Art. 2 Liquor Traffic, Taxation, Regulation; Local Option. §§ 38, 39 § 38. 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 this chapter in the city and county of New York, as provided in section thirty, all further and subsequent proceedings instituted for the purposes mentioned in section thirty-seven of this chapter 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 this chapter, judgment shall be pronounced by the said court pursuant to the provisions of this chapter, 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 ten. Formerly L. 1896, ch. 112, § 35-a, as added by L. 1897, ch. 312, § 25. § 39. Collection of fines and penalties and forfeitures of bonds; reports of county clerks. Upon conviction of any person, whether as officer of a corporation or as member of a copartnership, or as an individual, for keeping a disorderly house, in violation of section eleven hundred and fortysix of the penal law, or in violation of any municipal ordinance prescribing the same or any similar offense, and upon conviction of any such person for any offense prescribed in article eighty-eight or one hundred thirty of the penal law, or for the same or any similar offense prescribed in any municipal ordinance, and upon conviction of any such person for any felony whatsoever, the court or officer before whom such conviction shall have been had, 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 the sentence, if any, to be reported to the state commissioner of excise by said county clerk, as hereinafter provided in the case of convictions for violations of this chapter. Upon conviction of any person whether as officer of a corporation or as member of a copartnership or as an individual, for a violation of the provisions of this chapter, the penalty for which is prescribed in section twentyseven, twenty-eight or thirty-six hereof, the court or officer before whom such conviction shall have been had, 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 con $ 39 Liquor Traffic, Taxation, Regulation; Local Option. Art. 2 viction and the sentence, if any; 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 amount of the penalty or fine imposed, as a judgment against the person 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 imposed be paid into court or to any officer, 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 or borough, 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, wherever found. Such levy shall take precedence over any and all liens, mortgages, conveyances or incumbrances taken or had on such property, subsequent 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 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 chapter. In case such judgment debtor or debtors shall have given the bond provided for in section sixteen of this chapter, 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 Art. 2 Liquor Traffic, Taxation, Regulation; Local Option. § 39 chapter 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 chapter. 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 indictments for violations of this chapter, and all judgments of convictions 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 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, and any other fees which said clerk or the sheriff of any county would be by law entitled to receive from the state commissioner of excise shall be legal charges against the county in which the office of the said clerk or sheriff is situated, and shall be audited and paid as are other lawful claims. Formerly L. 1896, ch. 112, § 36, as am'd by L. 1897, ch. 312, § 26; L. 1903, ch. 486, § 16; L. 1905, ch. 680, § 5, and L. 1908, ch. 350, $18. § 40 Liquor Traffic, Taxation, Regulation; Local Option. Art. 2 § 40. Duties of public officers in relation to complaints and prosecutions under this chapter. It shall be the duty of every sheriff, deputy sheriff, police officer or constable, having notice or knowledge of any violation of the provisions of this chapter, to immediately notify the district attorney of the county in which such violation occurs, by a statement under oath of the facts 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 thirtyseven 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 chapter and for each and every violation thereof. Within five days after the discharge of any grand jury, the district attorney shall file in the office of the clerk of the county a certified statement giving the name and residence of each person charged with a violation of this chapter, which charge shall have been investigated and dismissed by such grand jury, and also giving the name and residence of each witness examined in the investigation of each such charge. All officers authorized to make arrests in any city, town or village, and the special agents appointed under section seven of this chapter 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 and directed by the state commissioner of excise by written instructions. Formerly L. 1896. ch. 112, § 37, as am'd by L. 1897, ch. 312, § 27; L. 1900, ch. 367, § 12, and L. 1903, ch. 486, § 17. Art. 2 Liquor Traffic, Taxation, Regulation; Local Option. §§ 41-43 § 41. Penalties for neglect of public officers to perform their duty under this chapter. Any officer who shall neglect or refuse to perform his duty under the provisions of this chapter, shall be liable to a penalty of five hundred dollars for each and every offense, and if such officer be a county treasurer or district attorney, he shall be removed from office by the governor after hearing and determination thereon and decision that such neglect or refusal has occurred. Any citizen may prefer charges to the governor under this section. Formerly L. 1896, ch. 112, § 38. § 42. Recovery of damages in a civil action. A recovery may be had in a civil action of the damages suffered by reason of the intoxication of any person, from any corporation, association, copartnership or person who shall by selling or giving away liquors have caused such intoxication, if the person or one of the persons suffering such damage shall, previous to such selling or giving away, have given written notice to such corporation, association, copartnership or person, or to their agents or employees, or to the person so selling or giving away, forbidding such selling or giving away liquors to the person whose intoxication shall have caused such damage; or such damage may be recovered from any corporation, association, copartnership or person owning or renting or permitting the occupation of any building or premises where such selling or giving away of liquors shall have occurred, jointly with the corporation, association, copartnership or person selling or giving away, or severally when the notice herein provided for shall have been given to such owners or their authorized agents, and not otherwise. Formerly L. 1896, ch. 112, § 39. § 43. Penalties; actions to recover. Any corporation, association, copartnership or person who shall traffic in liquor contrary to the provisions of this chapter or who shall make a false statement upon application for a liquor tax certificate, or upon application for the transfer or surrender and cancellation thereof, or who shall violate any of the provisions of sections eight, ten, nineteen, twenty, twenty-one, twenty-three, twentyfour, twenty-five, twenty-six, twenty-seven, twenty-eight, twentynine, thirty, thirty-four, thirty-seven, thirty-nine, or forty of said chapter, in addition to the punishment and penalties in this chapter otherwise imposed and provided, shall be liable to a penalty of fifty dollars for each and every violation, to be recovered by the state commissioner of excise in an action brought in his name as such commissioner, in any court of record in any county |