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

such sale under said section, and shall have accopa
MD such plea or answer with All avt affirmation
that at the time OF such sale he verify b. leyed tina
the liquor sold was intended by the purchaser to be
tuauy Used In other way than as u beverage and
not to be sold, dsposed or given away or used ou
the premises OF that suob purchaser was auiy autho
rzed TO sell liquor as pFoyied by the second cion OF
tbis act as the case be- and also setting forth the
circumstances OF such sale and the upnn which
such belief ras founded.
Sec Is No person corporation shall kn ,wingy carry
or ransport liquor within this State from auy place
within the United States and person shall knowingly
dcyer any liquor to any other person TO corpora
ton for tho purpose OF being carried transported
unless the name and place o. business resdencu OF
the person 10 whom the same TO be conveyed t,geter
win tbe wofus Intoxicating liquor are ylslby and
distinctly marked the outside package la which the
same is contained But this section shall not apply
TO the carrying OF liquor in quantities OF i've gaons
or ess, to any plae. within the county In which
the sams sold, within adjoining county. Any
Iers'n % corporation offending against any provision OF
this section shall be- liable 20 penalty OF hfty dollars.
To be sued for snd recovered by and 10 tho OF
person who shall first commence an actoa hor.for
see ~ In any county which there nov is or here
after may he penentary the court before VIII ch any
conviction had tor sn offence against anJ provision OF
this act way, in it's discretion, and commit tho
person convicted To such penisuiey At hard labor in
stead OF the common ail Of such nty.
Sec. 20. Every public officer who shalt neglect
fuse 10 perform duty required OF him by any
ton OF this act SHALL conyi top Whereof be ad.
judged guilty OF misdemeanor and shau be punished
by fine hot exceeding Ave hundred dollars, by i'm.
prif Mt not exceeding year. by both dne and
imprisonment such conviction shall work forfeiture
OF Office 10 all cases except those of judicial oaieer-
Apy !. rsop who shall directly or ndreoty oppose or re
sst officer any one called by him To his all IN the
execution o. any duty under this act snsh be deemed
guilty OF misdemeenor, aud punished by hna OF not
less Than hundred dollars, AMI b. imprsonment
lcss than six months. The existing provision OF law
relative TO msdeines nofs aud Offences sbal apply to
Offences created by this act except when the sams
inconsistent herewith
Fec q There shall ta allowed AMI included in every
judgment for costs for the following aeryce' rem iere
under the provisions o ha act the folio Fing fees which
shah be audited aud paid 10 tho fees 10
other c,iminal .ases and whenever Judgment aha be
% fses
such prospective services shall be TO
force such Judgments and when fees herein pro
CASES for similar services.
To any magistrate performing the following service'
For every warrant or summons Of ANY Kind, twenty
five cents
For the trial Of any claim one dollar.
For certificate Of cosviction, twenty-five cents.
For taking and certifying complaint to another mags
trate, fifty cents.
To any sheriff other officer performing the follow
For serving summons for witnesses, for each person
served twenty five cents
bor executing any warrant OF search, making any
seizure without process, dollar.
For nvsying liquor sszed TO place Of storage hfty
cents beslces expenses Of labor carriage aud s,orags
For eyecutng warrant for destruction of forfeited IL
quor, besides actual expenses, one dollar.
Tor conveying certified complaint TO any magistrate,
fifty cents.
FOR every mile travelled moro than one In performing
any OF tn. above services, ten cents.
To the peraon, other than the complainant summoned
TO witness The destruction OF forfeited liquor for wit
Messing such destruction and joining with the 0Hccr la
making proof thereof, one dollar.
To supervisor superintendent OF the poor, or
Of the poor two dollars for each day In shch
he Is actually engaged In attending 20 any compliant
luton, and ten cents for each mile actually tra
velbd
Sec 90 Nothing In this act shall be- construed
10 prevent the sale of cider In quantities not lets
than twenty eight gallons, but no cider bought
shall be drank ths premises OF the seller and any
such ernkipg, purchase by the soler OF portion
of the cider sold by him. shah subject him to the penal
ties provided 10 section third OF this act Nor shall this
act be construed 10 prevent the manufacturer OF
alcohol % OF win. from grapes grown by him. iron
Keeping or selling such alcohol wins 10 any psrson
authorized by this act to sell the Ths ERIN Sin.
toxicatioR bquor,n and "hquor," usea In this
snail be construed 20 extend and include all alcohol
distilled and malt quors aud liquors that ntoxcate
and all drugged liquors and mixed liquors, part Of which
IN alcohol distilled, or malt liquor.
soc 49, II shall he the duty OF the ling judge Of
every court OF am termner and Of every court of
sessions specially 10 charge every grand jury 70 inquire
INTO all violations OF or offences under, this act.
Sec - All acts and parts Of act, inc nsia,snt with
this act hereby repealed. But suit c,mmeoced,
Indictment founc before this act takes ee shall In
any manner be Affected thereby
sec 25 No license TO ,el liquor, except as herein
provided shal hereafter be granted. All lquor hep, In
violation Of any provision provisions Of TIN. act shall
be oe.med and is hereby declared TO be a pabic
Dpirsnce.
Sec g. Thus act hall take effect the frst day OF
May next except section twenty hfth, which shall takc
effect Immediately.