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

BY him, for rhom he agent, that he such pev,on
had not become thereof Tor tho purpose pre-
venting its forfesare AMI that the had
kept contrary to The provisions ef this ~ tho best Of
bis knowiedee and seef and ae specifying tho purpose
for which, the plsse where uIser which exception Of
sscoo hrst the kept and the facts psrtcnlar
ly showing 1t 10 be wb.n the exception therespon
the sams proceedings before sail rossrae shall in all
Isspects be had provided 10 section ath Upon
the trial of such CLAIM, the Custsm House certi6-
the paGsss eaG.soosanr 81 ma,ss s,s.a on
sban not be received ss sufficient evidence that
os ss,as o a b. ss,s 1s Ss psss
tate .hsii keep minutes u the proceed testimony
and judgm, pt upon all trials under this section dth
which sha be subs ritid by him. He shan power
to issue procse - the witnesses
and'o pnnih or non stts ndance witnesses OF rors
~ the same manner in civil actions before justices OF
the peace
Sec $. Ether the complainant or other person prose
cutting IN behalf Of the people or defendant, appeal
TO the Supreme Court term, any Judgment
o. magistrate rendered any pr ,vision OF this
act by serving upon such magistrate and the complain.
ant or such other person, the ceendsnt the
may be, written notioe thereof specifying the grounds
OF appeal VIII ten days after the renceruy u such
jrdgms pi The decision of the Supreme Court saaiI
be dnal unless With the decision they shall file cerl-
cats that constitutional quesaon Il Involved therea
in which case app al may he taken upon tina; ques-
top only 10 the Court ~ Appeals The service such
,iee shs BE- Of no effect hebalf of the stensnt unless
he shall At ths Tins deliver to III. magistrate
de;aing 10 ihe people Of the State OF New York in tho
sum of five hundred dollars With s.rete.,
TO be approved ~ such mag Hrae, conhtoue1 III
judg gmf Mt b. rendered against him such appeal
upon auhe7uen appeal from the scision o. the So.
on be returned unsatisned in whoe la part they sll
pay the amount unsatisasd, AMI that ihs defeadan,
violate any provision o. this act, aud that
they VIII Ioi.tiy ,ed severally ray alt fines,
OF sueh violation. Upoa the gyin; OF such
notice and undertaking, all further Proceedings upon
have been decided dm.sed for of prc-ecatioa
rs hereinafter provided Nc proceeding or Iuigment
had or rneerea under any provision Of th. act, shan
detects not affecting the merits but tue
may be amepded without notice before after Judg-
ment, tr upon appeal or review, or after judgment
renlered upon appeal or rcy,w, when ny such amend.
ment substantial justice will he promoted. Any jaig.
ment or VERDICT rendered under provision OF this act
against evidence may be reversed appn appeal In
civil actions. All appeals from Judgments under this
act shall have tho precedence other criminal
causes and may be moved out of their order at any
time by either party.
Sec o. Whenever my appeal shall BE- taken acc ,rilng
to the provisions Of tnc last section Il shall D. the aay
OF the magistrate, within fye Gays thereafter to He
return OF the testimony AMI proceedings had tefre i'm
upon the trial of tuch ASTON together Nih notice
OF appeal and undertaking. Il any AMI his certincate
bat TIE same contains All the testimony AMI p'ocscd-
ings bad before him slch trial the otie Of the
county clerk OF the couaty Ia which the trial had.
Aftsr tho filing Of tho papers as Aforesaid the same
appeal TO the final determination Thereof are
provided in civil actions except bercnbefore moda-
defendant cannot he found 20 be served with notice
now provided the same may be served 10y ding IL sith
the county clerk and attaching there adav.
