The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-03
The Liquor Law-Important Decision In the
Liquor Case.
COURT OF COMMON PLEAS.

COURT OF COMMON PLEAS.
Before Hon, Judges Inerahsm and Woodruff.
The Mayor, Dr., Of Netc York rs. Robert Waler.-
Irgrsham, First judge This action brought 70 re-
from Il def rdsnt several penalties for Isrcn.
offences under the license laws The complaint contain
ed charge Of selling by retail strong and spurious
liquors, In the city OF New York, to be drank the
PENDANTS premises In said city without being licensed
according TO law also contained charge Of selling
strong and spurious liquors in the city OF New YORK.
without any license 10 do. For the 6rst osoce the
penalty Of twenty i've dollars Ia claimed, and for the
econd Of ten dollars for each violation Of the law The
defendant admitted two sales Of liquor alleged in the
complaint, subsequent TO the LIST of May 1856, and
without any other evidence the Justice rendered ads
ment for atty dollars Upon this admiss ion there was
not enough TO warrant the udgmsnt that Tered
The penalty Of twenty-five dollars which the Court BE-
low acjudged the defendant TO be liable for was for
violation Of the statute Of the STATE and the offence
nsstsd in selling by retail ssfopg spurious liquors,
other offence charge ed in the complaint was for vo
lation Of the ordinance of the Common Coun ILL., which
p,S' ,Ss p.n. o. ten 70, ssa
and spiritous liquors without any hcepce 10 70 DO.
The defendant only admitted two sales Of nquors
1850 There nothing In this admission that proved
the first offence for which the greater peuAlty
"a b indictment with two offences Of the same nssars
but Of different desrees as to- punisnuent, sho adm
that he has committed Of the offences charged
guilty Of the greater To warrant sivas Judgment
In such the adm Ission Of the defendant, II
should be made In such way ~ to show which oasoce
has been committed, and to which the deenisot in.
tended the admission 70 apply The fret offence charged
Is selling by retail strong and sp;uous liz uors In toe
city Of Sew York. 10 BE- drank the premises OF the
seller without being licensed according 20 la~, in
lat On OF the statute Of the State The second offence
cbaseds selling strong and sprituous liquors. in the
city OF New York without any license in volston Of
the ORD nance OF the Common Council OF the city. Toe
o.Iehdants admission may be applied 10 one or the
other tuto be applied 70 the latter, the I'D mission
Goes not describe offence for which pen Atty i'm
possc either oy the statute BY the ordinance. The
can no event be ssstaned for tue greater
pepsy We might by virtue Of our power appeal
ieouee tne amonnt OF ths Judgment the lesser penal
~, that penalty could be recovered in this action
spd " would tben only be necessary to 6ecds the ques
tier TO the effect OF the sections OF the act OF 1885,
now IN force upon the ordinance the Common Coun,
ell imposing the penalty OF 80 THIS would render M.
necessary the ctcson OF the question no Far the sta
tutes OF 1874 and 1877 repealed by In. at ~ Is,s
but recovery be bad for the pensIt I.co..a
by toe ordinance OF the Common Council for the
hereafter STATED and A. the counsel have ARMED t,s
question Of repeal as applicable 10 the sttutss or an
legislature en- this subject. have deemed Il nss. -
TO omit the examination Of II a. the present tina III.
bret act on his subject remaining in pare unrepssei i