Smyrna times., 1855-03-14

as above provided, shall, with two sufficient
sureties, become bound to the State of Delaware
in joint and several obligation, to 1be, with
the sureties therein approved by the Judge
granting the certificate, in the sum of five hun
dred dollars, conditioned that he will not atany
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 ofintoxicating
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. l.ua.|s la4ss..e. .... ..tH ID 4.,
Such certificate shall continue in force for
one year from the date thereof, and no longer,
but no person shall have or exercise any autho-
rity under any certificate until he shall have
lodged the said obligation in the Office of the
Pruthonotary of the county in which such per-
son resides, there to remain filed, and the appli-
cation and certificate in the Office of the Clerk
of the Peace. The said officer shall respec-
lively endorse thereon 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 md endorsement
shall be evidence in any proceedings under this
act The fee for recording shall be fifty cents.
Ii any person so authorized and bound shall
break the condition of such obligation, suit may
be thereupon 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 prOsecu-
ted TO Judgment and execution /; and in such ac-
tiOn, upon proof of the breach Of the condition
of such obligation in any respect, the whole
amount of the penalty or sum of money express
ed IN the said obligation, shall be assessed as
the damages Occasioned thereby and Judgment
shall be rendered therefore, and shall be one-half
for the person suing and the other half for the
use of the State. ,-. .s7.. 81. .f..sa , =
Sec. Z. If any person purchasing any intoxi-
eating liquor Of any one authorized to sell by
by virtue of section 5, of this act, shall inten-
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
shall, upon conviction as hereinafter provided,
forfeit and pay fine of not less than ten nor
more than twenty dollars, besides costs, and on
failure to pay such fines and cost, shall be COM
mltted not less than one day nor more than two
days, for every dollar of such fine unpaid.
Sec. s. Ii any intoxicated person be found in
any public place, or disturbing the public peace
and qxlet. he shall, upon conviction thereof, as
hereinafter provided, forfeit and pay fine of
not less than ten nor more than twenty dollars,
besides costs, and shall, on failure to pay such
fine aud cost, be committed not less than one
of such fine unpaid.
Sec g. Every prosecution under sections 7
, aud of this act, shall be heard and determined
4 by Justice of the Peace, but any person con-
victed may, within five days thereafter, appeal
from any final judgment rendered against him
n by any justice, to the Court of General Sessions
? of the Peace and Jail Delivery. Such person
appealing shall enter into recOgnizance with
. sufficient surety, in such sumas the Justice shal
determine, conditioned for his appearance at
said court, atthe next term thereof TO be holder
!. in tie county wherein said judgment was rem
"a dcred, TO answer TO the complaint whereOn saiC
n Judgment was rendered, and for his abiding the
d Judgment that may be rendered by the saiC
| court. s..... .et ..I
a The justice shall bind the witness for tn.
% State for their appearance to testify in al
appeal shall be taken; shall ansmt immedi
70 ately certified copy of his record 10 the clerl
!. of the peace of the country, who shall enter TIN
a. appeal, The attorney general shall, on sucl
appeal, appear for the State, and trial shall b.
N by jury. =. /" "s''" '.'
4. Sec. 10. If any person shall be found intoxi
a. Gated as above mentioned, in section 8, an
Il sheriff, deputy sheriff; or constable, may, with
q out warrant, and it is hereby made his duty L
N take such person into custody and take him be
m fore some justice of the peace, who shall Civ
ar him in charge to such officers to keep in som
safe and convenient place to be designated
re said justice until he become sufficiently sobe
and thereupon forthwith to take him before sal
justice, or If he cannot be found before som
n other Justice, and in either case such justc
shall, an the presence of the officer, examin
him upon oath or affirmation regarding the PEI
D.. son or persons from whom and the time, mar
no ner and place in which the liquor producin
ng his intexicatlon was procured, aud shall reduc
ce the substance thereof to writing, which sha
10. be signed by the witness. .,....f .f.. -.
far If upon such inquiry it shall APPEAR to ii
~ justice that an offence against any Of the prov
ne sons Of section 1, 2, OF 3, has been committe
.ru it shall be his duty TO issue warrant for Il
HE arrest of the offender, and to proceed as in 9TH
rIv cases of complaint. The justice, if in his OPT
or ion it is necessary, may either recognize Il
los witness for his appearance 10 testify at the hea
his ing, or may detain him, ..,as,7 ..I,
If such person shall refuse to be sworn.
ing affirmed, fairly and fully to answer any que
ali tion pertinent to such examination, he sha
ich unless reasonable cause be shown, be deem
,ci- guilty OF contempt, and shall be fined not ID
,ur- than ten nor more than twenty dollars, a
son stand committed until the same is paid. :
the1 No answer or testimony which any such p
, of son shall give on such examination, or at
ich. hearing before the justice, or on trial of
ime accused, shall be used in evidence against b
iur- in any proceeding whatever, except TOR peri,
/, hv in relation thereto.
aror Sec. IL. Whenever q complaint on oath
not f1irmation In wiring which comnlatnt 81
cost state the facts or circumstances upon wh
lerk his belief is founded, shall be made before
aes' Justice of the Peace, by any person, thathei
Pc just cause to believe, and does he believe, :
yeai any offence has been committed against
~ act and that some other person or persons nal
a.'i. by him, has or have knowledge of the conn
asi'' sion Of such offence, such Justice, if he thi
PUT there Is probable cause to believe that such
cunt, ar persons has or have ,,a ,haraof :
and forthwith issue su,amons e. s,ah ~,
.nan !. persons, commanding him, her or them, 10
:1. or raaar hafnra him Aau