistrate IA the last section
provided shall be the duty Of such magistrate forthwith
TO send by the officer who shall have seized such liquor
other officer the minutes taken by him upon the
tri,l Of such claim, together with the notice of ap-
peal and undertaking TO such County Judge, who shall
heIeupOn by order appoint place and time less than