The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-07-18
BROOKLYN City News.

TIE SUNDAY TRAfs1c LAW DRoL,RAD Isov1RAuyE The
following decision rendered by Justice cornweh, Of
the Brooklyn Police Court, yesterday, in relation to the
law prohibiting the sale Of merchandise on Sunday:
The People against George SAears and OthersThe de-
PENDANTS brought before and charged with having
vioet2t The following provision Of the Revised Statutes
"N thall expose for sale any wares merchandise,
goods or chsttes Sunday. except meats,
milk and fsh which may be sold at any time before nine
O'Clock in the mornings and the articles SO exposed for
sale shall be forfeited to the use OF the poor and may be
seized by virtue Of warrant for that purpose which any
Justice Of the Peace Of the county Mayor or
Alderman Of the city hereby authorized TO issue upon
conviction Of the offender When seized they shall DO sold
on one day notice being given and the proceeds shall be
paid 10 the Overseers of the Poor of the town or city,
This provision has been upon the statute book for
great numbers OF years, without any attempt on the
part Of the authorities TO enforce it, and It's construction
therefore, ia left somewhat in doubt will be seen that
conascation Of the "propery exposed for sale" There
is no evidence the cases before me as 70 what proper
ty and how much WAS exposed for sae The complaints
charge in general terms violation Of this provision,
and the defendants admit the selling Of merchandise other
than strong and sprituous liquors. Upon this state OF
charged. The question now is, what is 70 be done
With the parties They cannot be imprisoned because
the law does not authorize any such proceeding Their
property cannot be conscated because 10 Ia we'll settled
that general warrant 10 search for conscse proper
~ cannot issue To issue general warrant directing tho
under IT, as well as the magistrate 10 an action for dam
ages &c. To issue warrant directing the conhscation
OF all goods exposed for sal would leave question
which would be equally Objectionable Then, again. Is
not clear to the legal construction OF the words sex
posed for sale" II it means all property contained jim
the when the sale is made the only question then
would be to identity in executing the process; but
spprehend that the courts would not sanction such
wholesale destruction OF property upon proof OF the sale
of single article. II does not necessarily follow because
single article may be sold that all other property upon
the premises where the sale Is SO made s exposed to
sale, or could be purchased. This statute seeks
to deprive person Of his property for an
act not criminal in itself and not deemed
III
such proceedings can be had the violation must be exp
Cit and the property 10 be conhscated must DO brought
clearly within It's provisions before il can be taken II
is not necessary that should alude to many Of the OBJ
ectons raised upon the hearing they not neces
ny 70 the decision Of the The parties must be dis
charged and further proceedings suspended in the cases
j. II. C0RNwEfI.
Police Justice OF the city Of Brooklyn.
CATHorlc PioNIC ExcrRsIoN.-The members Of st. Pa.
tricks church, Fort Hamilton, together with large
number Of their friends, will make excursion TO the
romantic woods the fort Tuesday, the cath inst
The swift and well found steamer Naushan has been
gagged for the OCCASION and expected that there will
will be great deal Of enjoyment the water well
the shoF beneath the grateful and outrageous shade
Of the overhaDging trees The picnic has been got up
for the purpose OF raising funds for the disbursement OF
charges repairs of the church. and trust that
the efforts Of the ladies who members as well as the
cooperation Of their friends, will be crowned
by the most complete success.