Smyrna times., 1855-03-14
tito 4iq.lll:lolttr' ! :lt lt'4 4ap 4:I!ll
An Act ortthe Suppression of Intem'
nerance.

Bed aiaetedi By the Senate and House of Re-
preseatatiUes of the State of Delaware, iR
81 General Assembly met ;3sI> EtfT-fI
% Section 4 No person shall sell by himself,
his servant or agent, or as the servant or agent
of asethex, directly or indirectly, any inioxica-
ting liquor, except as hereinafter provided sa
"a Every person who shall in violation of this
'act sell any such liquor, shall be deemed guilty
of q misdemeanor, and SHALL &pon conviction
shereef by indictment, forfeit and pay for the
first offence. a fine of twenty dollars besides
costs of prosecution, and in default of payment
shall be imprisoned twenty days. and for the
second and every subsequent offence, shall for
ssit and pay a 6ns of fifty dollars, besides costs,
and be imprisoned not less than ten nor more
Ehan sixty days. l3 ~ asll s'A2a u q
In any prosecution for a violation of this sec.
sion. proof of the disposal of any, such liquor,
by any person being the keeper of or interested
an any tavern, store, boarding house, eating
Aouse, oyster house, or other place of public
entertainment, or resort, or by any person in
his behalf, shall he deemed and taken as prima
facie and presumptiye evidence that such liquor
was sold contrary to the provisions of this act
1 Sec. 2. No person shall wlfully give, or in any
wise dispose ofany intox lcating liquor to any in
tOxicated person, or person of known incorporate
habits, for use, beverage. Every person who
shall violate any PROVISION OF this section, shall
bedeemedguiltyO Ofa misdemeanOr, and upon con-
yiction thereof by indictment, shall for every
offence, forfeit and pay fine of not less than
ten nor more than fifty dollars besides costs.
- Sec. 3. No person shall own or keep any in
toxcatng liquor with intent to sell the same or
permit the same to be sold in violation of this
act Every person who shall own or keep such
liquor with any sach intent, shall be deemed
guilty of a mlsdemeanor, and shall upon con-
viction thereof by indictment, forfeit and pay
for the first offence, a fine of twenty dollars,
Besides costs Of prosecution, and stand commit
eduntii such tiue aud costs be paid, aud for a
second or other subsequent offence, shall forfeit
aud pay fine of fifty dollars besides costs, and
be imprisoned not less than ten nor more than
thirty days. .....--.,..s., f.... .f.,.4-
M any prosecution for violation of this Sec
tiOn, proof of the possession of such liquor by
the sccased in any tavern, store, eating house,
oyster house, or other place of public entertain
Iaeht or resort, or in any depenpehcy thereof
ar on premises belonging thereto, except only
in asprigate dwelling house, shall be AIKEN and
acted on as presumptiVe and prima facie eyi-
-deIce that such lqnor was kept for sale con.
rary to the prov lsl0Ds of this act ...a. ....a
Sec. 4. The Associate Judge of the Superior
Court may, by his certificate, give to any person
who is quahfied voter of the county in which
such Judge resides, applying in writing there
lar, authority TO sell intoxicating liquor manu-.
tzetured by himself from fruit or grain, being
the growth of land in this State, owned or oc
cupled by him, in any quantity, to such person
Oaly as shall be duly authorized TO sell the sam'
under the provisions of seeti0n 5 of this act
Every uther sale By any manufacturer shall b,
considered an unlawful sale, within the mean
ing Of this act, and. any act which would b
Gleemedand construed sale under this act whe
dune by any other person, shall be deemed an,
~oustrued 10 be sale when done by such manu-
facturer. The application must specify, an
the certificate designate the place where th
liquor is TO be manufactured and sold. I, ,
Sec. .. Any, person who is a voter ia tb
hundred an which he intends to sell iHtOxiGa
ting liquors may apply in writing to the Asse
cate Judge, resident in the same county, for
certificate authorizlng hun TO purchase and Sc
such liquors for mechanical, chemical and med
eiHal purposes only, and pure wine Tor sacr'
Anental use. Such application shall set fort
she hundred and particularly describe. the pre-
m:ses aud place in which he intends to Sc
such liquor, and any certificate granted, sha
a,ithorise him to sell such at such place and f
such purpose only, ,.. bsssssa. .,sf.ssl--.4 =
OF the persons so applying, the said Judg
may designate and grant such certificate TO al
number. not exceeding three, in a8y one hui
Ared, and not exceeding five in the city of WI
mington. .sTSaHk6 g8G-sukb
No person who uses intoxicating liquor, as
beverage, shall be entitled TO receive such ce
aifcxte, nor any person who is at the time Il
Keeper Of, or interested in any tavern, boardiI
house, eating house, oyster house or other pla
OF public entertainment, recreation or anus
znent, and If, at any time during the term
which the said certificate shall have beeng
Il Il m
come the keeper OF. or interested in any tave
ex other house or place as above mentioned, [
said certificate shall become and be uttei
void, and shall thenceforth furnish no excuse
justification TO such person IN any proceedin
fora yiolution of any of the provisions Of 4
Every person. authorized to sell intoxieati
under the provisions of this section, sh
book of purchases and sales in VIII
-, .an enter separate accounts thereof, spe
flying the kind, quantity, and cost Of each p
Chase made by him, the name Of the per-
from whom each purchase was made, and
date thcreof-the kind, quantity and price
each sale made by hun, the purpose for viii
the name of the person to whom, aud the Il
wlsesl sold which book shall, at all times d
ing business hours, be open to exanination
any Judge, Justice of the Peace oriSrand ~
of the county, He shall sell such liquor al
Iuore than fifty ger cent. advance upon the
lbexeof, and shall file, in the Office Of the G.
of the Peace of the county in which he resi-
not less than ten. nor more than fifteen days
fore the sxpisation of each quarter of the
tor which his certi6cate is valid, on aceoul
psch purchases and sales made BY him, cont
ing kind, quantity and price verified BY and
that the same is correct account OF the
chzses and sales made by him during the cur
quarter, and since the fling Of the last accs
according to. his knowledge, Information
belief H any person shall sell f'r more
ffty per cent. advance, as shove nlentione
shall omit TO file such account, fot the spa'
tsasdsys after the time above ilmiied, ms
fcsse shalI tllereupon become void. ts
~ stas sf"'F