New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-04-07
,..c,,mep.,l nae provided be shall within cue year

yi,;.p ofrs sct tud tat bs sill psy all foes,
dsu..ea ssd costs which may be rendered sgains,
him A. an acton commenced under the provisions OF
uis &C.. AID hal s.o have taken aud Fled So oath
that be does lot uSe intoxicating liquor as a beg-
ersse and will no. sell it contrary to the iuten. Of
this at.
N,perscn Authorized to sell "a above shall sell
epy liqur kpo b. him to be impure or adatsra'ed
Lrr .kall be EEL any 10 be drank the premises;
but Re may eel to any sober person OF full aga whom
Re really believes TO require !. for sone other
tlsn e. beverage Strict sceoun, Is 10 be kept OF
all sSles in book open to public inspection, and
northlJ sccount Of all ss'es is TO be svora 70 and
eltd with the Town or City Clerk BY each seller.
T. sales By persons unauthorized a. Aforesaid to be
pupihtd BIZ 6pe Of $50 for the first oene 500 aai
dirty days imprisonmen q, for the second and for
ever sutseqoebt oGense Of stnes 100 TO $500 s1i IN
rrisnn eut for not more thsn three nor less IN I
ronths Any perGon licensed ID sell as Aforesaid
WHO IL all eel in violation o. ID conditions Of ais Ii
csrse is TO be fined sl0o and upri,oned thirty dsysfr
,be first oFense made TO pay ali the cost, sd prohb
ieo from ever ceiling ain in This State. He who ses
iquo, OF lice nsed seller by yiug as TO the Use 70 be
made Of il lie 10 pay ite Of 30 ard co.ts, sni If
be can't or won't fork over, he ia 10 be imprisoned
until be works out his little bill a! the rate Of per
day
T. All Judges and justices Of the Peace to have
power TO hear and determine csses arising under tcis
oct. and to hold special sessions 'Or the purpose
Costs 81 10 other ca<es. Amy citizen may complain
of viola'iops and nay appear on trial in behalf Of
Il people by counsel if re chooses.
s. II the District Attorney appears for the people,
the cots recovered 60 to him. otherwise, to the CON-
plsiLsLt
Or the complaint Of credible person thss ne
has reason to believe that intoxicating liquor s kept
or deposited in some specified place places, shy
magistrate nsy issue a search warrant and have said
place searched snd ii any such liquor is lounl on
such search i, may be seized and stored for IA lrs
dispcml. No dwelling Use an be searched uoIcss
TIE occupant snail have previously been convicted
Of selling liquor unlawfuly within the year pre-
ceding
:. Dus notice shall be given to the owner Of said
LIQUOR II be can be found if not, TO some person
the prtuises-of the seizure aforesaid, and he may
Iespcnd by affidavit that said liquor not kept ia
violation Of law; aud .hereupon the question thus
roissd ,bal be tried oDd if conviction results psn
stes msy he it fcted as afos esaid.
g. Appeals may be,iaken to higher Courts, from
judgments rnder this law by the complainant a. we'd
as by The defendant. Cases 20 up TO toe Court Of
Appesls only utter certificate Of OF the judges
below, '. At legal question ia involved which ought
to be passed on by that Court. AL appeals under
this ACT to have precedence Of all civil csses.
Thee app~sIs to be gafed as Others are; but
if the complainant sppeas and fails to prosecute his
appeal lie sha be liable to the defendant for costs
10. Liquor seized as lforesad, without good
ground shall be returned by the officers 20 the psoe
whence taken; hut ii it be proved to have been 1sy
seized, TIE magistrate shall order II to be- aud it
tbeIeUpcn shall be, destroyed The vessels in which
it vas contained shal then be sold, and their pro.
oeeds applied TO the satisfaction Of the penalties sud
coste Incurred by keeping the liquor as aforesaid
II Upon affidavit setting forth that tie deponent
v0,y b.eves that thi. ia is violated and tn Il ,ne
person nsued has knowledge Of such oiTense any
magistrate sy summon such person before him. aud
require hii to give testimony in the premises and if
be fails to obey the summons, lie shall be fined not
leis than ten dollars, and in default OF paymsn t i'm
piisOLed Us Aforesaid.
10. Every sheriff, deputy, constable, marshal, or
policeman, must serve al processes colfded to him
und,r ths act, and must arrest every person whom
he shs see engaged in violating Il; also, seize AL
liquors which be may find KEEP, in violation thereof
|: Re sees any person intoxicated in any public place
when be shall be eIamined aud if it shall appear
his examination that his inoxication resulted from
violation of this act then process shall Immediately
s.ue sgairst the siolater. and he be dealt with as
aforessc. If the sobe-ed tppler won't swear or
won't testify he is to be sent back to jail till he will.
To &c, publicly drunk is also an odense against this
Jaw, to be punished by fine Of slO.
10. AL liquors seized under this &C. and not re-
claimed within twenty days, to be forfeited. Ditto
all liquors seized in the possession Of any person
caught violating this act.
u. 1t shall be the righ of every citizen, bat the
duty Of every Supervisor or Overseer of the Poor, to
make complaint Of every known or suspected vOls-
ton Of this act, ard prosecute therefor in behalf Of
The people. But if anybody is guilty of malicious
prosecution under ths act, judgment shall be rem
dered rst hn-and execution shall issue thereon
against bis property and person. Fines collected
under this sc to be paid to the Oyereers OF the Poor
Is. a ms isrates certificate Of conviction uLder
tits act 10 be evidence Of that fact in all courts and
places.
is. Lsw.dehing liquor sellers AID convicts under
this act may not cit jurors Ia trials for alleged
violations thereof. No sction can be maintained for
liquors sold or delivered unless they we're 80 sold in
accordance with the ,pirit Of this act
Il. Proof Of sale Of liquor under this &C! shall be
primG taese evidence of unlawful sale, and proof Of
delivery shall be proof Of sale. No person can jus.
tfy ss licensed seller unless his rswer to the CON-
plsDt shal have averred that he co. and further
that BE verify believed at the time Of the SALE tbs.
the buyer wocd the liquor in accordance with the
provision OF this act.
Ia. No person or company under penalty of $50,
shall convey more than FIVE gallons Of liquor within
this State unless the and residence Of the person
VI ia q racsiya ~ Will fha vords Intoxicafn,