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

mxuB 70 tHttf cUmPIhht shall fA 70 AppeAr BY MmseII
or attorney and defend or prosecute any appsa brought
under any provision 81 this to apply ~ the DIS.
trctatorney as proyia IN section hfth, he fhgll be
personally liable Tor the COSTS aud execution therefor
may BE- ssaed against him as in civil actions. All
cutions issued upon the hnsi determination OF any
peal adversely 10 the defendant, 10 collect thu xmsn
thereon shall be in the OF the poops Of the state
OF New YORK against tins property aud person. II any
execut so Issued shalt be- returned unsatis6ed IN
whole or IN part any person per-ons having any In
wrest IN such Juf smsnt, may mointan an action this
name Il tie people Of the stat- Of He~ York upon
undertaking given upon tn. appeal anc therein
Tie amount o Is intfrest Ia such judgment with costs
sec 10. Wheneser any liquor seized under any pro.
vision OF this act shall not be adjndged forfeited the
oces having the in custody, SHAH return to the
place vhere II xas seized but when II shall DO adjuisei
forfeited, as provided in any section OF this act,
whenever any rial sha have resulted adversely to the
defendant and the time for serving notice of appeal
sban have elapsed an notice and undertaking shall
have been served the judgment appealed from shall
have been finally decided adversely to the defendant,
and notice Thereon gwen TO the magistrate before whom
the trial had 1, shSll duty OF said magistrate
forthwith to issue warrant commanding that tho
liquor so seyod and forfeited, be destroyed and the
onicer To whom the same shall be delivered shall
forthwith prccetd In the presence OF of the
comb iainants, or OF aome person TO be aesg.
mated in .uch warrant, and TO be Summoned by him, t.
officer in mabina by AFFIDAVIT OF the time place
amt manner OF the execution OF such warrant and upon
.ne receipt oi ssd return sad MAGISTRATE shall order
execution to issue to said o6icer who shall procsol to
to the vessels which contained said liquor aud pro.
..d, Of said ssle shall be applied In Ike
votd by This act In other cases.
Sec. IL Wherever complaint on oath or af In
writing which complaint shall state the facts aud crcum
stances pom which his belief Is founded shall be made
before any magatr te by person. that he has just
cause TO suspect and believe that any offence against
any proviioa OF this act has beeu committed aud
That some other person persons named by
him, has or have knowledge OF tne commission
OF such offence, SUCH magistrate, II he thinks
there probable cause to believe that such offence
has been onmtted, and that such person persons
has or have lposedge Of the commission of such of
fence sha forthwith issue summons 10 the person
persona 80 NAMED commanding him or them To appear
before him ut place and time not thar lays
thelsaer 10 be designated la such summons, TO testify
in relation 70 such complaint. Such summons may be
served 10 the same or adjoining county by any Of
hcer 10 whom the same shalt be delivered or by any
other person. by stating the contents delivering
copy thereof to the person persons ,med therein
and at the same time showing him them the orig nal
II the persos persons summoned shall fail to ap.
pear the Magistrate upon proof OF the service OF such
summons, by the return OF officer, the oath OF
other person, shall issue nm attachment TO compel
their attendance for the purpose OF giving such es
mopy, which attachment may be executed In any part
OF the state The person attached may, unless some
reasonable cause excuse be shown, by his oath
the oath OF other person be punished by ns OF
not less than ten dollars and in default OF payment he
may be committed to the same extent provided in the
fourth section.
Sec IL II shall be the duty Of every sheriff, under
sheriff, deputy sheriff. constable marshal policeman
(apd they hereby authorized to all processes
TO be issued by this act) to any person whom
he shall see actually engaged in tho commission OF any
offence la violation OF the first section of this act ana
To seize all liquor kept violation OF said section at the
time and place OF the commission Of such offence
together with the vessels in hich the
and forthwith TO convey such person before ig
trste Of the city TO m be Dealt with accord
ing TO law and TO store the liquor aud vessels seized
Ia some safe ana convenient place. to be disposed
hereinafter provided IL shau be the duty OF every
officer by whom any arrest and seizure shall be mads
under this section TO make complaint oath again,t
the rson or persons arrested aud 10 prosecute such
complaint to Judgment and execution II shall be the duty
Of every such officer whenever he shall any person
inte xcated In any puhc place disturb ng the bic
pace and quiet, to apprsbend such person. and TAX.
bim before some mags'rate ami II said MAGISTRATE
shall de m him too much intoxicated to be examine.
