The New York Herald Newspaper, January 19, 1855, Page 1

‘ iat WHOLE NO. 6720. 4FFAIRS IN ALBANY. THE NEW PROHIBITORY LIQUOR LAW. Proceedings in the Legislature, » &, &o., &o. NEW YORK LEGISLATURE. Senate. Atnany, Jan, 18, 1855. BILLS REPORTED. A favorable report was made on the bill for the pur- chase or erection of a residence for the Governer, ‘Mr. Ricuanps reported a bil to amend the charter of the Long Island Water Works Company. Mr. Muxnox reported faverably on the bill making ap- propriations to the Five Points Industrial School. NOTICKS OF HILLS. To incorporate the Yonkers Savings Bank; also, the American Women's Saving Industrial Association. Mr. Brooxs, from the Judiciary Committee, reported ‘im favor of the bill ‘to amend an act for the more eifec- tual suppression of gambling,” with amendments. “The bill provides as follows:— “‘Bection 1. The second section of the act entitled “An act for the more effectual suppression of gambling,’’ Joly 10, 1851, ix hereby amended by strixing out following words:—‘Or if'any person aball sell or policies, purpor ing to be governed by the of an, bile or private lottery’’—and in lew insert the following words, #0 that it shall “Or if any person shail sell nowu as, or are called lottery po- Ueies .or any writing, card paper or documeut in the t, wager or in-uramce upon the drawing umbers of any pudiic or ate lottery. Mr, Srxxcen on notice introduced a bill to incorporate the American Woman’s Elucational Association ‘The first section coustitutes Messrs, Cyrus W. Fiell, Devnis Harvey, B. W. Bonney, H A. Hurlburt, W. L Parsons, &c., a body corporate by the name of “The Woman's Educational Association.”’ The second sec: rov cea for the management of ‘the corporation by a board of managers of avt tewer five 8. ‘Sec. 3, The said corporation shall have power to pur- or take by ‘ion, deed, cevise or bequest any or personal estate which shall be glven, granted, ‘or bequeathed to it; and to take and to hold auy Teal or persowal estate upon any express or implied for the use or benefit of any other corporation or formed or to be formed, haviag for its ob- ‘aid im securing @ liberal education, honorable ition, and remunerative ¢mployment ic their appro- profession as educators or otherwise to American ; and t> hold any real or personal propery in for any purpose connected with the etucacion of 7 an women, or for any corporation or association having such object in view; and shall have, also, full power to grant, the same. lease, or otherwise dispose of Mr. Fistp, pursuant to notice, introduce! a bill for the due spportionment of taxes and assessments, and for the salo of real estate to pay the same. The bill provides as follows:— i Hd Sec. 1. In all cases where there are several persona in- at law or in equity, in avy real estate, situate the t ounds of any city or village in tuis State, fam the therein in possession, ; Or as being presumptively entitled by virtue of any deed or will to such estates, on the ceath of any person or persons, in being, or upon the happening of in any contingency ified, an al as Dee or sball become liable in any for any term 0! years to satisfy any 5 or in, default, to be sold tax or assessment imposed thereon; then, awl in every such case, upon any action brought by any person so interested therein, for the pur} and equitable apportionment c upon the several present, future ant Caer ty itive in- terests as aforesaid, in such real estate, and the pay- ment thereof, or the redemption of the real «state so sold accordingly; the Supreme Court shall have power at any time, on the application of any party to such action, to extend tne time of re- demption of any such real estate sold, or to be hereafter sold by authority of such city or vil- lage, ton aes not exceeding six months from the en ‘try of the final judgment to be given in such action, an toorder a sale in feo simple ein for Cy egen “eatate or any part or parts o pay sucl xor pe ke oi to redeem the sam Snr i ner eeds of suc! se of compelling a just fuch tax or assessment hare the action and the proceedings cousecte with. See. 2, Like proceedings may be ha‘, to redeem b; ment with the purchaser of any real estate so pt A sea of or hereafter sold, as aforesaid, after the time allowed by law for recemption shall have expired. But every sach agreement sball be ratified a: pers by the court, and the redemption thereon be evidenced by the deed of the purchaser, his heirs or gms, granting the property to some party in the action e: axed to “be made in extinguishment of the tax or assessment title, pursuant to this act. Sec. 3, If any persons so interested, as aforesail, in #aid realestate are unknown, or ifeither of the kuowa parties to such action, whether minors or of full age. reside out of tne State, or cannot, on inquiry, be found therein, and that fact be made to pe ent to the satis{ac- tion of the Court, by affidsvit, am order may be mate by the court, containing a sufficient bates ha of the pre- mises of which, or of part whrreof a sale is sought, and requiring all parties interested therein to appear and wer the action by a or in said order specifie!, ich or¢er shall be pu ed for three months, once at . h week successively, in the State paper, and r printed in the county where the’ pre- , if there be any, and . yore be erg newspaper printed in city of New York, fueh ardor sball authorize a such unknown pers 1s State, or aot found therein, nswer kegreg am, 9 Lod all Co anknown jes as may appear on such notice. miy made parties to the action, and the complaiat may be nded for that . Bee. 3 The Court im its discretion may direct any Ee son not already mate a party to action, who shall seem to be presumptively entitled, as he first section of this act specified, to be 10 made a party thereto. And whenever, in avy action to wh.ch ali persons hav- ing vested estates, at law or in equ ty, shall have been omiade parties or shall have been so proceeded agsinst a8 unknown owners, a sale shall be had as aforesail by order of the Court, such sale shall vest in the purchaser fee simple, absolute at law and in equity, ia the pro- perty so sold. Fee. 6. Ali sales to be directed as aforeraid, shall bo or under the direction of a referee, to be for pur tarot by the court, who shall have to perfect every such sale by executing undor bis ‘to the purcha: ser. fourth sections of the act enti- and seal a deed he third section of the ition to the sale of real pay paseed April 11, 1842, shall apply to actions under this act. YORHIGN