The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-16


the criminal act and intent which constitute the al
legged offence Without this there can be ssdue pro-
as he always should be- of the particular offence alleged
against him. This clause also requires that the suppos
cd offender should be brought into court to
the offence he should be allowed opportunity, at.
ter due notice to meet the charge made and denied By
him. its truth falsty should be determined By jury
according to the of the common law. There
be such complaint and su n trial. or an opportunity
for one, before person be consttuonay deprived
Of hfe liberty or property by any such proceeding All
this saving clause of the constitution equally contro
ing for the preservation Of property Life, liberty and
property are Psoiee "a o. the same s ,nsd
VI. Porter. Hill 14o, 2 Kent 9th cd. ID
and note 8. story's Com. on the Constitution
series 622 and the next two following in the
voi) Such the undoubtsd rights Of every person
in this State and of which he cannot be deprived while
the constitution remains it now is. But these
qurements Of the constitution violated In their most
vital parts by the confscaton provisions Of this act
The offence for which liquor may Be seized under .
warrant from magistrate and be finally destroyed BY
his order is that it is kept deposited in wrong place,
with wrong intent specified In the 6rst section
must necessarily be the act OF person. and II must
be accompanied and qualified BY his Illegal intent whore
offence for which the liquor may be seized provided
in the sixth section is the simple act Of keeping de-
posting II in wrong place. or there Is supsradded the
constitute the grounds for . seizure and ultimate
destruction Of the property. But this Is the offence
OF some person. ana not OF the property, lot mere inert
matter in way violate the law, although II may
be an instrument in such violation BY the person who
keeps uses IT, A the offence L. personal, the gult
OF the offender be established by due process OF
law before the lawfully % deprived OF his
property But this act in assuming to authorize the
seizure and Of liquor thus kept Deposited
plainly violates this saving provision of the constitution
1.-The act does not require in order to authorize
such seizure and confscation, that . complaint or
charge setting forth the facts which constitute the al
legged offence should be made against any person what
ever. All the act requires Is that complaint oath
or Animation in writing, should be made BY more
credible persons "that he they have reason TO be-
beve and do believe, that intoxicating liquor " kept
OF deposited In violation OF any provision OF
section 6rst Of the act whether the person so
keeping or depcsiting the same Is or ID not
known 10 the complainant, in specified place or
places" &c which complaint shall state the facts and
circumstances upon which such belief is founded &c
(sec 81 1.-THE magistrate s thus satisfied that there IL
probable cause, nothing being reqirsd for said be-
lief he IL TO issue hts warrant tn the place and
places named and seize call intoxicating liquor fouud
therein which from said complaint other proof said
magistrate shall be satisfied there is probable for
believing 10 kept or deposited In violation Of any prVv