To answer upon oath correctly, he shall direct said on
Ger TO keep him in afe and convenient place be
designated by said magistrate, until hs shalt become
sober and thereupon forthwith TO take hm before sd
magistrate or II he cannot be- fonnd before ether
magistrate and Whenever any person shall appear be
brought before any magistrate provided in this
the preceding section IL shall be the outy OF
gstraie TO administer to such person oath arma
ing whether any oneoce has been committed against
any poviiion of this act IT, upon such animation
committed within the Jurisdiction OF such mag strate
shan be his duty TO issue warrant for the arrest of
the offender and the search Of bis premises hsr.inbe
Tore provided IL Il shall appear tnat any such oil.
has teen committed at any place beyond the Jurisdiction
of such magisrate IL shall be hs duty reduce such
examination TO writing and forthwith to certify and
seed the to any officer magistrate having juris
dicon OF the offence charged who shall pom pro-
ceed in relation such com plant IN tho same manner
4 the same had been mad. before him When II shall
appear upon said exam nation, that any offence has
been committed the witness or witnesses shah enter
the trial or be detained until such trial shall bc had
II any such wtnes. shall refuse 10 be sworn or
examination or trial. he shall be committed TO the
jail there TO remain until he shall consent TO be
sworn or affirmed, To disclose.
Zee l3. All liquors seized under any provisions Of this
act except In where the thereof shalt have
been arrested shall be kept stored for after
service and posting OF notices. requ red by section
seventh, after which time upon the proof Of such
vice and posting by the return OF tile officer endorsed
upon the warrant Of search or by other evidence 70 that
same conain,d shall be- adudged forfeited by the
magistrate named In such notice, 20 ~hom such proof
claimed as htrenbefore provided And all liquors which
shan have b.en found and seized n the possession OF
any person who shall have been arrested for violating
any provisions Of the first section and elaine BY
other person shall upon conviction Of such person
of such offence, be sdiudged forfeited.
Sec H. II shall 10 the duty Of every supervisor an
superintendent OF the poor and OF the poor
ard shall be- the right Of every other person. when
he shall have any kno Wedge or information that
any offence has bcen committed under any provision of
this act, 70 make complaint cause complaint 70 be
made thereof and to prosecute such complaint n tho
name Of the people In case any other than sny
officer shall not make out pTinad Jdce before the
magistrate, upon the trial of any complaint under the
hrst section the court shall render Judgment against
such person for the costs execution thereon
in the same manner In civil actions before justices
charged in any complaint warrant against this
person or persons and shall be tried at the time
and the person charged shall be punished for
each offence of which ne they shall be convicted
upon separate convictions but such offences shall all
be considered ~ of the sams degree Whenever any
6ne imposed under any provon Of this act shall be
collected one half thereof shall BE- paid 20 the person
or persons upon whose voluntary complaint the war.
rant was issued, other than an one.r and the other
part 70 the ef the poor Of the 10 which
he offence committed for the support Of the poor
In cases where such penses paid by the town and
where the poor supported BY the coun,y then 10
the treasnnr Of tho county. But person shall be
convicted upon the testimony Of any complainant
unsuppofed BY other evidence, une,. such complain.
ant shall before trial. waive his right ~ receive such
part Of the fine In which case, and when the proceed
Ing shall BE- instituted by any Officer the whole of such
tine shall be paid 10 the overseer.
Fec. Is. certificate under ths hand OF any magis-
trate, stating any offence charged against any per
,on, and Judgment thereon, shall be evidsne. Ia all
courts and places ~ the facts stated therein bat
such certificate shall be entitled 10 be read In evidence,
any other county than that In which such magrsts
shall reside, uness there shall be annexed thereto
certificate under the hand aud ocs seal ~ the eers
of the city county where such rnAstrase resides,
that such magistrate. At the time of such eonvicoa,