BANK NOTES. t prohibiting the circulation of 8 passed ‘THE ELECTION OF UNITKD STATES SENATOR. ‘The concurrent resolution for the election of Unitet States Senator on the 6th of February, was adopted with- out debate. Assembt; ALBayT, Jan. ‘BILIA PASSED IN COMMITTER, . The general order of the day was the bili respecting excavations in New York and Brooklyn. The House “Committee had made the bill general in its application, ‘but the Committee of the Whole confined it to Brooklyn. “The bill to amend the act consolidating Brooklyn, &e., ‘was passed in committee, well a the bill amenting a ‘the act the firemen of Brooklyn, and the Bill fo amend the Asylum, t of the New York Inebriate The New Prohibitury Liquor Law. ACT FOR THE SUPPRESSION OF INTEMPERANCE. of the State of New York, represented in Assembly, do enact as follows:— pny Fog had e2pt an hereinafter pro- not be «1 or kept fer sale, or with intent by any , for himsel€ or any ocher per any place whatsoever: nor shall it be given iy asa medicine, by physicians pursuing the iF sacramental Ht E tf er, stored in a warehouse to its reaching the place of ite dortina’ This shall not to liquor, the right to sell which in this State is given Uy aay law or treaty of the United States. See. 2 Any citizen who is an elector of the towa or ward in which ke intends to sell {ntoxicating Iquor, as hereinafter ‘ided, may apply to the county fuige of the county ia which said town or ward is situate !, or in the city of New York to the Court of Common Plras, for ‘a permit,to sell pure and unadulterated liquor, for me. chanical, chemical or medicinal pure wine for sseramental use; end application, ehall make affidavit’ before or cont, wet forth the town or ua des a Bich he intends to such aed declariag THE NEW Y . O ¥ I Aga we K he is on elector of such town or ward. end dose not use intoxicatin; liquor as a beverage, and is not, and duct ‘the time be sball sell such liquor, wiilnod be « any cOumodities, or the keeper of, or int boarding house, victualling bouse, shop, grocery, or fruit store, bar roo; of public entertainment, in, any theatre, museum, or other place of pul recreation or amusement, or the captain, commander, agent, or servant of or on fe vessel, boat, or craftof any kind whatever, and will pot vivlate any of ae eer too of this act. Of the number so a) ing, the judge or court shalt, within one weel ‘ter, ‘te one in each elec. tion district im each town or city, who may thereupon file in the office of the clerk of the county in which such anes fe wr deg tog var vie ie tine tate made a fore said judge or court, an w e of the State of New York in the sum of one thoes 4 dollars, executed by himself, and two aod sul. cient sureties, to te dpproved by the judgo or court be. fore whom the affidavit is made. and acknowledged before teid judge or court, that he will not do anything con- trary to what he bas sworn in said affidavit, or violate any provision of thisact, and will pay all Gnes and costs whieh may Le imposed upop or recovered agarust bim in all ac- ‘ops to be commenced under any of the prov sivns of this act, and shall ble @ copy of suck undertaking and affida vit, cer‘itied by the county clerk, ia the office of the clerk of the town or city in which’ such liquor is to be sel, No such undertaking shall be approved by said Judge or court, unless said sureties shall ba freeholiers within said couoty, and shall severally justify, othe sum of one thou-sod dollars each, over and above all debts, Cemands, habilities, and legal «xemptions, and make oath or affirmation that ti not become sessed of any property to enable them to justify as such surcties; sucd undertuking und affidavit on being av, fil sball authorize such persons to sell such Liquor as above nemed, for the purpose above named, at the place di veribed in the uncertaking, for the term of one year from the fil ng of the same as aforesaid, and no lon cer. tee 3. Any person authorized, as ia the last section provided, shall oot do-ansshiog contmary to what he is seorn iv his said affidavjt; nor stall he suffer any liquor told by him to be used upon the premises wiere the ane sold; but he may sell in the following cases and ~no other:— 1. be | person of the age of twenty-one years, be- ing of good character for sobriety, #nd an inhabstant of the county in which such liquor js sold, or of a city adjoipiog said county, provided the person selling the same shall bave good reason to velieve, and ghall believe, that the same is iatented by the purchaser to be used for some one of the purposes in the preceding section named, and not to be sold, disposed of, or givoa away, or to be used on the prem'ses; or, 2. To any person authorized to sell such liquor as in the last rection provided. Every person authorized to sell as in the last section provided, shallbeep a book of sales, in which he shall ‘enter, or caue to be entered, every sale mado by him, whieb entry shall contain the kind, quantity, price, pur- pose for which, name of the persen to whom, aud time when sold, which book shall at all times during business hours be open to publie examination by aay. resident of the town or city. very person so se.ling liquor, shall file with the clerk of the town or city where he solls the same, between the firrt and fifteeath day of each month, a sworn copy of such sales, and of all purchases made by him, contsinivg kind, quantity and price, with an affiday t that the same contains a correct account of the sales and all the sales and purchases ma y tm during the previous month, according to his best knowledge, information and belief. Sec. 4, Any person who shall violate any provision of either of the preseding sections, shall, upou conviction, be adjudged guilty of @ misvemeanor, and except ‘or failure to file his returo or make his entries as in the last section provided, sball forfeit all the liquor kept by hice in violatie ctiona, ant be punished ax fullow oft first,for the first offence, by a fine of fiity dollars; for the second offence, by a fine of one hundred doliars, aad thirty days imprisonment; for the th rd wad every subsequent of. fence, by # fine of not less than one hiandred, nor more than Sve hundred doWara, and by imprieoament not Jess than three, por more than six months. For any viola- tion of section se3ond or third, by a fine of one hun‘ red d:Mars, and be ever therealter disqualitie! for selling liquor within this State. Upon every conviction the de- fenvant shall also be required to pay all costa and fees as provided