other than of the officers whose duty II Is
cnicr 6hali Iii % by himself
or attorney aud defend r prosecute aoy appeal brought
under provision of this act 10 Apply 20 the dis
s a. ap % 10 s % .ha .,
may be issued against him In cvil actions All
ecutions issued upcn the Gnal determination OF any ap
real adversely 20 tho defendant 10 collect the gment
thereon shs b. in the Of the people Of the State
OF New York against tho property and person If any
execution ssucd shall be rotu urned unsstisHet, In
whole Or in part any perion or ress having inie
rest in any such Judgment may action IN the
name OF the people OF the state of New York. the
undertaking gwen upon the appeal AMI recover therein
the amnuLt Of lis interest in such Judgment with
Sec. TO- Whenever any liquor seized under any proy
sion ofthis act shali not he adudged forfeited the OH
having the famc in custody shall return II % the
forfeited provided in any gccton this act when
any trial sho have resulted adversely % the de-
| fcndant, and the time for serving notice Of appeal
shall have e1psod and notice and undertaking shah
shall have been finally decided adversely 10 the de-
| fendans, and notice thereof given H. the ml,is-
traie before whom the trial had II shall be the
duty Of taid magistrate forthwith 30 issue warrant
commanding that the liquor seized and forfeited bs
destroyed and tho officer to whom the shall be
delivered shah forthwith proceed in the presence of
o. The complannnts some other person t. be desig
ntcd In such warrsnt ard 10 be summoned by him, 20
execute the same, and such person shall join with the
officer N making return by afdayt Of the time place
and OF the execution of warrant and upon
lie receipt of ad return snd magistrate .lI order
execution to issue 10 said officer who shall proceed 20
sell tie vessels which CONTAINED SAID liquor; and the
proceeds Of said sale shall be applied in ike
| provided by this act IN other eases.
sec IL. whenever complaint on oath affirmation In
yntirg Which compilnt shal state the facts and cir
cunstances upon which his belief is founded snaI be
made before amy masisroe by any person. that he has
just 10 suspect and teyc and does bc ve that
onesce against provision Of this act has been
committed Sn1 that other per on or persons
named by him, hss have knowledge Of the commits
flon u such offence such magistrate " he thinks there
Il probable cause believe that such offence has peen
committed and that such person persons has haye
knowledge OF the commission of ch offence shall forth
| with issus a summons to the person or persons so
named commanding him them 80 appear before him,
az place. and time not more than four days thereafter
TO b. Designated IN such summons 10 testify relation
4 fa oh Gakm Ia. ia
In adjoining county, by any officer 70 whom
he same shall be delivered, by any other person. by
rtr-op Iersons named therein, AMI at the time
show ing Lin thtm the original II the person or per-
uron proof Of tho service ef such summons ny the
turn q officer, the oath Of any other person shall
stre an attachment 70 compel Their attendance for the
purpose Of giving such Testimony, which attlchmen
/ my be executed in any part u tho State. The
pcrron 20 attached may unle' reasonable cause
o. excuse be shown by HIS own oath, the oath Of
other person bo punished by nc Of less than
ten dollars, and m default OF payment he may be
ntted % the same extent az provided In me fourth
/ section.
sec. y. II shal be The duty Of every sheriff, under
sleis, doput, sheriff. constable, marshal or policeman
to all processes TO be issued by this act to arrest
sny rcrron whom he shall actually engaged in the
con nisaon Of any of nee In violation of tie ars section
o ths act and % sele oil Iiqror lept in vioatlsn Of
rail sccttn ~ tie time ard place o the commission ~
Is contained and forthwith convey such person
before cpy magistrate of the city town, TO be
dsa Win according TO law AMI To store the liquor and
vessels sclzcd 10 convenient place to be dis
POSED ~ hereinafter provided II hall he the duty
ofcery officer by whom any arrest and seizure shall be
made under thia soction, 10 maize complaint oath
sggnst tho PER rcrEons arrested AMI Iro
such con PLANT 30 judgment and execution. IL shAl
be tie dnty Of every such officer, whenever he shall
apy intoxicated person in any public place, dis
iurbng the Trbc peace and quiet, 20 appreheni such
perron, ard take him before gsfrate, and II
said magistrate shall tee1 him too much INTOXICATED
e. = examined or 20 answer uron oath correctly be
shal cirsct eaid officer 20 keep him safe and
corytuent place 70 te designated by said magistrate
unt ke shah become sober, and thereupon forthwith
70 ttte him before faid magistrate, he cannot be
found before some other magistrate; and whenever
sDy person shs appear be brought before any mag
uAte, ~ provided IN this or the preceding section, II
sffh BE- the duty Of such nsgistrste 10 administer
a NWNh natl, al -