The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-21

un00r CuAp
suSprsss nsenpersnOs and 70 regulate pale q asoz
saaing liquors. The judgment was, on appeal amrmed
by The supreme Court 4 general term N the ana dis
j.dsnent was amrmed. The opinion Of the oours YVES
prsAowoed BY Pratt, j., a. follows
IN &C. y prompted by statute which not criminal At
soamon law, and . penalty = imposed m sne same
ssssuse declaring such prohibon the Get mot indict
able The principle distinctly recognized 10 the case
the People Va smith Is (Wend, 3il It's based upon
me assumption that the Legislature having fixed the Pc
thAt there should be other punishment. But where
the act was criminal at common Law, or already pro
hibited by former statute the impossoa Of cyii pc
Aetnen So when the statute itself contains Aoy prov
sioCs showing Aat tie Legislature did not intend that the
cir penalty sh0a!d oonstte the only punish"e the re.
vsedv y tndsctuent be taken asoay Hence il
siAilte direct that the prosecutor HAY proceed IN GER
By .s.cn Of debt, bill plant, or Information or other
WISE" Il authorizes proceeding by indictment. Arch
Or Pa, Hawk, chap 20, sec 4; Gfmth Va Wells,
intent In looking therefore, at the statute in question in
whole scope and bearing, and 10 connection with pre-
vious legislation upon the subject, We infer an
intention the part Of the Legislature TO conne the
NEEDY for violation OF ie provisions in selling without
hcense 70 the civil penalty therein imposed or the In
en,ion manifest that the offender shall also be punsha
bic by Indictment. Upon q careful examination OF the
statute, that the conclusion is irresistible
thss latter the intention Of the legislature has
been policy state least the year 1901
before make offences against the excise laws pun.
stable Indictment By The section OF tue act
H 1901, TO lay cuty strong liquors ano for regulating
and taverns AL offences against the PROVISIONS
q the declared TO be mwdemeanors rns pro-
sctnent of the prohbory Law Of 1855. the presumption
therefore is against tho design on the part OF
- LEGISLATURE IN the RESTORATION OF b s h0'i ), SO
u shoud require clear expression Of the Legislative
viii that effect TO justify the courts in holding that Of
fences against those laws are no longer indctAoe the
act consideration its leading charxcerscs, N
very similar excise laws 10 ia prohibitions
and 10 penalties Under those laws the secg In quao>-
eieel lass Nv q II
substa nny the form in the present a aud toe
Supreme Court, IN the cases OF The PEOPLE VS. Stevens
flS Wepd. e4ly, and The People Brown ll6 Wend-.
sea-, held that selling the prohibited quantities without
cene offences against the provisions Of tue act and
therefore, msoemeanors and ipdciable II, therefore,
seng without lceree constituted offences against the
provisions OF that ac IL Is difficult 70 hnd any good rea
aso be deemed offences against its provisions And
they are 70 be deemed Offences no one wiz deny thAt
they are indictabe.
The whole scope and character Of the act shows that
the term offence" when is used in connection With
those directions which only applicable 70 misde-
reapors not used limited sense but used 70
deane ali So stsnta rotations OF the provsons the
act By section l6 it s MADE the duty OF certain
officers therein enumerated 70 arrest all persons ouad
actually engaged IN the commission Of any offence vio
1op Of this set and forth with 70 carry su;h person be-
fore shy magistrate" &c, VINO s 70 try them, or hold
them 10 bsl for any other misdemeanor u,aoie by
Court OF Special Sessions In suosequens part OF the
same section il is made the duty OF The magistrate TO
e0iertan any com palns Oh yo,slen Of TINS ac' made
SUCH nder 70 be brought before him 70
comply xhh the provisions OF this secron, &c Here
the term used s any complaint Of violation OF this
act" ard upon suoh compliant being male warrant
N 70 be issued. The term offence" which the coun-
sci for the prisoner insists only those violations
Of the laws oecla-ed in the act itself 10 be INSIDE
Is not used, but the more general term,
violation Of .hs ac and the proceedings directed TO
be taken by The magistrate such 90 are Appicaoe 70
cases OF misde only So by section 70, il is
the duty OF courts ~ nsuuc grand jurors 70 u
sSs 70 p1essp, All Sspsers uuaer ,nis sct Nov il
sot TO be assumed tina, the Legislature would have In
serted carefully In the act these special directions
Ia pce ocers, magistrates aud COURTS IN order 10 So
cure exraordn.ry vigilance n the detection and convic
ton of offenders against three or four conparsuvey
unimpsrtsn. provisions OF the act which are specially
s. TIE act o. selling license Is called in tbs
sections OF the statute imposing the penalties offences
b. seston 13 IL rs declared thai " whoever ehsn sell
any strong sptuous liquors wines, in quantities. IN
hes &C shS for felt 1fty dollars tor esch ofsnce.n
BY IA whoever shall sell, 10 be drank in his
house. &c shall forfeit dy dollars for each offence" In
hne, through the statute, Violations OF the provsions
Of the act are ermei offences And a primary rule
for depreciation OF statutes that when the sane term
exwtssi0n is used IN different parts Of tue same sta
il shall be deemed to have he ns uness
uoa OF de LEGISLATURE Smth on statues e73; James
Agt Dubois, HAr, 2sb) rue general statutory denui.
