New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-01-15


con p,airsni unsupported by other evidence. Inless
such complainant shall before trial, waive 10 rseAt
TO receive such part OF the 6Ds, in which 49, ssd
when the proceeding shaJl be instituted By aay
.ffc.r the whole Of such fne shall be paid % The
ONers.er.
SIC XIV. A certi6ca'e under the band ef any mseis-
traie stating auy such 0teDse charged assins. any
Iersor and Judgment thereon, shal be evidence "a
al Courts aid places OF the facts stated thersin Bus
70 spch cerfese IN Al. be entitled 'o be resd 10 ev,-
othee IN any other county than that m when saca
usektEste shan rSsicr unl,ss there shan he amazed
Thereto c-these nncer the hand sBd official seAi VI
;te Citrk CT the ei;y OF county ~here suca msgis-
Tste resides that such ,rs,e a. the time of each
conviction, sss ctly quslited and acting a. saoh
isirsi. and that ssch Clerk i veil ssaa aintsd
win tie hAdNunrg OF such magistrate and verify
believes thar the sinsture Of such magistrate 70 sucb
certificate l. ceIuDe.
SIC WI Ncpei.ot who shall have been convicted
of any ofeIse 81 ahst any provision Of this Get or
vho sh.ll be epgsged IN the sale or keeping Of in
toxicstrg liquor, contrary 10 the provisions Of tbs
set shell te competen; 70 act a. a Juror upon any
trial under any provision OF tbs act and ~nen In
ioruatlCn shall be communicated 10 tue Court thN
any person summoned sc juror upon any sach thai,
has been so convicted or Is engaged 10 such unlsv-
fol .ae or keeping or Is believed 10 have been ~
convicted or 20 be 50 engaged, Il shall b the duty
of The Court 10 examine such person upon oath 10
relation thereto, AID no answer that be may make
.halI be used against hun in sDy sciion, ciVh OF
ciluI al, which NAV be commenced agNnst hun ue-
Ger any provision OF this p' upon the trial OF
an Indictment FOR perjury. bu, ne may decline TO
answer. IN which case he shall be discharged - Q
jur, msn such trial. No person shah maiutAin
acti"n 10 recover the value possession Of any IN
toxicsting liquor sold by him, taken, detained or
injured by any person unless he shall prove hst
such lquor was SOLD according 20 the provisions Of
thu act, or was awfnlly kept and yued by him.
SEC. XVII. Upon the TIL OF any complaint con-
nonced any provision of tnis acs proof VI the
sale of liquor shall be sufficient "a sustain On aver
men of n unlawful sale auc proof of delivery shsl be
rrmQ face evidence of sale. No evdel nee shall be re
cevt jus u6csou of snch sale uodsr the second SEQ
ton M ,ss the defendant in his plea sos ser sh Nj
have syOsod such sse under sand section and shall
have sccon panied such plea or answer with an ath-
cavt or affirmation, that AZ the time Of such sao he
verify b. hevta ina, the liq1or I'D was intended by
the purchaser 10 be actually used in soms other way
iban beverage, ani BOT 10 ~ SOTO, dispoeed OF,
or given away, used the premises or thss such
rerson duly authorized To sell liquor provided
hy the second section of this act tue case nay be,
ard also setting forth the Circumstances Of such SALE
and the reasons upon shich such belief wa touaded
SO NvlIi No person or corporation shall know
iDely carry sport any liquor within this Sts's
from any place within the United States and no per-
sen shall kr ow nely Gebver any liquor 10 aay person
or 70 any corporation Tor the purpo-e Of being 40 car
td or transported unless the name and acs OF bust
ness or residence of the person to ~hom the came 10
20 te couve, cd, together VITA the words ntoxicat-
ING liquor," ave yisibly and distinctly marked on
the onside packa. la which the same 10 contained.
But THE section shall apply 10 the carrying OF hqaor
H. quanIes Of five GALLONS less 10 ssy place ~lth-
in the county IN which the same Vas sod. or within
an az Joining cOubty. ANY person or corporation Of
fencing against any prov ison ~ tois secten snail DO
liable 10 penalty of s5Osto be sued for and recover
% by AZ q Ia The of any person who shall het
conner action therefor.
