The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-26
The Excise Law In BrOoklyns
BROOKLYN COUNT OF SESSIONS.
Before Judge Morris, presiding, and Associates Emmons
and Shoemaker.


BROOKLYN COUNT OF SESSIONS.
Before Judge Morris, presiding, and Associates Emmona
and SHOEMAKER
CHARGE or JUDGE xoRRn uroH TIE NEW Rxcrm Law.
jun % The June term Of the Court Of Sessions wAa
opened this morning. before the above Justices and
Of the Grand Jurors being called the following gen
temen were ompaDnelled: KELSEY, Foreman; s.
Graves, Henry TaDey, VIM. Collins, Charles s. Booth
Peter Kelly John Caeney Aaron sorer, Robert woodruff
Harold Dolner Fleming Duncan, Joseph H. Field, Lewis
N Baldwin, David Fithap, Bernard Doyle, +. B. Evans
Ambrose Bruen, Anln Pose.
The Petit Jury called and discharged until Thurs
day next, morrow when the Judge proceeded 70 de-
liver his charge.
he adveed to the usual topics required by the statues
and then dwe upon the subject Of the Excise law In
the following language
am also required, gentlemen to call your attention to
act passed by the last Legislature, entitled can
suppress inempeance and regulate the OF
ing liquors" This has been the subject much discus
diency-is prscscabilty and been
feveraly canvassed All such Questions however, have
nothing to do with your duties the duties Of this COURT
We must execute the Law find IT, irrespective Of ell
questions which do not Affect Its validity
do lot propose to give you historical narrative Of the
ages detan you with legal exposition OF the various
az hi reofore passed upfn that subject However int.
resting such review might be to an antiquarian it would
aid you but little In the discharge Of your duties brief
review OF the act referred however, have doubt
will relieve you Of some embarrassment and facilitate the
performance Of your abors There seems to have been
great misrepresentation in the minds of who have
pounded This law as to It's tenor, purport and legal effect
This act is copied from the old Excise w bus leaves
he very provision which gave that act Vitality and has
subs itued entirely new remedies for it, enforcement
All offences against the old Law declared 10 be
misdemeanors punishable by fine and mprison ment'
This, of course gave grand jaries In the criminal
cognzance Of all violations Of the law, and imposed upon
them the duty of It's enforcement Whatever may have
been the intention OF the Legislature In reference TO this
law Is very clear that they have selected these cm
nal tribunals compel obedience 10 its mandates
mode Of collecting them, will demonstrate that you
pTatvely speaking have but little to do with its infrac
Sec imposes penalty Of $40, fr neslecnps to keep
the accommodations This Is the first penalty imposed by
the act
Sec. imposes like penalty for neglecng to put up
Sec 10 declares that No debt contracted by any snn
tavern hotel keeper for liquors aod except to dodgers
shall be received and renders all securities taken for such
debts void and imposes PenSlty In double the amount Of
such security.
Sec. l3 imposes a penalty Of $50 for selling spirtuous
lquor In qusne, lees than Eve gallons, without IL
cepse This Is the only general prohibition contained In
the act
Sec. IA imposes penalty Of $50 .or selling such liquors
70 be drank In the house, clubhouse, &c. without license
10 keep an iDn tavern or hotel.
By Sec u the forfeiture of the 0c bonds imposed
for rellng IN the hoose, clubhouse, &c.