in this act, including a counsel fee to the complainant, to be fixed by the court, of not Jers than five nor more than ten dellars. {n defauliot payment of any such fine, costs and fees, or any part thereo’, the defendant shall be committed until tho same are paid, not less than one day per dollar of tho amount uupail. After such commitmest and non pay- ment of sny fine, costs and fees, or avy part thereof, for a violation ot any of the provisions of sections two or three, any person or persous interested in such flu, costs and fees, or any part thereof, may bring an action in the name of the people of the State of New York, in wny court of this state having jurisdiction te the anount claimed. on the undertahing filed by such per- #0a, as required by section second, aud recover thereon the amount of suca fine, costs and fees. If any person purchasing any liquor as in the last section pro- vided, shall at the time, intentionally make any false statement, concerning the ure to which such liquor i4 10 be applied, he thall' be deemed guilty of a misde- mvapor, and upon conviction thereof shall forfeit ani pay a five of ten dollars and costs and counsel foos, as vided in this act, and atend committed uatil paid, not {ous Seso op dav per dollar of the amount unpaid. Fee. &. Every justice of the peace, police justice, coun- ty judge, and in addition, in the city of York, the recorder, eity judge, each judge of the superior court and of the court of comaoa pleas, and in all cities whero there is a recerder’s court, the recorder shall hav» power | to hear and determine charges and punish for ai! offences arising under any of the provisions of this act, ans they are each bereby authorized and required to Loli courts of epecial sessions for the trial of much oflnces, | and uoder this act to do all other act: and exercise the same authority that may bo | dove or exercised by courts of special sessio: ", | ag the same are now constituted; and the term mag!s- trate as used in thd« act shall be deemed to refer ‘oan! incluce each officer named intbis section Such court of wpecial sessions shall not be required te take tls amination of any person brought b-tore it upon charg nce under this act, but shall proceed to trial as ter as the complainant can be notified; and for gcod enuse shown he may adjourn from time to twenty days. At the time of join #ue, and not after, either party may demand trial ‘jury, in which case the magixtrate sue a vo: and cause a jury to be summonedand empannelled in otber criminal cases. The complainant may ap pear upen guch trial on bebalf of the people and pros: cute ‘the same with or without coonvel. fe may also. proecute the same ail the courts to which 94 bereina‘ter provides, I may be taken, in person or by attorney, or he may apply to the Distric! Attorney, whore duty it shall be, upon sech application, to appear and conduct said trial, or the appeal from the judgment thereon, or both. ‘The same costs and dir ursements «ball be allowed against the « int upon such appeal as are now allowed in civil actions, In ait tases, Ifthe District Attorasy shall appear and contact the trlel or appeal, or both, the costs. if any, shall go to Lim for his individusl use; ia other cases to the con plainant, end in default of the payment of the whole or | Any part thereo’, the defendant may be committed to | the ame exteut as proviled in the fourth section of this | act. | See. 6. Whenever complaint on oath or afiirmation | shall be made in writing to any magisirate by oncor | more eredible persous, resi of county the complaint 1« mi that he or they havi that intoxicating liquer is kept or d m of section firat of this act, e | o hich such complaint | water arljacent thereto, of within | he bousdaries thereof, which | cireametacces wooo | tounded, els reumn- ted upon oath or one itskall be the duty of suct mag'itrats, 4 that there is probable canse Cor eaii belief, forthwith to issue a warrant, directe! in the come mauner #* criminal processes are now. rected, commanding the officer with proper a ence, forthwith diligently to search seh place or places in the day time, and to seize all intoxicating | quot found therein, whieh frem ead complaint or her roof furnished, raid magistrate shall be matisied there provable coves for b lieving is kept or depositet in violation of any provision of section first, together with the vesvels in which the same is con’ |, aod te store the same in some safe snd convenient place, to be d's pored of ap hereinafter provived. If from euch com- plaint or the perso so keeping or de , oF both, iting cia Vigeor ‘shall be made known, of ascer alae! magistrate, be shell iv arrest of the ratefection of said separate werrent for the dealt with aceorting to rhall be ireued eae 8 convieted, as toxicating tiquor ed it to be done, leaving thereof. Every and cereribe the re as st i gs H 3 i z Ee 3 it & HH ij itt I i I : ' ! HH : i ie ft if ! e é H ii rg pil # if eeesy | percon or persons named the phe, for wbom he fo ets task sace such pad not become posse for the purpose ing its forfeiture, an that the saine lad not bes Contrary to the pruvisicns of this act, to the dest of | other person, shall, upon conviction of such person of bie knowledge and belief, and alsespecifyiag the purpose ¢ such offence, be adju forteited. ee for which, 1 eo where under which of | Sec. 14. It shall be the duty of every supervisor aul section first the same was kept, aad the facts partienlar- per ntendent of the poor, and overseer of the poor, and showing it to be within the exception; and it aball be the ri every other persom, whenever ho Fame proceedings Before sail wagistrate shall ia all | shal bave apy knowledge or information that any of- Jespects be had as are provided io section At&\ Upon | fenee has been committed under amy proviston of this the triel of such claixs, the Custem House certifi-\| act, te make complaint or cai come! jot to be mele cates of importation amd proofs of mark» om | thereof, and to prosecute such complaint in the name of the casks or packages, correspendii thereto, bod pag Tn case ony person other than an otticer receive! a8 sufficient evidence that not makeouta prima facia case before the magu- contained im sad caske or pack | trate upon the trial of any complaint under the first actually praia thereim. The magis- | section, court shall remder judgment against keep minufes of the proceed! testi such person for the costs, and issue execu'ion thero- i judgment vpon all trials under this or section