The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-19

shall have been found and seized In the possession OF
person who shall have been arrested for violating any
provion OF the hrst section, and not claimed by any
other person, shall upon conviction Of such person o
such offence, be adjndged forfeited.
sec IL II shall 10 the duty Of every supervisor aud
per nendent OF the poor and Of the POOR and
e sba be the right svery other person. whenever no
shan save any knowedgs or Information that any Of
fence has been committed under any provision of ths
act to make complaint cause complaint to be maie
there and to prosecute sach complaint ia the OF
the people In case any person othsr than ouicer
shall MOI make out prma aca case before the mngts
trate upon the trial of any psint under tho 6rsl
section the court shall render judgment against
such perscn Tor the costs and issue ion there
on in the same civil actions before justices
Of the peac, One or more such oaces mag be
IN any Complaint or warrant against the person
persons, and shall be tried the tlrne and the
person or persons charged shall be pun for eaoh
offence OF wheh he or they shall bs convicted, upon
separate convictions but such oncnces shall all DO
sidsred as cf the degree Whenever any fine I'm,
poeed .nder any provision OF this snail bs collected
one ha Thereof shai he paid to the person
uon whose voluntary complaint the was issued
other than an officer, and the other half 20 the
Of the poor OF the town In which the offence
committed for the support OF tho poor in cascs
where such expenses paid by the town; aud
where the poor are supported BY the county, then
be conyictec upon the testimony OF any
plaDant, unsupported by other evidence unless such
such part of the fine; In which case, and when the
proceeding shall be instituted by any officer the whole
o. such hn sha be paid to the of the poor
the county treasurer
sec. 10 certificate under the hand OF any magis.
rae, stating any such oi.oce charged against any per-
son, and Ju'snr Mt thereon, shall be evden In all
courts and place. OF the facts stated therein Bu, no
ueh certificate shall be entitled TO be read in evidence
IN any ensr county than that In which such
magistrate shah reside, unless thore shall be
annexed thereto certificate under the hand
and onlcia, zeal Of the clark Of the city or
such magistrate At the time OF such conviction was
duly qualified and acting such magistrate and that
he signature Of such magistrate to such certificate u
sec 1e. No person who shall have been convicted Of
any onthce against any provision Of this act, wko
shall be engaged In the sale keeping Il intoxicating
liquor con rary TO the provisions OF this act shalt
comp-'bt 10 act as juror upon any trial under any
proyisior Of this act; and when information shall be
cemmun Gated the G. uit that any person sumponed
as juror npon any such trial has been convicted or
mtnsnsea IN such unlawful sale or keeping or Is be.
Lesed 70 have b. zen convicted to bc engsyel
shall b. the duty Of the court to examine such psr
uIon oath In rea ion thereto; and that he
MAJ nave shall be used against him In any acton
prosecution which may be commenced asaiust him,
under any provso OF this act except for perjury
sneh exam ,aton hut he may decline TO answer, la
trial No person stall maintain action TO the
value OF Possession oi any intoxicating liquor sold
kept by him, which shall be purchased, taken detan-
cd injured by other persoa unless he shall prove
that such liquor sold according TO the provisions, of
this act, or was lawfully kept aud owned BY HIM.
m.nced under any provision of this at proof OF the
salc Of liquor shalt he sufficient 70 sustain aver.
,hall be prima fdeis evidence OF sale. No em.
tebce shall be received In Justification OF such
defendant
his pea or answer shal have avowed such sale under
tad section, and sbaIl accompanied such pea or
answer With an affidavit affirmation that at tee time
81 such sal" he verify believed that the iuor oi
intended by the purchaser to be actually used In
other way than as beverage, ard not TO be Sold ds-
POSED Of given away used the premises or that
such purthacr duly authorized to sell LIQUOR a. pro
yded by the second section of this act ca ,y
be- and ao citing fora the circu o. such sale
atd the reasons upon which such belief founded.