SIC. NIX In any county 10 slich there is or here
AFTER nav be n PeDiteutiary, the Court before when
any conviction is bsd tor an ofr,s- against any pro-
Wis OF OF this act may Iis discretion, sentence and
commit the person convicted o. such Psnitentixy 81
hGId labor instead OF The common Jail of such county.
sc Xxx Every public tii''r ~hb snail neglect 70
perform any duty required ~ him by any section OF
This act sbsl, upon conviction thereof be sdJndged
guilty If misde NEAR or, add sba be- punished by
rre lot exceeding $500 or by imprisonment, not ex-
cetcing oDe year or both by hne snd imprsonment;
such conviction shah sok forfeltnre Of office IN ell
case. eNc,p those of Judicial oiiirrrs Any person
Who sba,l directly or incorrectly oppose or resist any
officer or any called by him Ia ms ad IN the exc
cu,ion OF any du,y under th's act shtli be deemed
guilty If a ui,demeoDor, and punished by shae or
rot less than $500 by imprisonment not Iess than
siNuoDtns TIE existibg provisions Of Law relauve
10 u-demeanors aud offences, shall apply 10 offences
oehttd by this act except wnen tbe same are moon
sisttut herewith
Sc XXI. There ehall be allowed and included in
every dgueLt for costs for The following saryces
reuoereO under the provisions ct th's ao inc follow
inc fees Which shall be audited aud paid 10 the sane
mailer a. f. In other criminal cases, and whenever
judgments sbHl be- rendered tor costs there shall %
ucuoed herein fees for sach prospective services a.
sbal Le necessary 10 enforce sucs jddgments; ana
now urovs.d ia criminal cs-e for similar servses.
ToaDy Magistrate performing the io,lo wing services
For every warrant or SUMMONS of any kind twenty
five cents
F,r the trial Of any claim, cue dollar.
For certificate Of conviction, twenty I've conu
For taking and certify ing complaint to smother Ma
li-trhie, fifty cents.
10 any Sheriff or other oticer performing the fol-
lowing services:
F'r serving for witnesses, for each person
s.TVed TWENTY-FIVE cents.
For executing any warrant OF search or making
any seizure without process One dollar.
For conveying liquor stized 10 place OF storage
fifty cents besides expenses OF labor, carriage sad
storage.
For executing warrant for destruction OF forfeited
liquo. besides actual .Xptnses one dDliH
For conveying certified complaint 70 any na1is-
traie fifty cent?.
For every mile travelled more han one in perform
ing any Of the above services ten cents.
To The penOn other tn the complainant sum
mol 20 to witness The destruction OF forfeited liquor
for Messing such destruction, aod joining With the
officer in making proof thereof, one dollar.
To any Supervisor. or SuperD endent Of the Poor,
or Oyenesr o. the Poor, 20 dollars for each day In
which be IL actually engaged ID attending 10 any con-
plant prosecution and ten cents for each mile -
iually Travelled.
SIC XXI Nothing in this set shall be construed
30 a. prevent the sale Of cider QUANTITIES. not lee
than twenty. eight gallons, but cider 10 bought
shall be drank the premises OF tho seller; anf any
such drinking, or repurebass ~ tho seller OF pcf
ton Of the ccer sold by him, shall subject hun 70 Nc
penalties provided in section thnd OF this set Nor
Shall this set be construed 20 prevent the manu-.
faciuIer Of alcohol Of vine from grapes grown By
bin, from keeping or selling such alcohol o. vine 70
any person authorized By this act 10 sell The same
The tenn " intoxc sting liquor" ana "H4sos," -
used in this act shall Construed 70 du.end 70 and
include all alcohol disilled and malt li1aors, and
quors that can inioxcae and all drusged iqsors md
mixed liquors. part VI which Is alcohol distilled, or
malt liquor
sEc. XIII II shall be the duty Of the presiding