The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-13

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thereafter disqualified for selling liquor within this
State; Upon every conviction the defendant shah
also be REQUIRED TO pay al ,ne costs aud fees as as
70 the complainant, to 70 hass BY ''s the court, IT.
Of not less than five, more than ten
and fees, any part thereof the defendant shall be
committed uDtil the paid, not less than
day per dollar OF the amount unpaid. After such
mitinent and yment of any dHH, costs aud fss
or Any part thereof tor violation OF any Of the pro-
vsons Of sections two or three, person persons
Of may bring action in the ~ the people the
State of New Yos 10 sny court OF this State having
3ursdcticn to the amoant claimed on The unsraking
hed by such person as required by section second and
thereon the amount of such ne ond fees
faDy peIson purchasing any liquor ss in the last sec
ton provided shall at the time intentionally make
an, false statement concerning the to which such
liquor Is to BE- applied by BIN, he shall be des n
thereof sba forfeit and pay ans Of ten dollars and
costs and counsel fees, provided In this act, and
stand committed unsil paid not less than DAY per
Sec. Every justice OF the pea,e police justice,
ty judge and IN addition in the city OF New York. the
and Of the court Of common pleas, and all cities
where there Is recorders court the recorder shall
have power to hear and determine charges aud pnnh
for a offences aris uncer OF the pr0vslons of
this act and they each hereby authorized and
quIed TO hold courts of special sessions for the trial OF
such offences, and under this act to do all other
acts and exercise the same authority that may be
done or exercised by courts Of spec al sessions
gihtrate as useo In this act, shall deemed
to refer to and include officer named this sec ton
Such court Of special sessions shall not be required
tale the examination of any person brought before it
upon charge Of offence under this act but shall pro-
coed to trial thereafter the complainant can
be notified and for good shown may adjourn from
time to time not exceeding twenty days. At the dina
OF joining issue and not after, either may demand trial
by jury, N which case the magistra shall issue u
vene ana cause jury 10 be summoned and empanneed
In other criminal The complainant may appear
upon such trial behalf Of tie people and
the same with witht ut coun ei He may also prose
n 4 ftar
provided appeal may be taken In persoa attorney
OF he may apply to the district attorney whose duty It
shall beupon such application To appear said
trial or the appeal from the judgment thereon
The same costs and disbursements snail bs alo vel
allowed in civil actions. In all caes II the District At
torney shall appear and conduct the trial appeal
both the costs any shall go to him for his Individual
in other TO the complainant and In default Of
payment Of the whole any part thereof he may be
committed to the same extent as provided in the fourth
section of this act.
Sec. g. Whenever complaint on oath or affirmation
shall be made In writing to any magistrate BY any
the complaint is made or of an adjoining county that
he they have to believe and do believe that
intoxicating liquor Is kept or deposited in violation Of
any provision OF section rst Of this act whether
person keeping depositing the same is or Il
not Known to the complainant In any place what.o.
ever within the city or town ia which such COM
plant made or upon any water adjacent thereto or
within i've hundred yards OF the boundaries thereof
which complaint shall state the facts and circumsanccs
upon which such belief is foanded or such t.cts and
circumstances shall be stated upon oath Affirmation
Of some other person II shall be the duty of such
gtrate IL he Is satisfied that there Is PROBABLE cause
for said belief forthwith to issue warrant directed in
the manner criminal processes directed
commanding the officer, with proper assistance, forth
with diligently to search such place In the day time and
10 seize all intoxicating liquor found therein which
from sal complaint other proof furn she'd said
gstrate shall be satisfied there is probable for
believing kept deposited in violation OF any pro
vision OF section first together with the vessels which
and convenient place TO be disposed of pro
ded II from such proof the person keeping de-
posting said liquor, shall be made known TO said mass
trae he shall issue separate warrant for the arrest Of
such pertoo to be dealt with according to the prov
sops OF this act But warrant shall be issued unier
this act, TO search any dwelling house in which,
part OF when tavern, store, geocery business office
shop, boarding victualing house, public OF
any knd kept unless the occupant horeof shall have
been convicted, herein provided Of having sold In
toxicating liquor In his dwelling house suffered 1t
to be done within one year next preceding tie issue
thereof Every warrant issued shall designate aud
describe the place TO be searched.
Zee 7. Whenever any liquor shall be seized under any
provision Of this act, II shall be the duty OF the officer
by whom such seizure is made except where the
thereof shs have arrested forthwith to give
written notice to the owner his agent II known, OF
the OF such liquors, which shall be described in
such notice, "a may be, and OF the OF the
magistrate by whom the issued or in case
seizure under section twelfth before whom the person
arrested carried and the and residence ot such
officer making such seizure and the time OF such
Such notice shall be served by delivering II % the
his sgent, personally by leaving ths at hi
last nsual place OF residence with person OF mature
age, reading the premises. IL the his agent
cannot be found, and his place OF residence IL not
known TO t1e officer, such notice shall be served By
delivering the same to any person OF mature age, resi-
ding or being employed in the place In watch
such liquor was contained, or, II such can
be found, by posting the same In q conspicu-
place. upon the outside Of such place. and copies Of
which such liquor was found shall forthwith be con
spcoousy posted In at least two public places within
said city or town Any person may, at any tms before
forfeiture, present 20 the magistrate named in such
notice an affidavit affirmation in writing stating
that such liquor at the time of such seizure was actu
ally owned by him, by other person named by
him, for whom he l. agent that he such person had
not become possessed thereof for the purpose Of pre-
venting its forfeiture and that the same had not been
kept contrary to the provisions Of this act To the best
OF his knowledge and belief and also specifying the pur
pose for which, the place where. under which exception
Of section first the kept, and the facts par
thereupon the proceedings before said magistrate
shall in all respects be had as are provided in section
fftb.
Upon the trial OF such claim the custom house cert
lcates OF importation and proofs OF marks on the caks
suc ept evidence that the ,aors contained In said
casks packages those actually imported therein
The magistrate shall keep minutes OF the proceeding
section 6fth, wh.ch shall be subscribed by him. lie
shall have power TO issue process TO compel the attend
OF witnesses and to punish for attendan,
witnesses Jurors, In the same In civil
tons before justices OF the peace
Sec s. Either the complainant or defendant may ap-
peal TO the supreme court at general term from any
judgment Of any magistrate rendered under any prov
sion OF this act by serving upon such magistrate and
ten nosiee thereof speens n. 'ns GROUNDS % y
within ten days after the rendering Of such
Judgment The decision Of the Supreme Court
shall be hnsI unless with the decision they
shall 6le . certificate that . constitutional quss-
ton Ia involved therein in which appeal may
Be taken 10 the Court Of Appeals The service OF such
notice shall be OF effect behalf Of the Defendant,
unless he shah at the time deliver 70 tue mAss
trae undertaking TO the people Of the State OF sssw
York, conditioned with sureties, 70 be ap-
proved BY such magistrate, that Judgment be render
ed against HIM upon such appeal In either court 70
which the same may be TAKEN (Which undertaking shall
remain IN full force and bind the psrtl thereto until
the anal determination Of such appeal In any court 70
which the same may be appealed, and other under
win pay the amount unsatshei, ami that the de-
fendant shall not during the peniency OF said appeal
violate any provision OF this act and that they will
jointly and seversy pay all hne damages and costs 70
which be may be LIABLE 10 consequence Of any such vo