New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-04-07

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no ell, CT on behali Of the defendant unless he
AZ all at the ssme tine deliver 20 the magistrate al
undertaking T. the people Of the State Of Nev.Y York,
in the sUm Of $500, with one sureties TO De
sprroveo by such mAgistate, or County Judge, con-
ditioned that, il the Judgment be affirmed on
the deesion of tue Supreme Court to the
Court Of Appeals, they will pay the amour.
Of The fire ard coats contained ia such
ju6g meLt and that the defendant shall not
eprrs the pendency Of said sppe Il, violate any
provision Of this act. and that they viii jointly and
severslly pay all fires, damages aud costs which
sy be a. jocb ed sgalL-t him in consequeOce Of any
such violation eod case such defeo ian shall be
CURED by sucb judgment be in prsoned to stand
con nied with the further condition tbs he will sp
pear 10 the Court Of General Sessions OF said County
at the tern thereof next alter the afrm,nce Of such
jucg me ut and not depart herefrOn without leave
sbd obey the order Of such G. urt Of General Sss
tions, "a 10 such imprisonment or com nitnent
Upon the giving OF such notice ADD undertaking. ell
further proceedings upon such Judgment shall be
say ed until such appeal shall have been decided or
dismissed 'Or want Of prosecution, a. hereinafter pro-
vided. NJ proceeding or judgment had or rendered
under sDy provision Of this act, shall be set aside or
be VOID BY reason OF any technical errors or defects
not affecting the merits; but the same may be amend
ed without notice before affer judgment or
upon appeal or review, after Judgment rendered
upon appeal or review when by such amendment
substantial justice viii be promoted. Any judgmen.
VERDICT rendered under any provision Of this set
sgsDst evidence, may be reversed upon appeal as 10
civil actions. All appeals from judgments, under
this act, shall lave the same precedence rs other
crinDsl causef and may be moved out Of their order
at any time by either party.
SEC. TX. Wbesever any appeal shall be taken
according TO the PROVISIONS OF the last secion II shall
be the outy Of the magistrate within ten days there
after TO file return Of the testimony and proceedings
had before bB upon the trial OF such action together
with the notice Of appeal aud undertaking, If any
and bis certificate that the contains all the test
noby and proceedings bad before him on such trial.
in the Office Of the County Clerk Of the County in
which the trial had After the filing Of the papers
as Aforesaid the same rules and proceedings shall in
oil respects govern the appeal TO the final determna
ton thereof, ar a. TO nding the returns OF aid
Magistrate, are now provided in civil actions ex-
oept as berenbefore modified provided, nevertheless
il either the complainant defendant cannot be
found to be served with notice. "a now provided, the
same may be served by filing it with the County
CleIk attaching thereuDto an affidavit containing
Il for so doing. If the complainant, other
than Of the officers whose duty it is made to
enter complaint. shall fail to appear by himself or
attorLe y and defend prosecute any appeal brought
under aoy provision OF this act or to apply TO the DIS
ctAttorIe y, provided in section fifth he shall be
personally liable to the defendant for the coats OF
ssid defendant to De recovered in civil action. All
executions Issued upon the final determination OF any
appeal adversely to the defendant to collect the judg
neDt thereon, shall be in the name OF the people OF
the state Of NewYork against the property and per-
son. Ifsny execution issued sha be returned un-
saihfed in whole or in part any person persons hay
ing any iDeiest In fuch Judgment may MAINTAIN an ac-
ton in The OF the people Oftbe State of New York.
upon the undertaking given upon the appeal, and
recover therein the amount Of his interest in such
judgment, with costs.
SIC. Y. WheI ever any liquor seized der any pro
vision Of this act shall not be adudged forfeited the
officer having the in custody sha return it TO
tie place where il was seized but when it shall be
soudged forfeited, as provided in any section of this
act whenever any trial shall have resulted adverse
" TO the oefenC sa and the time for serving notice of
appeal shall have elapsed ard 10 notice and under
taking tball have been served or the judgment ap-
peuled from shall have been finally decided adversely
to the defendant and notice thereof given TO the
magistrate before whom the trsl had it hall Do
the DUTY Of said mag strate forthwith to issue
rant commanding that the liquor, so seized aud for
fee5, be destroyed And the oficerto whom the same
shaIl be delivered shall forthwith proceed in the
presence Of one of the complanants OF other
perton TO be designated in such warrant, and to be
summoned by bim to execute the same and such per-
shs Join with the officer i'll making return by
affidavit, Of the time, place and manner of the execu
ton Of sucb warrant and upon the receipt of said re-
turn said magistrate sha order execution to issue to
said officer, who shall proceed TO sell the veSseis
contained said liquor; and the proceeds OF SAID SAFE
sLaii be arriiAd in like manner provided by this
oct in other cases.
SIC XI. Whenever complaint on oath or afir mo-
ton in writing which complaint shall state the facts
and circumstances upon which bis belief Is fouBdei,
shall be made before any magistrate, by any person.
that he has just cause to Suspect and believe ana does
believe that aay oeDse against any provision Of this
act has been committed and that some other person
or persoDs named by him, has or have knowledge
Of the commission Of such offehse, such msgis-
trate If he thinks there is probable Cause TO be-
ieye that such offense has been committed,
and that such person or persons has or have
knowledge of the commission Of such ofsnse,
shall forthwith issue summons to the person or per-
sobs so named commanding him or them to appear
before him. at place and time not more than four
dave thereafter TO be designated IN such summons 10
testify in relation 10 such complaint Such summons
NAV be served in the same adj Dining county by
"a. hon be nm
any other person. by stating the contents or deliver
Ing a copy thereof to the person or persons namsd
therein and at the same tine showing him or them the
original II the person or persons so summoned shau
fail TO appear the magistrate, upon proof OF the ser
vice of such summons by the return OF an ohcer or
the oath Of any other person. shall issue an attachment
TO compel their attendance for the purpose Of giving
such testimony which attachment may be executed in
any part of the State. The person attached, may
unets some reasonable cause or excuse be shown by
his own OATH the osth Of some other person, be
punished by fine of not less than ten dollars, aud in
default of payment he may be committed to the same
extent as provided in the fourth section.
SEC XII. 1t shall be the duty of every Sheriff,
Under.Sherif Deputy Sheriff, Constable, Marshal
or Policeman, 10 serve all processes TO be
issued by virtue of this act TO arrest any person
whom be shall zee actually engaged in the COM
mission n any ofense in violation OF the nrst sec
ton of this act and to seize all liquors kept 10 viola
ton of said section at the time and place OF the COM
mission of such Ofense together with the vessels IN
which the same is contained and forthwith 10 convey
such person before any magistrate of the same city
or town, to be dealt with according to law, and to
store the LIQUOR and vessels seized in so ne con-
venieD, place to be disposed of as hereinafter pro-
vded 1t shall be the duty Of every officer by whom
any arrest and seizure shall be made under this sec
ton, to make complaint on oath against the person
persons arrested, and to prose cute such complaint
10 Judgment and execution. shall be the cuty OF
every such officer whenever he shall any intoxi-
Gated person in any store, hotel. street, alley,
highway or public place, or disturbing the
public peace and quiet TO apprehend such person,