The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-19

he II esctor of such or ward and doas not use
the time be shall sell such liquor will pedlar o
any commodities, or the keeper Of interested in any
inn tavera board ng house vicualiug house, oyster
hhnT, grocery, fruit store. bar roo
or other place Of public entertainment the
Of, or interested In any theatre, museum or other
captain, commander, agent, clerk, servant of
any vessel boat water craft Of any kind whatever
OF the number SO applying the said judge or court shalt
within week thereafter, designate in each eIec
ton ,trc. In each town or city, who may thereupon
liquor 10 to be sold together with the affidavit made be
fore said judge or court an undertaking to the people
of the State OF New York In the OF thou
dollars executed by himself, and two good aud sun
Gent suretes to se approved by tue judge court
said judge court that he will not do thing
tsIy hat he has ia said affidavit violate any
provision OF this act and will pay all nes and costs which
may be imposed uDop recovered aganst him In all
tons 10 be commenced under OF the prov ons OF this
act and shall be copy Of SUCH undertaking and alda
clerk Of the town city In which such liquor Is to be
Sold No such undertaking shall be approved BY said
within said couoty, and shall severaly Justify the
Of one IL -snd dollars each over aud above all
debts, demands. liabilities, and legal exemptions and
make oath afiI Imaon that they have not
sessed Of any property to enable them to justify such
SURF ties such undertaking and affidavit on being ded
sba autho such persons TO sell such liquor above
nsmed for the purpose above named at the place de
acrbed in the Undertaking, for the term OF year
from the fiji ng Of the aforesaid, and ser
Sec o. Any person authorized, In the last section
provided shall not do thing contrary to what he Is
orn in his said adavjt nor shall he suffer any iq uor
sold by him to be used upon the premises the
same is Sold but he may sell in the following and
no other:-
ing Of good character for sobriey, and nabant of
tie county in which such liquor Is sold, of towI
the same shall have good reason to believe AMI shall
believe that the same Is INTENDED by the purchaser to
be gs,d or some lon one Of the 10 the preceding
away, or To be used on the prem ses; or,
2. To any person authorized sell such liquor in
Every person authorized sell as in the last section
provided shall ieep book OF sales, in which he shall
enter, TO be entered every sale made by him.
which entry shall contain the kind quantity price pur
pose for which, name of the person to whom and time
when sol5, which book shall at all times during business
hours be open to public examination by any resident OF
the tow or city Every person so selling liquor, sh al
Tile with the clerk Of the city where he soils the
between the fret and fifteenth day of each month";
copy Of such sales, AMI of all purchases made
BY him. containing kind, quantity AMI price, with an
sales and all the sales and made by him during
the previous month, according to his best knowledge
Information and belief
Sec A. ANY person who shall violate any provision or
ethor Of tho presiding secton' SHALL upon conviction
be adjudged guilty OF miscemesnor, and except for
last section provided, shall forfeit all the kept by
hu in violation Of any Of the preceding AMI be
punished follows For any viola Of section hrt
the first offence by fine OF Atty dollars for the second
offence, by fine Of one hundred dollars and thirty days
imprisonment; for the tn rd and every subsequent Of
fence, by hne Of not less than hundred
than ave hundred dollars, and by not less
than three more than SIX months. For any viola.
tion OF section ond third Wy fine Of hunfr
liars, and be thereafter disqualified for selling
liquor within this State Upon every conviction the de-
provided In this act, including counsel fee to
the complainant, to be fxei BY the court, OF not
less than Eve nor more than ten dollars In default
payment OF any such fine, costs aud fees part
thereof, the defendant shall be committed until the
PAID not less than day per dollar Of the
amount unpaii After such commitment and non pay
ment Of any fine, costs and fees any part thereof
for violation any of the provisions OF sections
three any person persons interested in such ane
in the Of the people OF the State Of New YORK
any court OF this state having jurisdiction to the
q mount claimed the undertaking filed by such per-
required by section second aud thereon
the mount OF suca ne costs and fee. II any person
purchasing any liquor IS In the last section pro-
vided shall at the time, intention Ally make any false
statement, concerning the To which such liquor u
mesncr' and ueoa convection thereof shs forfeit and
pay fDe OF ten dollars and costs and counsel foes,
provided in M act and sts nd committed until paid not
less than dav per dollar OF the amount unpaid.
Sec 9. Every justice OF the peace police Justice
ty judge and IN addition in the city of New York, the
recorder city judge, each Judge OF the superior court
and of the OF pleas and in ali cities wherc
there r,cerders court the recorder snail havs power
10 hear and determine charges and punish for offences
are each hereby authorized and required TO o co1rt
Of special sessions for the trial of such oasnces,
and uuder this act to do all other acts
and exercise the authority that may be
done or exercised by courts of special session i,
ae usee in tas shall be deemed to refer 20 AMI
ircuee each officer NAMED IN this section Such court
Of special sessions hall not be required t. take The ex.
of offence under this act but shall proceed TO trial
thereafter as Il complainant be notified; aud
for good cause shown he may adjourn from time to
time rot exceeding twenty days At the time Of join
Ing issue and not after either party may demand trial
by juty In which the mag strate shall ifsue q
nire and jury to bc summons and pam ellcd
as n other criminal cases. The complainant may ap
pear upon such trial behalf Of the people and
"a In uith nr thnnf III nv
also prcsecute the same all the courts
TO which hereinafter provided appeal may be taken,
Attorney whose duty il shall be upon sch application
10 appear and conduct said trial. the appeal from the
81 ali be sowed ar.n the desnl,at npon
such appeal allowed IN civil actions In ail
cases u the District Attorney shall appear and conduct
the trial appeal, both the costs II an, SHALL 20
20 i'm for his individual in other 20 the
plains and in default of the pay Of the whole
any part tbereo, the defendant msy be committed 70
the exteut provted the fourth section o. this
act.
sec q. Whenever complaint on oath or Affirmation
sbal be made IN writing TO any magistrate by one or
credible persons, resident Of the county where
tie complaint y made, or OF an adjoining county,
that be they have reason 10 believe and DO believe,
that Intoxicating liquor IL Kept .posited IN yolati
of any provision OF section hrs 81 this act whether ha
person - keeping depositing tho II Is not
tnr wn 10 ,he compla psnt in specaei place OF
places vitbn the city town In which comp Amt
1 made or upon any water adjacent thereto within
five 1urired yards OF the boundaries thereof which
complaint sha state the facts and circnm on
~hcn such belief Ia founded, such facts and
stances shal be stated upon oath tation OF
otler Jersnt, IL sfa be the duty of such magiatrae.
he ~ tntishsd that there Il probable FOR said
belief forih~ith 20 issue q warrsnt directed in the
criminal progresses ars nov. di.
Tsctsd, conn nnding the officer with proper assst-
snce, fo'thsth diligently 10 search -reh place or
placss In the day tims and 20 all ntol eating
quor fou pd therein which frrm sd compa nj o.hsr
proof furnished ssd msstrn,e shall b. satisfied there
IL probable eause for nsvng 10 kep deposited In
violation ~ any trovtion Of section hrt o~ther with
the vessels In vhich 90 ssme contained anf ~ sors
the samc n safe spd convenient place % BE- as
pofed ~ 80 hereinafter provi ed n from such com.
plant or proof both, the persoa keeping % &C..
to the sstsfseton of said mssiaras, be shall Issue
separate warrant for the arrest ~ such prson g. bs
dealt with aecordinr 20 80 provs this But
varract ,han be bsusd under tbs ae, 10 sssrch aay
such dwelling house, as "a derrribed 10 seton nrst