New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-11
SUNDAY LIQUOR DEALERS
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ssOn 10 tnis case q. his private office. He D. q &
the prisoner entitled to his discharge rom custody
cn TIE g.osad tina, the comu,tmen. detective. es
by the express provision Of one section Of me EX9ise
Las il vas made imperative that the accused Should
appeal before crnutting magistrate before an ~
dic:Den. cocld Do found by me Grad Jury, and me
<sctIOn had no. bseo complied with. Mr.. Page Vas
pre,ert With bis counsel when the Recorder commenced
10 resd bis decision but the Discretionary did not
arrive before he hal read for tne as the former
was engaged IN another kGjeGs corpUs case before
Judge PEABODY. The following is the deci.ion n
tbteAsO;
The People agt. Daniel Pare.
On the ith lust, application was made TO me for
WI. OF h4bea3 corpus and certinrar By the return
to the writ Of habeas corpus it appeared b. ths de-
PENDANT ia custody, IL default Of bail IN the SUN
OF 500 upon commitment issued oyJdsuce CCn-
pOlIy which commitment W - predicted upon an IN
alleged mdemeaDor the charge eeng TO- SELL
ihs ~ ON sgnosy On :he return 70 ihs eIoan u sp
p~d tba. the ndc:men, filed % the I'm OF Aug 81 me
dc.mstt returned The Of the coLauituI IL
dos ssse that he defendant licensed % sel ss 40
hs fsSei.s aeiSndsg. the 5e.an the writ Of
.>,S,S . a. ALI, Low" he ,15o s sn s NJ ' S h
thereof further denies THAI the indictment Is sufficient
1.-THE iodio,men in thu custody of the strict Attorney by
hs rules Of the J2n[t Of General s.son' And the de-
ce IN this that IL does no. Ghars describe sssio the
"ihs tbs indictment has been '1reptiousiy ob;siaed
a. and against the provisions Of the act entitled
a.. late the sale Of iatoyica:ins liquors Passed
Ap 70 ls,7 Ard the de1d. farther seqc, that n3
shat he arrested aud brought before magistrate
sId a. as required by the 6 section THEREOF Aud de-
ndsp further alleges he has had opportunity 10 elect
,sd and defendant further alleges that in violation OF
ths prSvon1 Of SAID set ne has been sy a'S esa ae
u the ba Of BOO provided BY the 10Th section Of said
act b7' has been required 10 give bail in the sum Of @ con-
tray 70 tie PROVISIONS OF said set
To tits traverss the District Attorney demured, the
that there stated therein which would
discharge The defendant The legal ed, Of this
SeuTr to admit the allegations Of fact as set forth in said
The fs,. Therefore 1Po9 which am to pas. in ths case
foows On the 18th day August 1857 indictment
hled in Court Of General Sessions cbarsn, the fen
vito dem.anoI in selling liquor sunday the 9Th Of
fund without apIeimansy complaint before magistrate,
Ps e i Of ss sc Of thai s the was bail the
sum OF 200 that he in custOdy by virtue Of commit
In b Il was also conceded by the respo tive soun.
,h The defendant bad not obtained license TO sell liquor
The distinct attorney moved to discharge the writ the
its face sndthet could not be inquired into or imPeach
ed colla;eIsly
/. Is not Necessary In oT1er the defendant his
proposition should is do the duty of the
o the facts contains in return the
eonn I or ~ Of the PsS and UPON 7h
cs:ion the offence be baia5e dc may in his discreet IN,
discharge the defendant on bons ball. or he may discharge
the dsndsn his Iscosn The object OF the
besuag place the officer in possession Of the facts chat
may jodiciousy exercise his dsceton Therefore although
the ndctn cannot be discharged by the Judge Chambers
STIR upon hesrns he come, 70 the sO9ela.0n that toe sss
h his duty exercise his discretion upon the question of bail
The stions a, in this important ones Many
indictments which found at the last term OF the Court
under similar circumstances still pending IN the Caur of
General Sessions the legal questions upon which the
involved in this
act entitled An Act 10 Suppress Inempofance and to Rcgq
late the Sale Of intoxicating Liquors." passed April IT, 1851
Pa saefiYp In a. ftl oXg
mo inn hoelkeepe persons licensed 70 sell
bqos hal sell or give any Intoxicating qoors or wncS
Sunday, upon day which general special
election townmetg sna be held and within oneq atter
meetings shall be held in any the Villages cities
towns Of this State TO any person whaeyr beverage IN
the State the provisions Of this Section in such sbs
only Apply to the CITY county, village or towns in which saG9
seanst the provisions Of this section shall be decmed Gy OF
County JAIL WoTkkOue or Peneutay not more than twenty
days.
