Smyrna times., 1855-05-30
THE PR0HIBIToRY LAW.


eerned, the law has practically been in effect
for near month. We have been rid of many
of the evils resulting from the sale of liquor
which have for years pressed hard upon u.s.
All have seen the evils Of druhkeuness--many
thousands have felt them--and those who re- |
gard the sad effects it has wrought upon socie-
fy, do wish for its extermination, and viii assist
an driving it from the country. It is the duty
of every one to assist, as far as it is in his
power, the execution of the law. There are
many persons in the community, we are sorry
to say, who win evsde the law ii possible
Already we have heard of some who have been
selling liquor clandestinely. Persons who are
thus found guilty, will have to pay fine of $40
besides cost of prosecution, and in default of
payment vii! be imprisoned twenty days. All
intoxicated persons found in public places, shall,
on conviction, pay fine of not less than $40
nor more than $50; and the law makes it
the duty of officers to arrest such persons
under penalty of forfeiture of Office. AS it has
been some time, since we published the law,
and as many of its provisions have been forgot
ten, we here give synopsis, in order that it
may be kept fresh before the people:
The first section contains the following pro-
vision: Any one convicted of selling liquor
shall be fined $40, and in default of payment
shall be imprisoned twenty days. For the
second and every subsequent offence the fine is
$50, besides costs of prosecution. and imprison-
ment for not less than ten nor more than sixty
days. Liquor found in any tavern. store,
clearinghouse. oyster-house, or any place of
public entertainment or resort, will be taken as
srima facie and presumptive evidence that such
liquor is sold contrary to the provisions of this
act.
The second section provides against giving
or disposing of any intoxicating liquor to any
intoxicated person under the penalty of fine
of not less than $40 nor more than $50, and
imprisonment of not less than ten nor more
than sixty days.
The third section provides against keeping
Intoxicating liquor with the intent TO sell the
same, under penslty, for the first offence, o
$50. besides cost of prosecution, and imprison.
ment until the same be paid and for a second
offence the fine is $50, and the Imprisonment i,
not less than ten nor more than thirty days.
Section four provides that the Associate
Judge of the Superior Court may give to any
person who is qualified voter in the county o
which such Judge is resident, authority t.
manufacture and sell intoxicating liquor in ,
given place.
Section FIVE provides that person SO license,
shall sell liquors only for mechanical, chemica
and medicinal purposes, and pure wine for sa
cramental uses. The licenses granted shall no
exceed FIVE in the city of Wilmins ton, no
three in the other Hundreds of the State.
list Of sales is to be kept stating the names c
all purchasers, &c.
Section six provides that the person applyin
for license shall give security in the sum {
$500 that be will not, at any time during til
year. violate any Of the provisions of this ac
In case of conviction on information. one-ha
Of said amount is to 60 to the informer and tn
other half to the State.
Section seven provides that any person n
sorting 10 Misrepresentation in order to g,
liquor from those authorised to sell, shall q
conviction forfeit and pay fine of not less tina
$40 nor more than $40, and stand committe
until the same, with costs. is paid
Section eight provides that il any intoxic,
ted person shall be found in any public pIac
he shall on conviction pay fine of not LEI
than $40 nor more than $50, and be committe
until the same and costs are paid.
Section nine provides that the prosecution
may be heard before Justice of the Peace.-
But any person convicted may within FIVE da
thereafter appeal to the court of General Sc
slons. -.-
Section ten provides that it shall be the du
OF the sheriff. deputy sheriff and constable
arrest, without warrant, every person found
toxicated, and take him before Justice of d
Peace. And after becoming sober the justi
shall take down in writing how and from who
the liquor was procured. To case of refus
totesiify he shall be deemed guilty of contemy
and shall be fined not less than ten nor mo
than twenty dollars, and stand committed un
the same 10 paid
Section twelve provides that when a CO,
plant % .ald before a magistrate he shall pr
eeed.
Section thirteen provides that recognizan
taken by sheriff or justices TO secure the a
Pesrance Of any defendent to answer for a
offence under this act. shall not be sasisa
without appearance.
sertion Ii provides that all fines or forfeitul
ander this act. net otherwise appropriated. sh
be paid TO the Treasurer of the county VIII,
such conviction is laid.
Section 10 makes it the duty ofeyery just
OF the Peace and Sheriff In their respect
counties, whenever they shall have knowled
fhatan offence has been committed against
act to complain or cause complaint TO be ms
thereof. s..sas.
Section 10 declares that any public afi
who shall neglect or ref,,sa "a, v,.xfsr.~. . s.. 4