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violate the provisions of this act by trafficking in liquors contrary to the provisions of sections eleven, twenty-two, twenty-three, twenty-four, thirty or thirty-one, shall be guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine of not more than five hundred dollars or by imprisonment in a county jail or penitentiary for a term of not more than one year, or by both such fine and imprisonment, and shall forfeit the liquor tax certificate, and be deprived of all rights and privileges thereunder, and of any right to a rebate of any portion of the tax paid thereon, and such certificate shall be surrendered to the officer who issued it, or to his successor in office, who shall immediately forward the same to the state commissioner of excise for cancellation, and if the corporation, association, copartnership or person convicted be a pharmacist holding a license issued by the board of pharmacy, the said board of pharmacy shall, in addition to said penalties, immediately revoke said license, and no liquor tax certificate shall be issued to any corporation, association, copartnership or person to traffic in liquors at said store or place, under subdivision three of section eleven of this act for the term of one year from the date of said conviction; but this clause does not apply to violations of section thirty-one of this act, the punishment for which is provided in the first clause of this section.
3. If there shall be two convictions of clerks, agents, employes, or servants of a holder of a liquor tax certificate, for a violation of any provision of this act, the liquor tax certificate of the principal shall be forfeited, and the said principal shall be deprived of all rights and privileges thereunder, and of any right to any rebate of any portion of the tax paid thereon, and such certificate shall be surrendered to the officer who issued it or to his successor in office, who shall immediately forward the same to the state commissioner of excise for cancellation.
4. No liquor tax certificate shall be issued to any person convicted of a violation of the liquor tax law within five years from the date of such conviction, nor shall any such person have any interest therein, or become a surety on any bond, required under section eighteen of this act, during such period.
5. Any wilful violation by any person of any provision of this act, for which no punishment or penalty is otherwise provided, shall be a misdemeanor.
$ 25. Section thirty-five of said chapter is hereby amended so as to read as follows: $ 35. Jurisdiction of courts; reports of magistrates.
Subdivision 1. Except as otherwise provided by this act, all proceedings instituted for the punishment of any violations of the provisions of this act, the penalties for which are prescribed in subdivisions one, two, three or four of section thirty-four, shall be prosecuted by indictment by the grand jury of the county in which the crime was committed, and by trial in a court of record having jurisdiction for the trial of crimes of the grade of felony; except that a magistrate shall issue a warrant of arrest upon information and depositions and examine the case as now provided by law, but if it shall appear upon such examination that a crime, not triable by a court of special sessions has been committed, and that there is sufficient cause to believe that the person or persons charged with such crime is guilty thereof, such magistrate shall admit such person or persons to bail, in a sum not less than one thousand dollars, and in default of bail shall commit him or them to the sheriff of the county or if in the city of New York to the keeper of the city prison of the city of New York. A magistrate by whom any person charged with a violation of the provisions of the liquor tax law, shall be admitted to bail or committed to the sheriff or other proper officer of the county, upon such charge shall immediately notify the state commissioner of excise in writing of the fact of such arrest and the result of such examination, stating the name and residence of each person accused; the date when admitted to bail or committed; the name, residence and address of the complainant, and of each witness sworn in support of the charge in case a preliminary examination shall have been had, and shall at the same time transmit a duplicate copy of such report to the district attorney of the county.
Subdivision 2. Courts of special sessions shall have exclusive jurisdiction to try and determine, according to law, all complaints for violations of sections forty and forty-one of this act and also all violations of the liquor tax law defined by subdivision five of section thirty-four as a misdemeanor. Any person convicted in a court of special sessions for violation of any of the provisions of the liquor tax law, shall be punished according to the provisions of this act.
$ 35a. Jurisdiction of courts of special sessions in the city and county of New York.—After a person has been held to bail or committed to the keeper of the city prison by a magistrate, upon a complaint for a violation of any of the provisions of the liquor tax law in the city and county of New York, as provided in section thirty-one, all further and subsequent proceedings instituted for the purposes mentioned in section thirty-five of this act shall be prosecuted in the court of special sessions in and for said city and county in the manner prescribed by law for the trial of misdemeanors committed therein. Upon the conviction in such court of special sessions of any person charged with a violation of any of the provisions of the liquor tax law, judgment shall be pronounced by the said court pursuant to the provisions of this act, and all fines imposed shall be collected and paid over to the special deputy commissioner of the county to be apportioned and disposed of as provided by section thirteen.
