New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-04-07

u1heIsf; but potbiog Ia this act contained shall be
srued 10 prevent the ssle by legal process 40 case
heipsclvercy olthe authorized hql'r'se'ef u say
s,so, held by him At the time Of such Insolvency, 10
other LIQUOR seller authorized to eel by this ac'i
-, 10 prevent the legal represent itve' OF a'y he-
csssed person who At the time OF his dece-se vas "a
,sthorized liquor seller from seling aoy buch ~ los
!. nav come TO their possession - property al sucn
S,oessed LIQUOR seller to any person authorized oy
die oct TO sell liquor
SIC w Every person who shall violate any pro-
op OF either OF The preceding estions stall, upon
rouvicticn be adjudged guilty Of mi-dems4aor'
and except for failure 10 fla his return or make ms
entries as in the Las. section PROVIDED, sa1t
forfeit Gil the liquor kept by him 10 Vhevon VI
ether a the preceding sections, and be puornei IS
follows For any violation Of section hs', Tor toe mrs.
oIense, by fine Of fifty dollars for lne seoVHt Vi
Tense, by fine Of one hundred oola's, euu MY
cars imprisonment; for the tnrd ana every suoss-
usnt ogsnse nv A fine Of not less than one bdndred,
nro- mora than FIVE hundred dollars, and by in
nri,opment not less than three nor more than
ak months For any violation OF section sec.
end or third by fine Of one hundred dollars, and
a. imp,isoumeni in the County Jail for not less than
,,tv DAYS and be ever thereafter osqa Allied for sell
;ng iauor within THE State. Upon every conviction
he defendant sha also be required to pay all costs
and fees as provided by this act In default OF
nsymept Of any such fine costs and fees, sny par.
hereof the defendant shall be committed antil toe
ne a1s paid not less than one day per dollar OF the
snount unpaid. II any person purchasing any liquor
4, In the last section provided, shall 1T tie time,
make any false statement concerning tue use
"a which such liquor ia TO be applied, be shall be
deemed guilty of misdemeanor, and upon c0nvic
ion thereof sbal forfeit and pay dne Of ten dollars
and eosts and counsel fees, provided in this oct,
and stand committed until paid, not less than one
dsy per dollar Of the amount unpaid.
SEC. V. Every Justice OF the Peace, Police justice,
County Judge, City Judge; and ia addition in the
CIV OF New. York the Re coroer, City Jucge each
Justice Of the Marine Court aud the Justices Of The
District Courts-.and IN all cities where there
!. a Recorders Court, the Recorder-soal have
20 haa nd DO nm ul
Tor oil oenses arising under any of the prov sion.
u this act and they are each hereby auth prized
end required to hold Courts Of Special Sessions
f the tIial of such offenses and under THE at to
Go all other acts GDd exercise the same author
y that may be done exercised by Justices of the
Peace in criminal cases, and by Courts OF Special
Sessions, as the same now constituted; aud the
farm Nj agstrate as used in this act shall DO deemed
10 refer 60 and include ca b officer named in this
ten. Such Court of Special Sessions sh all not be re-
CURED 10 take the examination Of any pestn brought
before II upon charge of az oeDse under this sc,, cut
shall proceed 10 trial as soon thereafter as the com
DsiDaDt he notified and for good cause shown he
nay adjourn from time to time, not exceeding twenty
days. At the time of joining ISSUE aud not after either
party may demand trial by jury, in which case the
magistrate shall issue q venire and cause
juryl TO be summoned and impaneled as in
other criminal in Courts Of Special Sessions.
The complainant may appear upon such tiial on be-
half OF the people, and prosecute the same with or
Without counsel. He may also prosecute the iIne in
al the Courts 10 which as hereinafter provided sp-
PEAL may be taken, in person or b, attorney, or re
nay apply to the District Attorney, whose duty it
hall be, upon such application, to appear and con-
tuc said trial the appeal from the Judgment there
on or both. The same costs and disbursements shs
allowed against the defendant upon such appeal as
ne now allowed in civil actions in those Courts TO
which appeals may be taken, according TO the
PROVISIONS Of this act In all cases, il the
| District. Attorney shall appear and conduct the
| appeal, the costs, if any shall go TO him for
| bis Individual use, in other cases, to the com
ltnftI
any part thereof, the defendant may be committed to
he same extent as provided In the fourth section Of
| this act.
| SEC. VI. Whenever complaint on oath or affirma
ton ihall be made in writing 10 any magistrate by
one or more credible persons, resident of the county
where the complaint is made Of an adion-
hg county that he or they have reason 10 believe,
and do believe, that intoxicating liquor is kept or de-
posted in violation OF any provision Of section first Of
Tim act whether the person so keeping or deposting
The same lie or i, not known 10 the complainant in
nmespecled place places within the city own in
which such complaint is inside, upon any water al
actnt thereto, or within five hundred yards of the
boundaries thereof which complaint shall state the
facts and circums ances upon winch such Loiiot 10
founded, such facts and circumstances shall DO
stated upon oath affirmation Of some other person,
II sba bt the duty of such magistrate, if he is salts
ted that there probable cause for said belief, forth
with to issue war; ant directed in the same manner
a. criminal processes ore now directed, commanding
tie officer, with proper assistance, forthwith dill
gently to search such place or places, and 10
from said complaint other proof furnished, said
magistrate shall be sat fed there is prob sbe
for believing it is kept or deposited In VOL alton OF any
provision of stcOo FIRST together with the vessels In
which the is contained and to store the same in
rme safe and convenient place. 10 be disposed of as
hereinafter prov ided. IL, from such complaint or
poof or boib, the person 80 keeping or depo'i ing
,sd liquor, shall be made known or ascertaned
to the satisfaction of said magistrate, he shall
tsUe a separate warrant for the arrest OF such
perop to be dealt with sec ording to the provisions
Of this act But warrant shall be issued under this
act 70 search any ouch dwelling house a. 10 de-
,cribed in section first of this act, unless the
occupant thereof shall have been convicted. as
herein before provided, of having sold otoxic iting
liquor in his dwelling house suffered il TO be done,
within one year next preceding the issuing thereof.
Every warrant so issued shall par culariy describe
The place to be searched and the things to be seized
SEC. VII. Whenever any liquor shal be seized un.
der any provision OF this act ii shall be the duty OF
The officer by whom such seizure is made, except III
cases where the owner thereof shall have been ar
rested forthwith to give written notice to the owner
or his agent If known Of the seizure oil sueh liquors.
which, and the vessels containing the same
shall be described in such notice as near as may
BE- and Of the name Of the magistrate by whom the
warrant was issued, or in case of seizure under
,ecton twelfth, before whom the person arrested was
carried and the name and residence OF such officer
making such seizure. and the time of such seizure.
Such notice shall be served by delivering 1t to the
bis agent personally, or by leaving the same
ct bis last or usual place OF residence with apsrson
OF mature age, residing on the premises. II the
bis agent cannot be found, and his place Of
residence Is not known 10 the officer such notice shall
be served by delivering the same TO any person Of
nature age, residing being employed in tae place
IN which such liquor contained or, II none such
can be found BY posting the same In a conspicuous
place upon the outer door Of such place and copies Of
sIoh notice containing also description OF the place
IN which sucb liquor found shall forthwith be
conspicuously posted in at least three public places,
within said city or town. Any person may at any
tine before forfeiture, present TO the magistrate