Smyrna times., 1855-02-21
prebibitorp 4iqapr 8al
IA N CT
Fer the Suppression Of Intemperance

Nc u onitCleu Dy thc oehdte anu AAOusS " ~e
representatives. of the State of Delaware In
General Assembly met: .....
SEQ. Mo person shall manufacture or sell
by himself, his servant, or agent, or as the SER
want or agent of another, directly or indirectly,
any Intoxicating liquor, except as hereinafter
provided. Every person who shall. in violation
of this act, manufacture any such liquor, shall
be deemed guilty of misdemeanor, and upon
conviction thereof, by indictment, shall forfeit
and pay for the first offence fine of one hum
dred dollars, together with the costs of prosecu-
ton, and in default of payment, shall be im-
prisoned sixty days; and for the second and
every subsequent offence shall forfeit and pay
fine of two hundred dollars and be imprisoned
four months. Every person who shall, in vio-
lation of this act, sell any such liquor, shall be
deemed guilty of misdemeanor. and shall, upon
conviction thereof, by indictment, forfeit and
paw. for the first offence, a fine of twenty dol
lars besides costs of prosecution, and in default
of psssusent shall be imprisoned twenty days,
and for che second and every subsequent offence
shall forfeit and pay fine Of fifty dollars be-
sides costs, and be Imprisoned not less than ten
nor more than sixty days.
Sec , No person shall willully give, or in
anywise dispose of any Intoxicating liquor to
any free negro or mulatto, or to any intoxicated
person, or person of known Incorporate habits,
for use as a beverage. Every person who shall
violate any provision OF this section shall be
deemed guilty of misdemeanor, and upon con-
viction thereof, by indictment, shall, for every
such offence, forfeit and pay fine of not less
than ten nor more than fifty dollars, besides
costs, and be imprisoned not less than ten nor
urOrc tEan sixty days.
Sec. 3. No person shall own or keep any
intoxicating liquor with intent to sell the same,
or permit the sIme to be sold Ill violation OF this
act Every person who shall own or keep such
llquor with any such intent, shall be deemed
guilty of misdemeanor, and shall, upon con-
VIetlon thereof, by indictment, forfeit and pay
for the first offence fine of twenty dollars, be-
sides costs of prosecution, and stand committed
until such fne and costs be paid, end for Sc
cond or other subsequent offence, shall forfeit
and pay a fine of fifty dollars besides costs
aud be imprisoned not less than len nor more
ttan thirty days In any prosecution tor Tlo
Iation of this section, proof of the possession @
.uch liquor BY the accused in any place exceP
his private dwelling house or ITS dependencies
(,,r in such dwelling house or Its dependencie
ii the same or any part thereof be tavern
xrore. eating house, oyster house, or othst plac
n public entertainment or resorD or whhe
actual transportation from one place to anotnel
ar stored in warehouse or other appropriat
nj tce prior 10 reaching the place of It's destlna
ton. shall be taken and acted on as preSumptlV
,d prima face evidence that such liquor wa
kept for sale contrary to the provisions OF I'll
act. s.;,
Soc. A. The Associate Judge ofthe SuperlC
Court may, by his certificate, give to any pc
son who is qualified voter OF the county
in which such Judge is resident antnorl'
s,,,,nufaeture at such place only, within sa
.',,,r,tv AZ such person shall, by his applicatio
;niwritine, particularly specify, and such cert
6c.te shall designate, intoxicating liquors AT
,o sell the same in such place only, In al
au.ntity to such persons only as shall oe ou
s,FI,orized TO sell the saIne under the provision
,,f section ) Of this act.
Soc. 3. Any person who is voter IN u
hundred in which he intends TO sell Intoxlcatli
Iai,sors, may apply in writing to the Assocla
I,,Ise, resident 10 the same county, ior ce''l
tie authOrising him to purchase ana sell SUI
Ir.ors for mechanical, chemical and medlclf
,,,is,s,ses otiy, and pure wine for sacrament
i,~e Such application shall set forth the hu
drad and uarticularly describe the premises
,I.r. IN which he intends TO sell such liqu'
and any certificate granted shall autilorIse u
to sell such liquor at such place and ior gu
n,,,,,oses only OF the persons so applying, I
aid Judge may designate and grant such Ger
ficate to any number not exceeding three III
.,ns. Hundred and not exceeding hve III the C
ofwilnington. No person who uses l!boxi
,;.gaii0uor as a beverage shall be entitled
receive such certificate, nor any person VINO
a. tI,nitune Keeper Of, or Interested IN any u
,,a1 harding house, eating house, oyster ho'
ar other place Of public entertainment, TecF
-a,,,io ar amuseHicnt, and II, at any time duri
SC, ear which the said certificate sh
~ ha.o GRANTED. such person shall so
.h,t;cuorl Or become the keeper OF, or lh'
"a in mny tavern or other house or pace
ave mentioned, the said certlhcate shai.
as,e and be utterly void, ana shai Iil.hoeio n, CIV
6rpish no excuse or Jastlhcat'oh 70 sucn pc g
:, .,,y proceedings, for a violation OF any OF
..s;s;,,,s az Ibis act Every person authorl
81, sntoxicating liquor under the proVisl
70 -. .sa.s.sr.;ont shall keep a book Of purcha
W -, in which he shall enter sePerate
anu as,s,,,eyeof specifying The kind, quantity
coah's - -, ,,rchase made of the person, ]
cosi - n ta,rcliase was made, and the
Sho,a .s S,ba5 hind, quantity and price OF e
uass s,sae bvl lilina--the purchase fof wnich.
.,. af the person to whotb' anu sne T..
LID which book shall az a y li.i'os -, ~
,.%,.ess hours be open 70 eNa a."a IA Ir,,yt
Ja5gs ,sstisi ne e s1siI i%i eli such liquor &
ths county. : : p'..s- ~ ..nt advance upon the
!, more 'ea IA sball file in the ofhce OF the
thereof, anu 81 tbe county in which he resi-
II -. ,ban ten nor more than nlteee te y a aoy
e. a.. axniration of each quarter VI .As
G uh;sh HI. certificate Is yallo' az a''eou
\. s..h narch. ses and sales made BY nun, cpn'
ING kind, quantity and price, serlnea ouO, y e
vii. that Ghc sar2e isp correc' a'SS "