Smyrna times., 1855-02-21

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more than fifty per cent advance, as above
mentioned, or shall omit TO file such account for
| the space of ten days after the time above linz
tied, his certificate shall thereupon become void.
| Sec. g. Every person to whom any certifi-
cate shall be granted to manufacture or sell in
toxicating liquor above provided, shall, with
two sufficient suretes, become bound to the |
State of Delaware i'll joint and several obli-
CATION, to be, with the sureties therein, approv-
ed by the Judge granting the certificate, in the |
sum of five hundred dollars, conditioned that |
he will not, at any time during the year next
following the date of his said certificate violate,
in any manner any provision of this act, or any
law of this State touching the manufacture or
sale of intoxicating liquors. Such obligation !
and condition shall not be understood to extend
to the making the entries or filing the account
provided for in the last section. Such certif-
cate shall continue in force for one year from
the date thereof, and no longer, but no person
shall have or exercise any authority under any
obligation until he shall have lodged the said
obligation in the office of the ProthOnotary of
the County in which such person resides, there
to remain filed, and the application and certii-
cate in the Office of. the clerk of the peace
The said officer shall respectively endorse there
on the date on which they were received, and
the said clerk shall file the application and record
the certificate in book for that purpose
which record and endorsement shall be evi-
) dence in any proceeding under this act. The
: fee for recording shall be fifty cents. If any
person so authorized and bound shall break the
condition of such obligation, suit may be there
upon instituted on the said obligation by any
person who will sue, in the name of the State
of Delaware, for the use of the said State and
} the person so suing, and may be prosecuted to
| Judgment and execution, and in such action,
upon proof of the breach of the condition of
; such obligation in any respect, the whole amount
OF the penalty or sum of money expressed in
the said obligation shall be assessed as the dam
ages Occasioned thereby, and judgment shall be
y rendered therefor, and shall be one-half for the
use of the person suing and the other half for
the use of the State.
Sec. T. If any person, purchasing any in
+ toyicatng liquor of any one authorised to sell
by virtue OF section D, Of this act, shall inter-
: tionally make to the seller any false statement
regarding the use to which such liquor is in
: tended to be applied, such person so offending
h shall. upon conviction as hereinafter provided,
i forfeit and pay fine of not less than ten nor
more than twenty dollars, besides costs, and be
y tconmitted until such fine and costs are paid.
: Sec. 8. If any intoxicated person be found in
4 any public place, disturbing the public peace
). and quiet, he SHALL upon conviction thereof as
i hereinafter provided, forfeit ard pay a fine OF
:. not less than ten nor more than twenty dollars,
% besides costs, and shall stand committed until
n such fine and costs are paid.
&c Sec. g. Every prosecution under sections
n and of this act, shall be heard and determined
: by Justice of the peace, but any person con-
IS victed may, within five days thereafter, appeal
n. from any final Judgment rendered against him
% by any Justice, TO the court of general sessions
in of the peace and Jail delivery. Such person
r. appealing shall enter into recognizance will
20 sufficient surety in such sum as the Justice sha
a. determine, conditioned for his appearance
10 the said court Cf the next term thereof to bt
nc holden in the county wherein said iudgmen
i. was rendered, and for his abiding the judgmen
that may be rendered by the said court The
or justices shall bind the witnesses for the STATE
for their appearance to testify in case an appea
in shall be taken; shall transmit Immediately
tv certified copy of his record to the clerk of tn,
"A peace of the county, who shall enter the appeal
an The attorney general shall, on such appeal, p
~ pear for the State, and the trial shall be b.
nd jury.
nv Sec. 10. If any person shall be found in
~ toxicated above mentioned in section 8, an
ms sheriff, deputy sheriff. or constable, may, with
out warrant, and it is hereby made his duty t
be take such person into custody and take him be
nc fore some instice of the peace, who shall Civ
nc him in charge to such officer, to keep in som
H.
,ch said Justice, until he become Sufficiently sobe
nal and thereupon forthwith to aks him before Sal
sol Justice OF II he cannot be found, before som
nm other Justice, and, in either case, such justiC
md shall, in the presence OF the othcer, examIn
,or him, upon oath or affirmation, regarding til
I'm person or persons from whom, and the tim
,cL manner and place in which the liquor producm
the MS lntoxcaton, was procureu' anu slaii 'euu'
r1;- the substance thereof to writing, which sha
- Al IL.
,;, auiry, it shall appear to the justice that an
cn. offence against any of the provisions of sectit
70 l, 9, or 8, has been committed, it shall be h
!, = duty to issue a warrant for the arrest of Il
offender, and to proceed in other cases of COZ
,,ye plant. The Justice, i in his opinion, it is
,ea. cessary, may either recognize the witness 4
,, his appearance to testify at the hearing, ormi
bafil detain him. If such person shall refuse to
nse sworn or affirmed, fairly and fully to answ
tor. any quezsiOn pertinent TO such examination,
as shall, unless reasonable cause be shown,
he. deemed guilty of contempt, and shall be I'm
,r,b not less than ten nor moro than twenty dolla
49,, and stand committed until the same is paid.
tHa No answer or testimony which any such pers
;saa shall give On such examination or ut the he;
- ing before the Justice, or on the trial OF
ases accused, shall be used in evidence against b
! - in any proceeding whatever, except for PERU
and in relation thereto. .9 ,eafgo9ni eaa as,
from Sec. IL. Whenever complaint on oath
date affirmation, in writing, which complaint sll
each state the facts and circumstances upon VIII
the his belief is founded, shall be made before 3
time Justice of the peace, by any person, that he
ring just cause to believe, and does believe, that
any offence has been committed against this I
or Of and that some other person or persons nan
not by him has or have knowledge Of the conn
cost sion of such offence, such Justice, il he thi
,lerk there is probable cause TO believe that s.
ides, offence has been committed, and that such
s be- son or persons has or have knowledge ther
year shall forthwith issue a summonsfor such per
Mt of or persons, commanding him, her or them
tain appear before him, on day not more than
flida- days thereafter, to testify IN relation Ito
z the eompla int This summons may be Sc ryed