ton as given IN the Revised statutes, en- rs INVOKED
by me prisoners COUNSEL AID OF be construction IN
sisted upon by him. throws bat little hgnt upon that p,nt
By that statute ne term oleaoe wneo used ~ ss.'Se'
IsAl kunshment may by isw be inflicted. Now the qucs
controversy whether TINS particular violation Of
atped II, would be srict accordance with the sa
,utnry definition OF tne term. Again ~ II already ap-
pears Itself CO ID tas al ON an offence Now,
tae statutory defuitou Of that term ~ OF Aay force
Whatever 70 settle the question under exsmna ion
ssAns; TIE construction conteuiea Tor 90 oeoaf OF tae
prouer Tor the term, when used IN any statute Is 70 be
construed 70 any offence Tor winch any criminal
punishment may be inaiciea e X. 8, $50, sec 81
The only reasons which have been suggested in OPP
position 70 Tie ysws above essed, w0rtny Of oons
oaraaon based upon the FAC: tnat the act itself de-
cAres three or four OF TIE VIOLATIONS Us PROVISIONS
Ia tu hat m
pasus e. ezusio alras In It's lees Application W tais
statute u0uld exclude TIE assumption tnsi any other
orepces were oers ped 70 be deemed misdemcAnrs In
s.tute winch app have been carefully drawn up,
aLd all ts provisions carefully consitefed should be In
ciosd 70 give great 'orce " tts maxim Bat sne statute
q. der confederation appears upon il lace 70 have been
very caresy framed and W have been a1op ed without
very careful consideration Of is provisions. la such
~Oud rot be sale % give thai much force
IL be safer 70 oos st the general scope and
parpeo act and search Tor expression
legislative Intention. And In looking over all the
p-oy,on, Of he act 10 tbeir ger scope and tenor
casrs Ae ooarso that gno,S o9ais Us provisions
designec D. b IasHoAabt> as masa>p~eiaers
r a.. Legislature itDts psnsaDsnt of the rtoafson u
tAe act gtesOn 10 TIE atty Imposed her,fn, bat 70 ds-
tser'ss preceding ~ oor~t tfOTe "a9astre, I" ~
,-d.dmcHt
aProISTxxSr OF JUSTICES or rms psAcE.
Ia TesfL. &C. Koeier - this deci1ed that
The Governor has not tue power 70 al ysansies In the
Gfice O. Justice Of The Peace.
THE FRAUDULENT STOCK OF THE NEW HAVEN RAIL
ROAD CoNPANY.
NeN York drd Mo- hxrer K1iircdd tyWp1Ht
SAntler Crass and 32s OArA-Tnts ion oroag nj
D.. ne ksx YORK and New Haven Railroad Company
sxsus. ell the u the spurious stO,k ssuei oy
schuyler fer the purpose % determining the respective
fiTn Ct the claimants and the company In one suit
Wheeler tbs could be done, wnetner toe company
Dc left contest substantially chs same qussOas
thar THREE huodred sulu the question before
the Court raised by the demurrer Of OF The defen
" the plant The demurrer overruled and
The sotion Of The cOmTsny sustained.
INFORMANT TsCsT CASE.
Lear,t, Reo>,rer, dc - BtatoVord osd eAers This
involved the vsiofy VI trust creaioo ~ the Norm
kGsrosB trust and BzDging Company 70 secure the pay
Is 0OO 10 the Bank u The Uritei STATES aud tn
Gasd Bark a PbiiscepDs The trast ADd tue cisin u
uss PhlA1e phia banks sastsiLed The socsriIes
paedgca ample 70 secure toe entire claim, which,
vb the irtsrest accumulated during Q long bag Auou,
most nov amount W q million OF dollars.
Ja gmens Affirmed with cosN-Aees h and another va.
Alien, harTu sBd Prat Asd osoers: 6sooeit
me CITY Of BaaAo; Kimberly aud the CITY
~ Hunsio james lhnps fro~ser ADD aooth.r. C4sss-
das Niiiank; NOorhies AMI aoyther Cailds snf
ssotnsr Quinby Nsndefons, Fullerton and aoot1sr