fifth, which rha'l be subscribed by him. He shall bave power Issue process to compel the attendance of witnesses, pond-h ‘er non attendance as witnesses or jurors, i the rame manner as in civil actions before justices of Either the compainant or other persom prose. behalt ef the people. or defemlant, may appeal Supreme Courtat general term, from any judgment: ony magistrate rendered unJer amy provision of this act, by serving upon such magistrate, and the in: entor such other person, or the defendant, as the case may be, written notice thereot, specifying the grounds of , Within tem days after the rencering of such judgment. ‘The decision of the Sapreme Court srall be Gnal unless with the decision they shall file a certifi- cate that a constitutional quesson is involved thereia, in which cave an app al may be taken upon thas ques tivo only to the Court of Appeals, ‘The service of sach no- tice abel be of no effect on bebal he shall at the same time deliver to the magistrate an wa. dertad ing to the people of tate of New You sum of fire Bundred dollars, with one or more to be approved by euch mag judgment be re \reties, rate, conditioned that, it fered against him on 1 trom the pay the amount unsatisfied, an’ stall not, during the pendency of sail appeal, violate soy avision of this act, and that they will severally Camages and quence of an vetice end un such judgm have been ¢ ‘abing, all furt shall be stayed, um’ 1, or diumissed for want of prosecution, as hereinafter provi No proceeding of julgay had or rencered under any provision of thie act, shall be ret aride or be void y reason of any techuical er rors or do‘ects not affecting the merits, but the «ame may be amended without notice before or after judg- ment, cr upon appeal or review, of after judgment renpered upon appeal or review, when by such amend- ment substontinl justice will be promoted, Any jadg- ment or verdict rend aguinet evidence 1 sed apo appeal, as in civil netions, All appeals from judgaeots under this act sball bave the same precedence as other eriminal causes, ond may be moved out of their order at any time by either party. Sec. 9. Whenover ony appeal shall be taken according to the provisions of tue lat section, it shall be the duty be reve “of the by: egies within five days thereafter. to file a return of the testimony an’ procesdings had before him upon the trial of euch om, together with the notice of appeal and under if any, and his certitiea that the seme contains ail the testimony aj ings bad before him on such trial im th se of the county clerk of the couuty in which the trial was had. After tho filing of tho papers as aforosaid, the same rules and proseedings #hall in all respects govern tha peal to the fi etermination thereof, ax are now rovided in ‘, exeept aa hereinbefore modia- ed: provide if either the complainant or defendant cannot found to be verved with m now provided, tho same may bo served by filing the county clerk and attaching thereun'o an affidavit coa- taining the reasons for #o doing, If the comptainant, other than some onc of the citicérs whose duty it is made to enter cor nt, shall far! to appear by himsel/ or attorney aud nlc BE ste wny appeal brought under any provision of th trict attorney as provided jn section fifth, he shall be persovally liable for the costs, ond execution therefor may be issued against him asin civil actions, All ex- ecutions issued npen the final determination of any ap. peal adverrely to the defendant, to collect the ju igment thereon, she!l be in the name of the people of the State of New York agulust the property and person. If any execution so iseved shall be returned unsativfed, in whole er in part, any perion or pepe ms havi rest inany such judgment, may malytain an action in the nate of the people of the State of New York, upon the undertaking given upon the appeal, and recover therein the smeunt of his interest in kuch hes prs with costs, fee. 10. Whenever any liquor eelzed und: sion ofthis act hall not be adjudged forfeited, cer having the rome in custody tura ‘it lo the place where it seized; bat when it 1 be aljuged ferfeited, as provided in any eection of this act, or whea ever any trial sholl bave resulted adversely to the de- fendant, and the time for serving notice of shall have elnpeci and notic undertaking shall have heen served, or the jodgment appented from shall beve been finally decided adversely to the de- A notice thereof given to the magh whom the trie! wos had, it shall be the i » forthwith to proered- destroyed: ani the officer to whom tl cclivered ehall forthwith proceed, in the presence of one of the complainants, or some other persen to be desig- atod in such warrent, and to be summoned by him, to € si¢ the rame, and such person shall join with the officer in moking ‘return by affidavit of the time, place panner of the execution of aneh warrant, and upon receipt of raid return, enid magistrate xhell order execution to iaeue to said officer, who shall proceed to sell the vessels which contarned said Iquor; and the | proeceds of said sale shall be applied im like manner as proviced by this act in other ease ec 1, Whenever complaint on oath or affirmation in witirg, which complint shail state the facts and cir- cumstances upon which his belief is founded, anall be made before any magistrate, by any peraon, that he Just cause to suspect and teli-y dors belie ve, t Any offence against any provision of this act haa been mmitied, 6nd that somo other peron or persons, named by hin, b vEKnowlouge of the commis: tion of such offen to, if he thinks ther 1 offence has been ch or persons has or haye ission of rach offenee, shall fo 8 to the person or persons so 4, and that knowledge of the com with irsue @ summ named, commanding hima or them before him, ata place, and time not more t a thereafter, designated in such summons, to fy in relation eh complaint. Such or in an adjoining county, by any efficer to whom t ome shall be delivered, or by any other person, by stating the contents or delivering a copy thereof to'the ani at the same time show ing Lim or them the original. If the person or per- ops #0 eurrmonsd shall fall to appear, the magistrate, upon proof of the service cf such summons, by the re- turn Of en officer, or the oath of any other iseve an attachment to compel their attend purpose of givin my be executes perron #0 a such testimony, whieh attachment in apy part of the State. The bed may, unless some reasonable cause | or exeuse be sbown by hia own oath, or the oath of sowe other