New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-01-15


this sc', shall have The same pr.ceds0cs other
cilpsl csuse,, ana rsy be moved OF their order
a, any time hy ei'her party
SIZE lX. WheI ever sny spreI shall be taken
scccrcig 10 lbe provisions II lie last seoa IL sna
D. the cuty o. the magistrate, wlba i've days there,
after 20 fe return Of The testimony snd proceedings
hsd before bim upon the trial OF such scfion together
with the Lotice OF appeal aad ubdsrtaAlns any,
sr bis certificate n = The contains si the '~ti-
NOW ard rroceecrcs hsi before hue 81 srch tr.l.
IL ile offc. 81 the CouI'y Clerk Of to- County in
Which tie Trial had After the nlns 81 The papers
a. afIesaid the sans rules and proceedings saa IT,
All rtsptcfs govern the sopeal To the tad ds1ermiaa
lioD hereof So are PROVIDED IN eva actions eek
C4It as l.reinbefoTe mO-h' proSaet nesertheless
ether the complainant or defeniar' csnn"t -
;oUIc la be served with notice, a. now provided me
s.ne uay b. served hy fling II wiki tn- C9ua'y
Ci-rk sno s,tsol ing thereuIto an affidavit coutiInn-
the reasons Tor 80 cong. II the con psl1Ant o,her
ibsJ son ne OF tie cfhcers whose duty II made ID
enter the complaint sha fail to appsar by himself or
attorney ono oeisnd or FrosecGte any sPpeal brought
uDoer any provision Of this act 10 apply . the DIS
,ct Alton ey provided II section fifth h. shall be
per,or ally liable for the costs and execution therefor
Lay be issued against him, as il civil actions. AL
extouious issued uponshe final determination Of any
api al aovtrs,J 20 the CeieHdar' 10 collect the lGtg
u.It thereon shsll De ia the Of the people OF
he state OF NeTl0rk agsinst the property and per-
SOP Ifsry taecuii, so issued sh al be returned un-
sei-ed in whole OF IN part Al! person or persons nav
inc sry interest il such judgment may N ainrsin an sc
upon the Undertaking given uyol the appeal, ana
recover tbsr.in tie amount Of ha Interest In such
juoguebt, with cost.
>ic Y WheLey-r a1y liquor seized under any pro-
vision OF ibis act shall no, be al idgcd forfeited, the
fCer having the sane IN custody, shall return 4 10
tie place where it was seized, but when II sba be
adiudged forfeited provided IN any section OF ths
sci or whenever any til. IA al have resulted adverse
IL 10 the oefenc aa anc the time for serving notice OF
Iesi sbsll have elapsed are 10 no'lce and under-
tax n oil have been served, or the Judgment ap-
pea.d from shall have been finally decided adversely
10 The defendant, and notice tberrct gwen 20 the
MAGISTRATE before whom tue trial was htd, II sla De
the cuty Of said magis rete forthwith to Issue war
rant commanding Il az the liquor so seized aad for
eiied be DESTROYED, aud the officer 10 whom the same
shall be delivered shall forthwith proceed, IN the
presence OF of the cDmpsinans, or OF some other
persou to be designated in such wsrrant, AMI Ia be
summoned by him execute the same, anf such per-
sou shsl ioiI with The officer IN making return Oy
btidayr IT the time, place and manner OF tue excel
ton Of such warrant aud upon IN receipt 81 sad re-
trrp said Magistrate ba order execution 10 ssue II
sad otcer who shall proceed 70 sell the vesses shn
contained said liquor. and the proceeds OF sad sale
slall be spilled in like manner a. provided by TINS
act in oii n cases.
So. N. Whenever complaint on oath or aiirna-
ton W. voting which com aini shall state the facts
an circuu stances, upon Winch iis belief IL touGdod
Il on be aoe before my Magistrate, by any person
IL II he has just cause 70 su-pec aud believe that any
ofer. aca any proYsiou OF this 8cf has O"su COM
pi,,.d nt that some other person or persons named
b. him hes OF have kno Wedge Of TIE c"mnis-on OF
such oti,Ise such Magistrate, If he thinks t0ere IL
probable cause 10 believe that each Ottuse us been
., mul;t,J aud that such person % p.rsous mas or
have knowledge OF the commission OF snch Ohease,
shall fprt win issue summons 70 the person or per
fols So usmed commanding him or then 70 appear
before him. al sipacesahd time not more tn4n four
dave tberea.r to be dcsign-ted IL such summons u
testify m relation ~ tuch complaint. SuCh summons
ma, he serVed in the same or al aoJ lning county by
ally officer 10 whom the sane shall be DEW cred or Oy
sr other p-soD 10y s,ating the contents or deliver.
