Blue hens chicken & Delaware Democratic Whig. [volume] (Wilmington, Del.) 1845-1848, 1847-03-05
AN ACT

authorizing The people 10 decide ballot, tDhether
the License 10 retail Intoxicating liquors shall
be permitted among them,
@ ECTION !. Be IL enacted by The Senate
Cand House Of Representatives Of The State Of
Det,cGre in General assembly mel, That on the
first Tuesday in April, Ammo pomini, one thou
sand eight hundred and forty seven, the citi-
zens of the several Counties in this State, shall
decide by their votes, whether or not the re-
failing of intoxicating liquors shall be permit
ted insaid Counties,
SECTION Q. And be IL further enacied, That
the inspectors and Judges Of the last genera
election in the several Hundreds or the re-
speciive Counties aforesaid, on the day speci-
fed in the first Section Of ihis Act at the place
or places of holding the last general election.
shall proceed at the time Of day and in the man
ner provided by law for holding such general
elections in this State, to receive ballots of the
electors qualified to vote in their respective
, Hundreds for Hundred or County Officers, on
which ballots shall be written or printed, the
word 80 License OF the words " No License"
and deposie the same in box provided for
that purpose; and at the close Of said election,
the votes so deposited, shall be counted, and
an accurate return Of the same shall be made to
the Clerk of the Court Of General Sessions of
the Peace and Gaol Delivery of each of the
said Counties, to be by him laid before the
Il Judges OF Sdlu OOuIls on int niSt udJ VI Wc
Court after such election shall be held. II any
of the Judges of the last General Election shall
not be present at the place Of election, in any
Hundred at nine o'clock in the forenoon OF the
: day of said election, the Inspector Of such Hun
dred shall appoint another or others and " any
a Inspector shall not be present, at the time and
place aforesaid, the electors shall proceed forth
with to choose an inspector. as provided in
/, section four Of the /" Act regulating the Gem
\ enl Election.
/ All The provisions of law for asceriaining the
qualifications of electors at Hundred or County
elections, and to punish false swearing and
fraudulent voting tlereat, and in relation to the
-. fees of the Officers of such election, shall be
Applicable to elections or proceedings under
b. this Act,
g SECTION 3. find be IL further enaeied, That
lie at such elections there shall be a majority Of
= votes for "No License" in any or all the said
Counties. it shall not, at any time thereafter, be
lawful for any person or persons TO retail in
+ toxcating or spirtuous liquors or wines, with
: in the said County or Counties which shall SO
= determine and it shall not be lawful fer the
q said g Court of General Sessions of the Peace
k and Gaol Delivery" to recommend for licenses,
y any person or persons to keep an Inn, Tavern
3 or Store, for the sale of intoxicating liquors
If within said County or Counties so determining
s. and the retailing of intoxicating liquors within
d said County or Counties so determining, lex
,r cept as hereinafter provided) is hereby declared
h TO be nuisance, and is hereby prohibited, until
ir such decisions Of the majority Of votes shall
have been reversed as hereinafter provided
The selling, exchanging, bartering, disposing
of, or delivering in any way, directly or lndi'
rcciy, and for any consideration OF pront o.
. advantage, of any intoxicating liquor; by any
measure or quantity whatever (unless tho SAINT
H. IN, tIa
basket, or package wherein 1t was imported
and exclusively thus sold,) shall be within
the prohibitions and provisions of this Act
Provided always, that spirtuous and vinou
liquous for medicinal and sacramental purposes
and to be used in the arts, may be sold ~ tn
manner hereinafter provided,
SEcrIon 4. and be IL further enacted, rha
if any or ali of said Counties, by majority q
votes, poled as aforesaid shall decide agains
the retailing of intoxicating liquors, it shall b
the duty of the Judges Of the " Court Of Gene
raj Sessions of the Peace and Gao Delivery
of any or all of said Counties so deciding
=. license competent number Of persons a
keepers ur Temperance iiuuses 80 the Puoii
accommodation, without authority to retail IN
or. toxcatinp or spiriuous liquors or wines, upo
ri the same terms and conditions that inns, store
ITO and tayerns are now licensed, except that 70
on such licenses. shall be charged one half the sun
re- now CHARGED for licenses for the sale of intox
he eating liquors; and also Upon the recommenda
ton Of twelve judicious citizens of any Hun
ID dred in any County or Counties so deciding, I
md icenee a sufficient number of persons, the sam
la being store-keepers, physicians or apothecaries
to sell spiritunus and yipous liquors for med
lis cinal and sacramental purposes, and to be use
in the arts, but for no other purPose-whais'
ever,
Every person so licensed shall he sworn c
4, affirmed 10 execute this Act in good faith, an
~ not at any time to cvade, or assist others i
~, evading its provisions; ard such person sha
~, also rive bond to the State, with surety to
' approved by the Court in the penalty of on
hundred dollars, conditioned, in substance,
- be void if he shall at all times conform to an
abide by the provisions of this Act, Sue
iu' bonds shall be taken and filed in the said Cour
Ia and shall be not only for the benefit of the Stat
va but also FOR the use Of any person or corpoaiio
ri that will sue for and recover upon any breac
an of the condition thereof. Suits may be brougt
' ~, and breaches assigned upon any such bont
~ and proceedings had as is provided in the " Az
'nc regulating proceedings upon public recognizal
s's ces and bonds and upon speciatles containin
~ penal sum; and any judgment recovered upo
- any such bond shall be one half for the use
the person or corporation suing the same, an
. the other half for the use of the School Fund I
the County, wherein such judgment shall
cen recovered,
& The fee 10 the Clerk of the Peace for issuin
mi. a license, end drawing, taking and filing Il
the bond shall be two dollars, to be paid by Il
Oh person licensed.
''e SECTION S. And be II further enaeied, Tn
whenever a decision shall have been made b
the electors of said County or Counties,
- hereinafter provided, and whenever one-four
as many legal voters of either of said Counti'
as shall have voted at the last preceding Gle
-. ton, shall, in writing, request the Levy Con
s Nv Of such County,to present the question of "
n cense" or " No License" again to the elector
"'' said Levy Court shall at least four weeks pr
yious to such election, notify the electors |
public notice, posted in at least three conspic
he Gus places in each Hundred, and PUBLISH
nay once week in each newspaper in the Count
lbe if there are any published, that the said que
rls, ton will be again presented for their decision
and the same shall be again decided on =
L next succeeding first Tuesday in April, and
- the manner provided for in the first and secol
sections of this Act.