person, be punished by fine of not less than | 1 tm detault of payment, he may be com- | ten dollars, mitted to tl me ex nt as provided in fourth It thall be the duty of every sheriff, under 4, deputy eheritf, constable, marshal, or policeman, rve all processes to be inened by this act, to arrest whom he bail ere actually engaged in the of any offence in violstion of the first section i to seize all liquor kept in violaticn of time and place of t ith the vessela in which the , and forthwith to convey auch person gistrate of the same city or town, to be dealt with ac: to Jaw, anc to store the Hqaor and Ie 20 gelred in von wyenient place, to be dis- of as hereinafter provided. It shall be the duty of every oficer by whom any arrest and seizure shall be made buder th rection, fo mate complaint on cath Sguinst the per on or persons arrested, and to prom cute ruch complaint to judgment and execution. It «ball be the daty of every such officer, whenever he shall eo apy intoxicated pereon in amy public place, or dis torbing the prblic peace and quiet, to apprehend such perron, ond teke him before sumo ma; sid mogietrate shali deem him too to leexsmined orto snawer upon oath correctly, shall Cireet paid offcer to keep him im some safc to te demignoted by said magi» he shall become sober vl thereupon fort! tebe bim before :aid magistrate, or if he cannot be found, before some other magistrate; and whenever Defore eny nw convenient ph ® | euy person ball appear or be brought before any magis- tuate ro) tod in thie or the preceding section, it shell be the ‘yy trate to administer to wuch person irmation, and to ex- amine bisa for the purpove of ascertaming whether bas been committed agsinst y aac Sore wach mination, It shal! evel opprar thet y be hie Cuty to issue « warrant for the arrest of the off oder and the rearch of bis premises, as hereinbefore Tf it shall appear that apy sack offence has op comapitted at any beyond the jurisdiction of curh mogietrete, it shall be his daty to reduce auch ex. emiontion to wri and forthwith to certify and send ‘he wome (0 any officer or rate having jurisiiction of the offence charged, who thal thereu proceelia relation to euch Ceo in the rame manner ns if the same bed been made before him. it shall »p- peer, wpon said exemination, that offeves las been core Seni tate cok ual dee a the t Pte detained until eueb trial shall be aa ‘t sock witness eball refuse to be «worn or affirmed. or to | juertion pertinent to wr all be committed to the common jail, there remain ootil be shall consent to be sworn or affirmed, or to Cinelone. See. 12. All Hquore seized onder any oe cept in canes where the owner uch examination or imons of thi dunder any provision of this act | s act, or to apply to the dis- | mon’ may be served in the | Pash! shall | jance for the | commission of | offence been committed | within the jeriedietion of such magistrate, it slal! | the witness or witnesses shall enter into s ] shall bave been found and seized in the Ferson who shull have been arrested for provision of the first rection, mete an, and not claimed by pod on in the seme manner as in civil actions before justices of the pesca One or more such offeaces may be charged | Im any complaint or warrant agaivst the same person or persona, aod shall be tried at the same time; and the person or persons charged aball be punished for eash | offence of whieh he or they shall be coavicted, as upoa. separate convictions, but such oftences shail all be coa- sidered as of the same degree. Whenever any fine im- poerd under any provision of this act auall be collected, | one half therrof shall he paid to the person or persoas upon whove voluntary complaint the warrant was issued, other than an officer, and the other half to the over: seers of the poor of the town in which the oilence was committed, for the support of the pvor, in cases where such expenses are paid by the to where the poor are supported by the county, then to the treasurer of the county. But no gersoa shall victed upon the testimony of any one com- i y uueUpported by other evidence, unless such inant sball, before trial, waive his right to receive such partof the fine; in which case, and when the proceeding shall be instituted by any ollicer, the whole of euch fine shall be paid to the overseer of the poor, or the county ¥ tee. 15. A cert te uncer the hand of ofleoce charged ag t thereon, shall’ be ev { the facts stated therei ny magia. im apy otter county than that in which such mogistrate shail reside, unless there shall be thereto a certificate under the hand real of the clerk of the city or re such magistrate resides, — that wirate, at the thme of such conviction, tied and acting as such magistrate, and t ture of such magistrate to such certilicate i 4 t | genuine | Fee 16. No person who shall have been convicted of any offence against any provision of this act, or who shall be enguged in the wale or keeping «f intox liquor, cow rary to the provisions of thia act, competent to act as a juror upon any trial under any provi of this act; and when information shall be communicated to the o urt that any person summoned rer upon any such trial has been so convic aged insuch unlawful rale or keoping or wed to by the eben so convicted, or to be so engaged, | it sball be the duty of the court to examine such person | upon oath in rela‘ion thereto; and no answer thet he | may mare shall be used against him in any action or | prosecution which may be commenced agaivat him, | under not this act, except for perjury on | but he may decline to answer, ia | N be discharged ax a juryman on such, | No person shall maintain an action to recover the | OF posseasion of any intoxicating liquor soll or kept by him, which shall be purchased, taken, detain- | ed, or wjured by sny other person, unless he shall prove * ns sold according to the provisions of lawfully kept aud owned by lim. pon tke trial of any complaint com- meneed under sey provisien of this ast, proof of the | rale of Mquor shall Micrent to sustain an aver. | ment ot an unlawful sale, and proof of deliver, | rhall be prima facie evidence of sale. No evi- | dence shall be received in justifieation of such sale under rhe second section, unless the defendant in | bis plea or avewer sball have avowed such sale under | raid section, and #ball have accompanied such plea or Answer with an affidavit or aflirmation that at tre time | of uch anle be verily believed that the liquor rold was ded by the perchascr to be actually used in some | other