construed sttythat nothing be taken By implication
party afe ted them Under the dcuomiua
'wbieh ave summary remedy those dcrosation Of
"tbe law statutes which npls es'ricons upon
tade or common occupations which levy Excise
"tbe citizen" At common law IL is not an ohonse TO sell
Eq4or aud in the construction Of made dcroea
"tion Of right should be taken not to extend
"hem beyond The express words Of their clear import II
before the argument that the detenC mt
was keeper Of inn tavern hotel or licensed to sc
hqpora The 2st section apple. to such persons ana
correct affective 1egsston: Th.i1 cuty Il TO atc''V
. the w s aS SG aud
In oder . max, the 2:t section applicable to tho indot
Or any other pc the section stands those only
who ae bcensd sell incur the penalty of misdene
tel Ps S % EGs OF In
statutes Courts give liberal and extended meaning Ia or
Carly the intention OF the Legislature into effect but the
the rule in the construction OF penal statutes The
act under consideration highly pens and Poiuta ou pe'
der H. Section Is declares shall any strong
or spuou, liquors wines in Quantities less than i've gal
"ons time without having hCene therefor granted
"heiein provided. shall forfeit So for ea.n ohensc
party be lcsay indicted Tai. section applies all
snreIseses all other statutes upon that question 80
The ith section Presetbes the pensy for selling without an
wines. 10 be drank in his house shop or any uthouse
ey such liquors wines sold by him uuder his direction
house yard garden belonging without having
,nss ees.s theslos as an nm tavern or hotekeePeT
Under this section also there specific penalty but the
dicaee Ia the 18th section the language different aud the
violation OF part Of that section 10 expressly declared BE-
TSs sS .c sHS points o"t se %sGs IN which
der the cot shall be brought TO justice This section plain
sSr s Tnder shts. Deputy sacrs con.tsSe MsS.
Policeman Oec Of police 70 ares. all persons scus Gu.
such persons before msss,rac TO be dc. with
the sstfs,s Il gives the patty chsssd the privilege Of be
Ing tn before the mssie swing bail to APPEAR at the
Sessions Of Oyer sna Termner hIes the amount Of bail st
800 II directs the maeste in all to entertain the
complaint ana - transmit the afdAvits &c tsken before
him 20 the District Attorney, and District Attorney IL
slirect,d 10 prnsecite the offender.
Tho 9Th section makes the duty Of Courts instruct
inquire all ofenses the provisions Of
oct ard 10 present ali TENDERS uuceri By The act OF 1855
Special s. ons of be City ard County Of NewIork have
exclusive juIs ction in eli q msdenesuoIs unless the
defendant elects y be tined by the neral Sessions Tat
The fact that the 6raud jury directed
present oil offenders und the Excise law does conflict
Ia sny with ,he act OF 1855 above referred II
no less than that they tn entertain al complaints
legally presented and present all offenders legally char Jed
In all since the passage OF the oct OF 1850 called Ii,
of
than that they had rEht 70 entertain comPuts In
unless preliminary poceedinss bad been taken
he nre nlagi.trats. pstracted them a the tle when