rec 10 No person or corpt ration shall knowing
" carry or transport any liquor within this state,
person 'hal vingly deliver any liquor 70 any
ctL'r person or TO any corporation for the pur
rsue ard place of business residence Of The person
whom the s,me - 20 be conveyed together with tho
words "in'oscstng liquor" are visbiy ard distinctly
sme is eoniainsd Rut this section shall not apply 10
lie carrying of liquor In quantities OF Ave gallons or
less to any ploc. .tbn the county In which the - as
vac fod, or within adjoining county. Any pers N
or eororat on Offending against any proysipn OF this
mctnD, cha ,e liabe TO penalty Of fifty dollars, to
lslgoB Who shsil hrst commence n action therefor
zee ~ 10 any county In which thsre nls IL, or
sny CONVICTION 4 had for an oG.nce against any BRO.
yison of the act may, In its discretion sentence and
commit tie person convicted TO such pen tentary, st
hard labor instead Of the jail of such county aod when
the runsbuent under any provision % this net Is
mrrtoLnebt o. commitment, Il shall be a commitment
Ia the county jail without the lpp.rtes thereof
Fec 90 livery public officer who shall neglect or re.
fuse e. rforn any duty required Of hm ny section
of tbs act shhl upon snyicioa thereof 10 nainr,ei
gully oi msdemesnor, and shall be punshe By hne
not exceeding i've hundred dollars or Wy imprs nmeut
not exc tdnz one year, or BY both hne asd imprson
m.nt such conviction shall worl forfeiture of Once
10 AL cases, except those ~ judicial officers ANY per-
vlo tha directly indirectly oppose resst any
cr tuy one called BY him. 10 his all In the exec
ton any cuiy under this act shall be dee med guilty
81 sdemsHbor, ana punished by dne Of not
lees ilan two hundred dollars, ard ~ imprisonment
not lfss Than In months The exist,ag provisions OF
sw relative 10 msdeme and shall apply TO
on,nce created by this act, except where the
ircOn,ist,nt theI'witb.
Egr iers all lua nlA nd Incl ffua
JUDI snt for cos for the following services rendered
under tie provisions Of this act, tho following fees,
which fhall be audited and paid Ia the manner
ices IL oher crimitai eases, and whenever judgment
~ al be rendered for costs, there shall be included
therein f.es for such prospective services shall be
oessary 10 enforce tuth judgments and when fees
herein provided, the came fees nos provided
in criminal es,.s for simil.r services.
To any magistrate perform the follow ng ssryie's
For every warrant or summons oi any Kind twenty
five cents.
For the trial Of any claim, one dollar.
For a certificate Of con vie,ion, twenty. Ave cents
Fer taking and certifying complaint 70 another magis
tTsic, Glty cents.
10 any rhrin or other Officer performing the follow.
FOR serving summons for witnesses, for each psrson
serve, twenty-five cents.
Itr executing any warrant OF search, msk ing any
seiaLre without process, one dollsr
Tor conveying liquor sez'd = place Of storage atty
cspts tesces expenses Of lator carriage and storage
FoT executing wsnsnt Tor d. srgcton q forfeited H.
quor, bofidss actual sxTeptss one collar.
For conveying certified complaint 10 any magisrats,
Ior every nile travelled more than one, In perform.
ing any Of the atoys services, lsn eeIts.
To the Jsnon, 9th er than the M plsinAnt summoned
"a wtnsis the obstruction of forfeited liquor for wie
messing such dsltTuouon aud Joining with the onesr IN
nAb ~ IT,oi thereof, one d, liar.
10 any supervisor or super.n,snsen % the roo, 90
al the two dollars for erch day IN which
lie y actually engaged In aits ndng 10 any complaint
Ir,'eeutioD, and ten cents for each NILE ac,usJ ira
ycled.
sec q. Nothing In thl. act shall be construed
80 q TO prevent the sale of elder, IN guam itiss
not lees than twenty eight. gallons. But easr
fod shsli be drank the premises n the seller and
any such drink tg, or 70 purchaner by the teer "
portion Il the cider scd BY him hall him 20 the
penalties provided In section third Of hsact Nor shal
t act he construed to prevent the manufacturer
Of ale oho or tf vine from grapes grown ~ him, from
k,eTpg selling such alcohol win. 20 any person
authorized by tbb act TO le the Ibs tsrm "in.
t0sicftipg liquor, and 'hgnor,n used 10 ,lia act,
,ls bs construed 20 .1spd 20 and include alcohol dis
titled and n alt liquor, snd ali lqsors that can ntori