way than as a beverage, and not to be sold, dia- | posed of, oF given away, or used on the premises, or that uch purchaer was duly authorized to sell liquor as pro- | vided by the second section of this act, ax the case may be, and also setting forth the cirenmstances of auch sale, acd the reasons upon which such belief was founded fee. 18. No person or corpcration shall kaowing ly cerry or transport any Iquor within this State, sue t | trem shy place within the United Sates, and no | | person ‘hall knowingly deliver any liquor to any | Aber person or to ny corporation for the pur- | | | pose of being so carried or transported, uuless the | peme and place of business or residence of the persoa to th ume tx to be conveyed, together with the ting liquor,” are visibly aud distinctly outaice package oF in which the @ Put this section shall not apply to uor in quantition of five gall ithin the county in which the saae jo! og county. Aoy pers in ing agains any provislon of this Toe lisble to a penalty of fifty dollars, to wd recovered by and in the name of any LU fret commence an act therefor, which there now is, or vr may be, & penitentiary, the court before which | any copviction is had fi offence against any pro virion of Ibis net, may, in its discretion, sentence and ecrmit the persom convicted to auch peu tentiary, ab hard labor, instead of the jail of euch edunty, aod when- ever the ponishment under any provision of this act is | imprisonment or commitment, it shall Le a commitment to the county jail without the lmerties thereof tee. 20, Every public officer who «ball neglect or re fore to perform any duty required of bim by any section of ths act, eb upon conviction thereof, be atjagtedt guilly of & misdemeanor, and rball be punishet by tine not excreding five hundred «lollars, or by impris mment, not exer eding ope year, or by both fine aed imprison ment. euch covvietio work a forfeiture of office in all cases, except tl judicial officers, Any per: fon who shall directly or indirectly oppose oF resist any «ficer, or spy gne called by him, to his altin the execu offe nee ted by this act, inconsistent therewith, See. : y which shall be audited and paid in the same manoer as feen in other criminal esres, and whenever judgment siall be rendered for corte, there shall be included | therein tees for auch prospective services an shall be ne- | cerssry to enforce such Judgment ‘wad when no fees are herein provided, the eame fees now provided in crimipal cares for similer services. | Te any magistrate perform ng the following servicers: — | _ For every warrant or summons oi any kind, twenty- five cents, For the trial of any claim, one dollar. For a certificate of convietion, twenty-five centa Yor taking and certifying complaint to another magis- | trate, Oily centy. | To wny rheriff or other officer, performing the follow- ing nervy cep bor serving som verve’, twenty-five Fer executing any seirure without proe For conveying liqu ex ant of search, or msking any one dollar. quor,t . | Yor conveying certified complaint to any magistrate, fifty cent, | Vor every mile travelled, more than one, in perform. | ing any of the atove services, len ceut To the person, other than the complainant, tummoned | to withers the destruction of forfeited liquor, for wit: | nersing tuch dertraction, and joining with the officer in | mak ng proot thereof, one de tar, ‘To any supervisor or Ly utendent of the poor, or overseer of the poor two dollars for eneh day in which he is actually engaged in attending to any complalut or | + prevecution, and ten cents for each te aotually tre | Sec, 22, Nothing tn this sct shall be constroed | | so af to prevent the sale of civer, in | | not Jess than twenty-eight. gallons, ‘But ro vold thal be drank on (he premises of the seller, and any such drink rg, oF a re purchaser by the selle ticn of the elder sold by him, shall pubject bim to the Itlen provided in section third of thisact Nor shall manufacta velled of alcebel, or of | keept or sell autbertzed. by th isting liquor,’ ‘o any person The term actto end | which | i Nh be the duty of t { Over and Terminer very Court ge every Grand Jury, to} violations of, or oBences under this act | an re into all qu fee. 24, All ects and parts of acta incowsistent with | thin act are Lereby repealed. Put mo suit commenced, or indictment found, before this ect takes effect, shall | ineny manner Le affected t) ereby, | Feel ab, Fo leense te ell lique | vided, thell violet ep of ony yr a be coemed and Se here! } ron | Eee. 26. Thin set halt tabe effect on firet da y next, except section twenty -Ofth, whieh shall ct in mediately Pull Beletive to the Detention of Witnesses. Dir, Linew prevented to the Asrembly the follo ving bill except as herein pro- All liquer hept in i Der previevene of this actehall by declared to bee public oul oat reafter Ve giented i } to | iélative to the detention of witnerses, which was re erred to» special committer — | fee 1 ABy perron whe may be unable fo procure ato testily in any enne, by the le be Te to be restrained o & prison oF place of y vuilding oF pe | that eminent actor has ren Burton gave his audience » great bill last evening, comprising one new comedietta, a drama only twenty- The comedictta is entitled the ‘Nalance of Comfort,'’ and The story is very simple, and pot startlingly original. Mr. and Mrs, Tor- | ringtom (Joréan and Mien Raymond) having married without being in love, have separated auricably, he to @ to phange into seclusion. After two years ef solitude, abe is quite pleased to be able to offer sbelter to a pic-nie party caught in ® shower; and unconsciously two ridiculous admirers, who four hours old, and two of his best stock farcos. has just been imported from London. roam the id, receive) believing her to bo a widow, pay their addzesses to her, While they are in the house Torrington returns, and quizzes bis wife en what he calls seclusion: she retorts with upirit, and insists on his calling himself her brothor, and keeping up the delusion of her widowhood, under pain of leaving the house, Several funny scenes ensue between Torringion acd his wife's lovers, who confide their parson wud thelr rivalry to him; till Torrington, tired of the mystifiention, goes out, pretends to fight & duel, and te be wounded inthe leg. His wife is so sheeked at tho sight that she relents igatantly, acknowledges him to be hor husband, and the piece ends. Parte of the dialogue are amusing; but others are pro- tentious and dull, Miss Raymond was aprightly