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


airseDed to examine such person witness rela-
tive 10 the cause Of his ntn1ica'ion 10 asc srtsia
whether tny person has violated the provisions
OF this tct. but the testimony so given shall no.
IN any ca-e be used sgsinst him, IN any civil or
or mnsl action txcep. upon an ibdictmen, snd trial
for perjury. All such fines shsll be applied TO the
support Of the poor Of the city or town where the Of
fenss is cou mitiec.
SIC Kill All liquors seized under any provi.on,
~ this act except in caves where the owner thereof
shal have be. arrested shall be kept stored for thirty
days after service, end posting of DO.csI. as To-
quireo by section seventh, after which time, upon ths
proof ofuoh service aud posting by the return Of the
officer iDdor.ed upon the warrant Of search, or By
other evidence 20 that effect such liquors together
With tbs vessels in which the came were contained,
ihall be sdudged forfeited BY the magistrate named
in such notice To whom such proof shall have been
made unless they shall have been claimed az herein
before provided And all liquors and vessels in which
they ore contained, which shs have been found and
seizei in the possession Of any person who .ha have
been arrested for violating any provision OF the first
section. arc not claimed by any other person, shall
upon conviction Of sach person Of such oenss, be al!
JUG ged forfeited.
SIC XIV. 1t shell be the duty of every Supervisor
and Superintendent Of the Poor aid Oyerseer OF the
Poor and la. be the right Of every other person.
whenever be shall have any knowledge or Informs
ton that ,ny offense has been committed under any
provision Of this act, TO make complaint or cause
complaint TO be made tereof, and TO prosecute such
con plsn' in the Of the people. In c.se any
person other than en- officer shall not make ont
tri~o face case before the magistrate upon the trial
Of any comp8 under the first section, and 1t shall
sppesr to IT, Court that he acted maliciousy in
bad faith, with ,ut probable cause for making
such complaint the Court shall render judgment
against such person in favor OF the defendant for the
coss, and ssue execution thereon against the property
end person, in the same manner as in civil actions
before Justices of the Peace Whenever any foe i'm
posed under any provision Of this sct, except
lected, it thsl be paid, together with all
costa to the Oversees OF the Poor Of the town in
which the ofense 20 united, for support Of the
poor, i'll cases where such expenses are PAID BY the
town and where the poor are supported by the county,
then to the Treasurer Of the county.
SEC. XIV. certificate under the hand of any msgis
iraie, stating any such oiense duly proved 10 be
charged agaiost auy person, and judgment thereon
shtll be evic ence IN ell Courts and places OF the
facts stated therein.
SIC. XVI No person who shall have been convicted
Of any oeDse against any provision Of this act or
who shall be engaged in the sale keeping of in
oxicatng liquor contrary 20 the provisions OF this
act, shall be competent to act as Juror upon any
Trial under any provision Of this act; and when
information shall be communicated to the Court that
any person, summoned as juror upon any such trial.
has been convicted, or is engaged in such unlaw-
ful sale or keeping or is believed to have been 50
convicted, to be engaged, 1t shall be the duty
Of the Court TO examine such person upon oath Ia
relation thereto ard that be may make
shall be used against him in any action or pros
ecution which may be commenced against him un-
der any provision Of this act except for perjury, on
such examination; but he may decline to
snswer in which case ne shall bs discharged az q
jury man on such trial. No person shall maintain
action TO recover the value or possession OF any in
toxcating liquor sold or kept by him, which ,hal
be purchased taken detained, Injured by any other
person unless he shall prove that such liquor was sold
according to the provisions of this act or was law
fully kept and owned by him
SIC. XVII. Upon the trial OF any complaint CON-
menced under any provision OF this act proof OF the
sale Of liquor shall be sufficient TO sustain an aver
.fAtH ha
pria facie evidence Of sale. No evidence shall be
ceiveo justification ofsuch sale under the second
ton, less the defendant in his plea answer sh 81,
have evowed such sale under said section and shall
have accompanied such plea or answer with an at
dav affirmation, that at the time OF such sale be
verify believed that the liquor sold was intended by
the purchaser 10 be actually used in some other way
than az a beverage, and not to be- sold disposed Of
or given away or used the premises or that such
puchaser e. duly authorized to sellquor provided
Icy the second section Of this act 'Lo $50 y u,
and aso setting forth the circumstances oil such SAFE
and the a,ons upon which such belief was founded
SIC. XVIII. no person or corporation s1an Know
lugly carry transport tDy liquor within this state,
from any place within the United States aud no person
shall knowingly deliver any liquor 10 any other person
or TO any corporation for the purpose of being 50 car
Iied transported unless the name an ace oil ous
nees residence of the person to whom The same 70
lie conveyed, together with the words intO1lcatlng
Liquor are visibly and distinctly marked on the out
ride package or cask in which the same is contained
But this section shall not apply TO the carrying thqror
in quantities Of five gallons or less to aDy place with
in the county in which the same wss Sod or within
On adjoining county. Any person or corporation Of
Tending against any provision Of this section shall be
liable TO penalty of $50 to be sued for and recovered
by and in the of any person who shall met
commence an action therefor. No person, for him
self agent for any company, o. corporation en-
gagged in the carrying either OF persons or property
sha act ss agent for any person for the puchse OF
any liquors, other than those authorized by this act
TO fell the same while engaged in tuch carrying
trade Whoever shall violate this provision shall be
E,h ia IN q of IN hundred herein
provided-to be sued for and recovered IN the same
manner as is provided 70. violations of Sec frs. Of this
act
SEC XIX. In any county 10 which there IL, or
here after may be apententsry the Court before which
any conviction is had for oepse against any pro-
vision Of this act may IN its discretion sentence ana
commit the person convicted TO such Penitentl.ry,
instead of the Jail Of such county and whenever the
punsbmsat uncer any provision of this act Is imprs-
onment or commitment, it shall be CON niiment to
the pepientsTy or county jail, without the liberties
thereof.
SIC XX Everypublc officer who shall nege Ut ORE
fuse TO any duty required Of him by aay section
OF this act shall upon conviction thereof be adjudged
guilty Of misdtmeanor and sha punished oy ahne
not exceeding $500, or by imprisonment not exc5ed-
ing one year, by both such fine and imprisonment
.uch conviction .hs work forfeiture Of Office in all
cases except those of judicial officers. Any person
who shall directly indirectly oppose or resist any
officer any called by him to his aid 10 the exc
cuton of any duty under this act, shall be deemed
guilty Of msdemesnor, and punished by foe OF
rot less than $780, ard by imprisonment not less than
six months. The existing provisions OF law relative
10 msdemea and ollenes shall apply to offenses
created by this act except where Inc same are coI
fistent herewith.
SIC. XXI. There shall be allowed and included in
every Judgment for costs for the following services
rendered under the provisions OF this act, the foo"
ing fees which shall be audited aud paid in the same
manner as fees In other criminal cases, and whenever
judgments shall be rendered for costs, there shall be
ncuced therein fees for such prospective services as
4. euak i1dy nd