§ 26. Section thirty-six of said chapter is hereby amended so as to read as follows:
§ 36. Collection of fines and penalties and forfeitures of bonds; reports of county clerks, — Upon conviction and sentence of any corporation, association or copartnership and upon the conviction and sentence of any person or persons whether as officer of a corporation or as member of a copartnership or as an individual, for a violation of the provisions of this act, the penalty for which is prescribed in sections twenty-eight, twenty-nine or thirty-four hereof, the court or officer imposing the sentence, or the clerk of the court if there be a clerk, shall forthwith make and file in the office of the clerk of the county in which such conviction shall have been had a certified statement of such conviction and sentence, and the clerk of said county shall immediately thereupon enter in the docket book, kept by said clerk for the docketing of judgments in said office, the account of the penalty or fine and costs imposed, as a judgment against the person or persons, corporation, association or copartnership so convicted or sentenced, and in favor of the state commissioner of excise, and said county clerk shall also enter in the docket of said judgment a brief statement setting forth the fact that said judgment is for a fine or penalty imposed for a violation of the “liquor tax law," and said county clerk shall immediately mail or deliver to the state commissioner of excise a duly certified transcript of said judgment. If the fine and costs imposed be paid into court, the said officer or clerk of the court shall at once pay the same to the county treasurer or special deputy commissioner of the county, who shall give his receipt therefor, and shall, at once notify the state commissioner of excise of the payment of such judgment, who shall thereupon execute a satisfaction thereof and forward the same to the said county treasurer or special deputy commissioner, to be delivered to the judgment debtor. If said judgment shall not be paid within five days after such conviction and sentence, the clerk of said county shall issue an execution against the property of such judgment debtor or debtors, against whom said judgment is docketed, directed to the sheriff of the county and at once deliver the said execution to the said sheriff, who shall forthwith proceed to collect the amount due on said judgment, together with his legal fees and costs, by levy and sale, in the manner now provided by law for the collection of executions against property, of any goods, chattels, furniture, fixtures, and leasehold interest, or other property of such judgment debtor or debtors, whenever found. Such levy shall take precedence over any and all liens, mortgages, conveyances, or incumbrances taken or had on such property, subse
quent to the docketing of said judgment in said clerk's office, and no property of said judgment debtor or debtors shall be exempt from such levy and sale. All
All moneys collected upon execution under the provisions of this section shall be paid by the officer collecting the same, less his legal fees and costs thereon, to such county treasurer or special deputy commissioner who shall apportion and account for the same as provided by this act. such judgment debtor or debtors shall have given the bond provided for in section eighteen of this act, the state commissioner of excise may forthwith proceed to collect from the sureties thereon the amount of such judgment, together with the costs of collection, by due process of law, and the issuing of an execution under the provisions of this act shall not be a condition precedent to the enforcement of the provisions and penalties of any bond given by such judgment debtor or debtors pursuant to the provisions of this act. At the end of each month, every county clerk shall make under his hand and official seal and forward to the state commissioner of excise a written report of all orders or judgments filed or entered in his office during such month, in favor of or against the state commissioner of excise, and also a report of all orders or judgments entered in said office in favor of or against any person illegally trafficking in liquor or the holder of a liquor tax certificate in any proceeding or action instituted or brought for the purpose of compelling the surrender and cancellation of a liquor tax certificate, or in favor of or against any county treasurer or special deputy commissioner on account of his having issued or transferred or refused to issue or transfer any liquor tax certificate. Such report shall contain the title of the action or proceeding in which each of said orders or judgments was obtained, the date of each order or judgment, also when filed and entered and also the substance or purport of such order or judgment; also all indietments for violations of the liquor tax law, and all judgments of conviction thereon. Such report shall state the date when each indictment was found, the name of the defendant, the time and place when and where the crime was committed, and the particular offense charged; and in case of a conviction shall state the name of the defendant, the date of the conviction, and the judgment pronounced thereon, and if the fine imposed shall have been paid in court a statement of that fact. All sealed indictments shall be included in the first report made by such county clerk after the defendant therein shall have been arrested or admitted to bail. Said county clerk shall also furnish a complete certified copy of any such order, indictment, judgment or record upon the request of the state commissioner of excise. The first report made under this section shall include and contain a statement of all orders, judgments, indictments and convictions, and the judgments
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pronounced thereon in said county, under the liquor tax law, filed or entered in said clerk's office from the twenty-third day of March, eighteen hundred and ninety-six, to and including the date of the said report. The fees or compensation of such clerk for making such report and for making and furnishing a certified copy of any such order, judgment, indictment or record, at the request of the state commissioner of excise, shall be a legal charge against the county in which the office of the said clerk is situated, and shall be audited and paid as are other lawful claims.
$ 27. Section thirty-seven of the said chapter is hereby amended so as to read as follows:
$ 37. Duties of public officers in relation to complaints and prosecutions under this act. - It shall be the duty of the special deputy commissioners and special agents and of every county treasurer, sheriff, deputy sheriff, police officer or constable, having notice or knowledge of any violation of the provisions of this act, to immediately notify the district attorney of the county in which such violation occurs, by a statement under oath of the fact of such violation, and it shall be the duty of such district attorney when complaint on oath is made of such violation, forthwith to cause the arrest and attend the examination personally or by an assistant, of each person so complained of, unless a term of court with a grand jury in attendance shall be appointed to be held in such county within ten days from the time of the receipt by the district attorney of such verified complaint, or unless such accused persons shall have been examined upon such charge and admitted to bail or committed thereon. It shall be the duty of the district attorney to prepare and present to the grand jury of the county all evidence tending to show a violation in each case within his knowledge, or reported to him pursuant to the provisions of this section, or reported to him by the verified complaint of any 'reputable citizen, except that said district attorney shall prosecute such violations as are specified in subdivision two of section thirty-five in the court of special sessions having jurisdiction thereof and the said district attorney shall prosecute any person violating any of the provisions of this act, and for each and every violation thereof. All officers authorized to make arrests in any city, town or village, and the special agents appointed under section ten of this act may in the performance of their duties enter upon any premises where the traffic in liquors is carried on or liquors are exposed for sale at any time when such premises are open, except that places occupied by membership corporations incorporated prior to the twenty-third day of March, eighteen hundred and ninety-six, which traffic in liquors solely with the members thereof, shall not be entered for inspection by any officer unless such entry and inspection is expressly authorized