as Mrs. forrington, and Jordan carried off the husband's part with a good deal of spirit. The drama, though entitled on the bills “a capital demestic drama,” bears strong Internal evidence of a French origin, and seems to have been written for Pouffé, The plot belongs tothe pathetic aehool which tered so popular; and though & Yankee servant, Hevekiah Soute, has been intorcalated to the down-East business, and all the sames are Ame ricunized, we do not think the disgaise impenetrable, The story in as follows: Mer, Eastman, an old gentleman, (Fisher) has an only daughter Mary (Miss Raymond) who falls im love with an Englishman mamed Langhorn (Hol- man), under circumstances not explained leaves her father’s house, The father curses her in hid fury, leaves his home, loses his reason partially, and goos to live in a hut under the assumed name of Old Adam. After much delay, Langhorn obtains bis mother’s con: sent to marry Mary Eastman; and be and Mary find the old man, and, by artifice, bring him back to his home, and induce him to revoke hiv curse and consent to their union, The plot, as will be aren, is slender; the suc- cous of the piece i due to the emotions awakened by the distress and frenzy of OM Adam, In fact, the whole piece rests upon his shoullers, Weare bound to tay that Mr. Fisher proved himself fully competent to assume fo great a responsibility, and during the whole of two long acts, almost without movement, and ce tainly without the attraction of a doubtful denoucment, enchained the attention of the audience in a manner that reflects the highest credit on his ability. He did | not miss one of the many beautiful hits which reveal the delicate band of the French author, and waa | throughout judicious, artistic, and effective. Of the other parts it is unnecessary to apowk: they were the merest accessories. Marine Affaire, Park Fucur Asuonx.—The bark Flight, Capt. ©: houn, from Charleston for ths port, went ashore on Rockaway Beach at 7 P. M. on Wednestay, She lays alout a mile and a balf to the weatward of the w: the Montezuma, and balf a mile went of New Ink She wenton at the top of bigh water during a dense fog, and | at last acconnts had all sails set, with wind off the land. | She will probably be got off after discharging part of her | cargo, Assistance bas been sent to her in steam, light: ers, ke, The F, was built at Somerset, by J. H. Wood, in two years old, axd of about 240 tons burthen, and is owred by, and crntigned to Dunham & Dimon of thiscity, She is mostly insured in Wall atreet. New York Chamber of Commerce. THE USURY LAWS. A special meeting of the Chamber of Commerce was held in the Merchants’ Bank, at ono o'clock yesterday afternoon, for the purpose of considering a memorial to the Legislature in reference to a repeal of the usury chairman of the committee, report. ed that they bad taken the matter into earful const- deration; and he would submit at this time a draft of pot fully understand; ment in it which the committee Mr. Banetow now read the memoriyi whieh was re- ceived and eo Chumber, !t was thea moved that it be rly executed, and transmitted to the Ligisinture through the committee that reportet it, The meeting then afjourned. ‘be memorial will Le forwarded in a few dayr. Police Intelligence. CHAPGR OF BURGLARY. On Wedner?ay night the dwelling house of Anirew B Pleraon, of No, 179 West Twenty first street, was entorod by two burglars, by means of false keyes, The propr tor of the house hearing the noise of the burglars in of fecting their entrance, got out of bed, dressed himae f, olng down stairs to ascertain the cause of tl noise, be saw the two burg dincovered the presence of Mr treat. Mr. Pierson, however, follo: ard erying atop thief, through the serv: before the mag Court, of offi at the Second District I ame ae Jobn fiiow. He was com jon by Justice Hrennan. No proper. len by these burglars, the simple burglary only having been efected. CHARGE OF FALER PRETENCES. Officer Webb, cf the Lower Pollee Court, arrested « wen pemed Frederick Wehman, charged with baying de- frauded Kertrick Woblens out of five or six hundred dol- lore, by talee pretences and fraudulent representatioas. ‘The charge arises out of @ business transaction that teok place between these parties in June, 1462. The \ eticets, wax bought frem Webmen by the com and bis father, now deceased. Hinee discovered by Mr. Woblens that there existed « mort- cage on the premises he would reduce bis bargain to a very low ebb. In review of this fact, the vinplainant thought Bt to make a charge of ‘alee pretences gaint “np, *bo was locked up in the Tombs by order of Veoterte General Ber Viet, ons stand inciewd arrested Alexander Doyer ai arrant iasued from the court 7 pprenticn, The acoused were held to 4 Ww answer the offence charged against CHAROR OF RenEcZLEaENT. ty eighth street, was rented yesterday, by | officer Rela, of the Lower Police Court, charged with baving cmbrarled $59 from his A Maler tne iter ond proprietor of & French } Lehed at No. a) way, called Le Progress it te etated, collected bile purporting 4 by bis employer, ant sppropriated the cers to bin own beneGt. Cresin was taken before thee Cor ployer, A Ses «lly, who held him to bell ln ike sum of 6400 Le Koy Garett, J Jo'clocs this morning in the olf copie’ by Mr. Grommon 0+ © printing Mr. Finney, \obecce- yo enti ell the stores sod aod Drake sheb spread cect ope betwere up street ome wile thice wed block were spared devtrustion, y were overely threateued, 261 mach of the were carried cut to enewumter eGrench- we + grote were mostly saved, though lo « damaged iis Sethe streets being four to sia faces deny with ‘Din wed wo Vive were lot, nor were any persone seriously vyored Lhe dre le ewpposed to be the work of design, Maia street prose Oevolale appearence The loves, #8 heat an can be ascertained in the conta row of the moment, are oe ‘ollows —Heid & Co, grocers, bore OF GO, Kartow he Olmsted. law oficr, —-, Browne: t Gotteey, dry 4. | but the firemen succeeded im a of a restaurant, corm of Charies and Washingtoa | that time it was | named Heury Cressim, residing in Broadway, | HERALD. PRICE TWO CENTS. GREAT EIRE IN THE BOWERY. Six Bulldings tn Ruins—Several Persons In- Jurrd—Reseuc of Females from the Flames. A fire broke out about half-pant sovew o’elock last Bight in the Bowery, between Hexter and Orand streets. It was oberved in Aaron Chishentor’s clothing atore, No. 18 Bowery. One of tho poll semen had been passing the house a few moments before and all wes