The princps difference between ihesc two sections Is,
the lat or who cells with . license forfess $500
Sec 10 irroses penalty Of $40 for selling or giving
away such liquors to any Indian apprentice knowing
or having believe him such without the consent
Of bis master" The Tcdan undoubtedly Is inrreperly
introduced here otherwise the Legislature shouts have
Sse. 16 must have been introduced In the act By
take. II RI ads .ollows -
Sec IT, Hsnal scthe duty Of every sheriff under She
riG deputy sheriff cunsabi. marshal, policeman Of
fcer o: police TO arrest all persons found actually engaged
In the commi sion or any offence In violation Of this
iraie Of The same esy or tcwn to be Dealt WITH as
oordipg the provisions OF this act and It ehall be
the duty Of such magistrate, on sufficient proof tina,
such ofe1ce has bee1 commxed unless such person
elect to boried before such Magistrate to require bond
to be executed by such offender in the penal sum
of $loo with sureties who shall justify in doubio the
amount seysray, CONDITIONAL TIA, such offender win
appear and the charge at the next q the
Court Of Oyer and or Sessions to be held /, said
county and cbde the oresr and Judgment Of the Court
thereon, or to commit suca offender to the county jail
I'll such judgment Of said c,ur until he be discharged
uate TO entertain any complaint Of violation of this act
made by any pJreon under OATH and forthwith Issue
him to comply ~h the Provisions Of this section. sns
Puch magistrate ahs withir ten days, nd
together with al papers and aasdsvs, with list Of the
examined before htm TO be dshvered the District
'croey Of the ceua, whose asty 1t sA be forth to
n. p,o.i,os. e,::..ss n $50 ,spsocecds upon no
sc, ss 81 SUCH so~.rc not ,e g the
c % declares penalt - Imposed By thh act
eps the penalties p.svded for tysec o Is and 10, ss
hard Of Excise. me remedy, therefore, % 81.
srce the penslues- % which ! have sIud ed Is ~
, Law imposes a ps.Aliy ani sres . specit &C mode
receiving Il, thf b ana Ger can be EUR
.ea iS bis e. Ct. On .s'sa, psr. c. cad
serefere, for constr aoco TIE language "a lear snd
pecinc. All provis. which ocu0set with tn eessly
Vas 10 the ne Legsniuo thaa pers "a should
10 Imprisoned TO civil suit brought 10 enfor
he could aos perssn Of nbei ~ bosoro
rial n least except FOR The commission OF onosce
y opo.e person, thus taken seore u.g.srs e, Should
eud the magistrate yascr eccid no impose dne, aud
so, wha, nnes Suppose the person 70 be escd for
NJ gslrse impose lns OF $50 Ceyalny not; Cor sso,oa
z expressly declares that svcA nres shall sued for
Md recovered In the Aame Of tie Board Of Com nseners
II person In such case oaa be conmed, Il rirst DO
answer civil acton broughi In the name tho Com
and tao charge at "the next termof the
Jour; OF oyer ana Ternrer o. Sessions" link clear
bat ihe magistraAe acquires Nc iursdi ouo1 wha,
o arrest, and you have nothing 10 do. villa, any
complaints that nav be aeat 20 you for a. VITO
An officer has an unioib,sd Tsh and is is lily. % AZ
rect all persons In the aeiua ceDmissior OF O. msde
mssnor withou. process bs: the violation Of 'aiuyy
provision is not nisdemeasor unles declared. me
selling Of intoxicating hqucr never offence CON
mon aw. hn rsn.shsblo only sy legislative Gci we
cannot assume thai abe las maaers n,e edeAto creas
crime when they have expressly said that they caly in
tenocd TO impose penalty be recovered In civil sseou
covered in The manner / have already pon.ed out.
The only provision which you have anyshlng 10 10 With
can be found u the aiiar pAt OF sec rs, which prohb
the selling giving away ssuor 10 1ndrzs. S<S 20 pro
hibp the selling or giving hquor 10 paupsrs Sec II pro
hIbs ,ee oihquor Sundays and section 20 which
PROHIBITS tina aduer.ion Of liquor Ar, volA2oas OF the
provisions OF these sscrons "a decsred 10 be a isde
ssnor, AID, OF cosEsos come within ae spsse Of your
legitimate duties.
Allusios made ~ the powers o' ocers OF police un
der the old charter and the Judge stated their acts
tzal until superseded by olher poicemen. Tney
bad no. been tupsr,eded, and thar acs therefore
legal
Asr the delivery Of the charge and Yeuremen, Of No
jury the foswipg named prisoners we've arragned and
sevorally padded
henry waorcok, grand larceny pleaded guilty; Evart
Sutton, burglary, eniy John Riley grand larceny,
not guilty. Maria Bakehed, burglary, guilty; Archibald
Mullen, manslaushier not guilty; Christopher Panke,
highway robbery, not guhy; John Brush, burglary, no,
guilty.
The Court then adjourned until thursday