Ing copy thereof t. the person or persons named
tlerIn eLO az the time showing bun or tBem tue
orgir al. II toe person or persons 80 summoned sha
fail to npvefr the Magistr 'te upon the PROOF OF 'l'
service 81 sUcD summons, b. the return "i An ocrr,
or Tie oath of any person, shall issue an att chnsLt
10 comte q cir utf-Ioan,e iof fhe purpose oil BVnS
such testimony Which attachment may beexecuted n
any usrt Of the >tote. The ptrsOn :" attached, may
miles son reason lble cause or excuse he SHOWN oy
his own cath or the oath u some other person De
nuusheo b, fLe Of lees than fep OOH ar-, aod IN
c,fault Of payment be may be- committed 10 the same
extent a. prov ided il the fourth secil'n,
SEC XII IisLAll be the duty otevery sheriff, nder
sh.r ii Deputy Sheriff, Constable, Mar-hLl or Police
man ono hey are each hereby Authorized TO serve
All toctsses to BE- -sutd by this acr 10 arrest any
persou whom he shall See actually engaged IN the
comm ssn If any OfeI-C m vlHt'an OF the hrst Co.
ton 1T tbis act and t. seiZe all liquor Kept 10 viola
lion OF laid section the time ana place II the com
mission of such oteBse, together vita tho vessels m
wic the same is c)ntrDei, ana iorth".-h ID convey
such IersOD before eny magistrate - me same cry ~
town t. be dealt ~lin according Ia law, and 10 store
the liquor ard vessels seized IN 20 ne sale and con
yer.lf T. ace 10 be olrbO-ed ~ as herein after pro-
yided. IL shall be the duty # every officer by whom
any nuest aud seizure shall be made under THIS
Ii, D. make comp amt on oath against the person
r ,.rsots arrested aId 10 prose such -on0aiut
20 Judgment ana execution Il shall be the duty oi
every such .fcer, whenever ne shall see any person
INTOXICATED ia any pubic place, or dH lrDIps ihe
uubllc re4ee ano quiet - sppf.hend such pers)n,
srl Ia llm befs htLlsfratt AMI II EtlL
nlisirate shall deem m too much lnioucaied 10
be examined or 10 answer upon oath correctly hs
shall direct said officer 10 keep HIM IN some safe
and convenient place, 70 Jc de-Saaied by sald
,i,iroie until he shall bee me sober and there
mon forthwith 10 take him before sald magistrate,
ar if LIE cannot 10 found, before Some other m4gls-
trGte; anc Whenever any person shGl appear or be
hIou. BIT before any ma rifate, "a provided IN ths or
the Or, cediDg seciiOD u shall be the duty OF suc1
usgi.rae 10 ~ minister 10 euch perO oath or at
fruaion ard 10 examine him for the purpose OF as.
cerfsirir y vhether sDy Otten-e has been committed
AGAINST any urovisOn OF this ac'. II, upon such
.uiLa ion It .bsl appear that any SUCH oiease h -
le.u committed within the jurif JlOn OF such mag
isfrae il shall be bis cuiy 20 issue warrant Or the
atr.t of The u nder The seafch OF his premises AZ
b,,eiphefore provided If II shau appear that any
rch ote sc has been committed A. any place Beyond
IN. iun,dicton of such magistrate lt snail be his
ou;, 10 rec uce such examn suOn 10 writing ano forth
with 10 certify and send the sane to Guy officer or
magistrate having JurkCiction OF the ouense chaiged,
Who hail thereuuon proceed in relation 10 such com
rlaint In the same manner IS II the same had been
:, ace before him. When il shall appear upon said
exsmI aiion that any offence ha, beer COMMITTED the
witness or Witnesses shall enter Ito proper recognz-
apce TO appear and te,tfy upon the trial, or be de-
taiu.d mil such trial shall be had II any such Wit
ness she r. use be sgofn or affirmed or 10 answer
an, ou.stions pertinent 10 such examination or trial,
he bsll be CON limited 10 the common jail there 70
remsir nj til be .ha consent 70 be sworn or affirmed,
or 20 CisclOte.
svc Kill All liquors seized under any provision
q, mi. sct except in csses whore the thereof
- -, .hsU he ken stored for ~