quit, no dine of fire being observable. Suddenly » loud report wae heard, and the front door wae burst open as if by » shock cansed byan explevion of gunpowder. A young man who was passing, whose name we could not learn, severely injuved, Tho explosion evidently took place im the rear of the store, The building fmmediately caught fro, and the flares spread with great rapidity. Ry the time the engines arrived on the ground, the two buildings adjoining were on fire, The firemen dirplayed great energy, but the flamew continued to rpread unt) four buildings were com- pletely burned down, and two others greatly damaged. Soon after the firo b oke out in Chichester's, Mr. Wm. Brooks entered the building, and secing two childrem endeavored to bring them out into the street. They were alarmed, however, and ran uwdera bed, crying, “Den’t take us to the station house.” Mer. Brooks sue~ ceeded im bis endeavors and carried the children eut anfely. ‘The fire 4 with great fury aa the materials {a the buildings were of an inflammable nature, ‘The Gre spread with great rapidity, until it reached the building No, 98, ocoupied in the lower part by Mr. Myatte As a carpet ntore, and above by Mrs. Sarah Brower, as @ boarding Louse When the fame reached this buildiog the greatest confusion prevailed among the boarders, a number of whom were females, who rushed out dressed im thelr night clothes, aud almost raving from fright, An old lady, named Mre. Francis Hellicar, aged 8 years, waa forgotten in the hurry, an were also ber dangh vers, whe resided Ip one of the Lack reoma of the house The females who eseaped—at length missing the fe- males above allude! to—gave the alarm, and three gem tlemen, who deserve honorable mention, rushed inte the building, regardless of their own safety, and sao- ceeded in resouing the old Indy. Their names are Fraak uman, Philip Miles and John Deora The daughters were rescued by M Pelt and Samuel Marshall By this time the scene way mont exciting. The are was regivg with great fury, pocording to all appease he buildings were, as a general thing, of a mont fragile ma- terial, and the firemen would not veuture their lives im them, The walls were continually erashing, and the | flamen appeared to shoot up all the more madly, At length an alarm was raised, and the bullding No, 06 Bowery, occupied by Mr. Hyatt, as a carpet store, from which the women were resourd, fell with a deafening crash, aud the cry was raised that a number of persons | were in the ruins ‘This alarin, however, appeared to be unfounded, as at the time the reporter left he could not @nd that any~ body had been injured. | Mr. Michael Kichels, one of the Asalatant was severely injured by the chimney ef the building Ne, 98 falling on him. He wax conveyed to his residence by | bis friends, A German, named Sebiglan, was also hart. | He was suffocated by the smoke, and it was some thme befyre he recovered, The aisrm of tre brought great numbers to the ground, as it was supposed at firat that the Bowery \ theatre was on fire. Thiy mistake was farther com- firmed by the peoullar nature of the fsmes which ha@ allthe appearance of being caused by the Inflamatle materials of a theatre ‘The Chief of Police was early on the ground, together with a strong chment of police, and were of great use in keoping off the crowd from the premises By half past one o'clock, the firemen had succeeded in subduing the flames aod many of the engines took | their depfiture, though the fire atill glared tfully, as if threatoning to break forth with renewed fury. It in impossible to tell how the explosion ortgieated, The gas moter is ia the rear of the store where the Ore Broke out, and it was doubtless owing to some miemam agement which caused the meter to explode. It te al- mont miraculous that the family ving overhesd escaped with their lives, The following are the buildings burned to the grOum@: | —No 100% —Lower floor Mr Robde's clothing store, and | Mr. Halladay, as a millinery store, $10,000—mot fully insured No Uh—Aaron Ghichester, lowe $6,000; fully insured | in Rutger i North Amorieao, belonged to T. A. Ue- derhill. Reed's deguerresa gallery, op stairs, loos ene known. No. 96—J, P. King, millinery No, 04,—Hyatt's carpet store. Lows 810,000. | Upper part occupled by Men. Sarah Brewer, | These lant two Lowses are bullt on the property of Was. | B, Astor 4, Charles Vow an ance, the whole block would be burned down, La Tate t, fancy store, aod We, Mr. Van Sisomon's ribbons store; building erably injured, and stock damaged by water. T. M1. Self, fur store; stock al maged. Insuredin Rut- gers Ineurance Co for $1 600 | The buildings in the rear were « somewhat Injured, ing them from the flames The Inte hour at whieh this going into further particulars. | 7 Obituary. Asotin Ocroorsamax Goxk.—Died on the 13th ia. wee Davin, Be ed 80 yours, & brother of Hon. Jueg longing to’ the , be rest in the it. ‘ron ncutiy ys the Toston Transcript, there | probably never dwelt in our community ose whe, throughout a long life. was s more general favorite. Ha the latest book, and beard the latest a kind and a» bie word te rernt, acd about everyone whe f life, having served ao apprention- , be actively engaged in busl- and, in connection with the late Uriah Cotting aad others, become « large proprietor of real estate, Vor are be w able trustee of the Boston Aibe- beum, aud a member of otbers of our mort aseful inetl- | tutions, Latterly, posseasing bel limited means, he baa Ain comparative retirement, but neither avement, or ge bad any power to abate bis m vivecity and ebeerfulors Mar. Davie wae one of the | three surviving original members of the Maseschusette | Mecbarlc Association i's connection with hat imati- ithe wellknown written prevents oa More to morrow. “ the wed by { the most beastiful tributes of friewdaklp tm 4m ailectinoate nod gratetul ac~ | inscribe this volume of my speeches Dasu Weeeren nerel leasc GO. Fantme, for the last quarter of e cem~ a prominent De the politician of Hunterdon, his residence in Viemington, NJ, om Friday last. nthe Inet twenty years be wan elevated Dow on wledgermmnt | te you, Dering hem of the Wy 7 af the county and Kepresentative im Congress from the Third Copgresstomal Listriet A Beetesce Extenpen at tar Eeqorer or Tam au ecovant C4 ~ wp peg the we of Correction ree would be better, end the ' | fi betes, 4 the on | — Nerjeth Herald, Jan. he } Court Calender—This Crop ae <a Cover tes. ais, 14, 14, 29," ik Coens Cincert—Pert let.—Mor. iano ae a tga ee Now, 2003, aed