Delaware weekly Republican. [volume] (Wilmington, Del.) 1841-188?, 1857-04-02
BY AUTHORITY.
An Act Regulating the Sale of Intoxi-

l. No person shall, by himself, his servant ol
agent, directly, or indirectly, sell any Intoxicating
| liquors, except as hereinafter provided
O. Any free white citizen of this State, who Il
Of the age Of twenty-one years or upwards, and IL
licensed retailer of goods, wares and merchan-
disc and the aggregate cost value Of whose stock
hand Is not less than three hundred dollars, may
apply TO tho Clerk OF the Peace of the county in
which he may reside, for license, to sell intoxioat.
ing liquors. in quantities not less than quart; and
upon the applicant for such license paying to the said
Clerk Of the Peace fee Of twenty dollars, for the
use Of tho State, II shall be the duty Of the said
Clerk Of the Peace TO issue license, under biz
hand and the seal Of the Court, to such retailer Of
goods, and merchandise, any such retailer oi
| geeds, wares and merchandise, procuring such IL
cense Aforesaid shall havo full power and author.
ty thereby TO sell intoxicating liquors, Of all kinds
and descriptions, In any quantity not less than a
quart, sui joct, however, to the provisions hereafter
mentioned. ANY license issued under this section,
shall bo separate and special license for that par.
ticuar privilege and no other and shall state that
the fee Of twenty dollars is paid and that the ap-
plicant therefor Is licensed retailer Ct goods,
wares, and merchandise, the aggregate cost value
OF whose stock on hand Is not less than three hun
dred dollars The license shall authorize the sell,
ing Of intoxicating liquors only at place aud
| only for one year from the day on which it was
issued. The Clerk of the Peace shall require any
applicant for such license as aforesaid to make an
cath affirmation that be Is licensed retailer of
goods, wares and merchandise, and that the aggre-
gate cost value of bis stock hand Is not less than
three hundred dollarsi and any one making false
to all the pains and penalties of wilful and corrupt
perjury. The fee to the Clerk of the Peace fer Is
suing such license as aforesaid shall be one dollar,
to be paid by The applicant therefor.
3. Any free white citizen OF this state, who Is
OF the age Oftwenty one years Or upwards, who may
desire to sell intoxicating liquors exclusive of any
other goods, wares and merchandise, may apply to
the Clerk Of the Peace of the County in which he
may reside for license to sell the same, and upon
the applicant for such license paying to the said
Clerk Of the Peace fee Of fifty dollars fer the
Of the State, 1t shall be the duty Of the said Clerk
Of the Peace to issue license, under his hand and
the seal Of the Court, for the sale Of intoxicating
liquors to such applicant, who may desire to sell
the same exclusive OF any other goods, wares and
uerchandise The person procuring such license, as
last aforesaid shall have full power and authority
thereby to sell Intoxicating liquors, Of all kinds and
descriptions In any quantity not less than quart,
subject, however, to the provisions hereafter men-
toned The license issued under this section shall
be special license, for that particular privilege,
and other, and shall state that the fac ef fifty
dollars is paid and that the applicant thereler de
sires to sell Intoxicating liquors exclusive Of any
other goods, wares and merchandise, ant shall au-
thoriEe the selling Of Intoxicating liquors only at
ore place, and only for one year from the day
on which IL was Issued The fee to the Clerk Of
the Pence for issuing such license, as last afore-
said shall be dollar to be paid BY the applicant
therefor.
"a No person having license to sell intoxicating
liquors under the provisions OF the preceding Sec
tons, shall have authority thereby to sell intOxi
eating liquors by any measure less than a quart,
or TO sell Intoxicating liquors to any person when
drunk, or knowingly to sell intoxicating Liquors to
any minor or to any slave, or shall suffer or permit
any intoxicating liquors which he has sold, to be
drunk in his store hsuse, or its dependencies, or
shall suffer any disorderly persons to remain
in bis store house, or its dependencies; and
any such perssn having license aforesaid volatr
ing either of tho provisions Of this section, shall
upon conviction thereof as hereafter provided, for.
felt and pay for the first offence, ine of i've
dollars, besides costs, and In default Of payment
hall has vi nnad aot lauet than
more than ten days, and, for the second offence,
shall forfeit and pay 6no Of ten dollars, besides
costs, and 10 default Of payment thereof shall be
imprisoned, not less than three nor moro than twep
" days, Rnd for the third odnae shall forfeit aud
pay zoe or ten dollars besides costs, and 10 de-
faalt Ut payment thereof, shall be Imprisoned mot
less thah ave than tsirty daysi and suoh
bird conviction shall tpso Jaet0 work forfeiture
OF his ieeuse, and the hfender shall not DO reli-
sepsed for the tarm ef ono ysar froIi tho sime eI
| such third conviction.
8. No person shall keep tavern, without hav.
| ing first obtained license frpm the Governor,
which shall be granted on the recommendation of
the Judges of the Court Of General Sessions, set>
ling forth that the person recommended is fit per-
son and we'll qualified to keep tavern. Such re-
commendatien shall mot be granted unless the petit
toner is so qualified, and has necessaries suitable
Tor Travellers nor unless bis house ia necessary for
public accommodation, and is in proper and
convenient place and stage for the entertainmento
travellers.
Q. The petition for suoh Recommendation shall
state the intention Of the petitioner to keep tav
ern with or without the sale Of Intoxicating liquors;
and the license shall conform thereto. The fees for
license, with a privilege to sell intoxicating
liquors. shall be az followa 10 any person who owns
or occupies house and premises, the assessed value
Of which shall be less in amouHt than the sum OF
fifteen hundred dollars, tho sum Of twenty dollars;
to any person who owns or occupies house and
| premises, the assessed value OF which is fifteen
hundred dollars and less than three thousand dol
ars-the sum of twenty Eve dollarsj to any person
who owns or occupies house and promises, the
Ia and NIL
| and less than forty five hundred dolars-the SUM
Of thirty dollars any person who owAs or occupies
| house and premises the assessed value Of which
is forty-fve hundred dollars and less than six
| thousand dollars-the sum of thirty hve dollars,
| and to any person who owns or occupies hoHse
| and premises, the assessed value OF which is six
thousand dollars and over, the sum of fifty dollars
For license without such privilege the su n of Eve
| dollars. Any person procuring such license with
the privilege to sell Intoxicating liquors, shall have
full power and authority thereby to sell intoxeat
iag liquors, in any quantity, subject, however, 70
| the provisions hereafter mentioned. Such license
shall continue in force for year only, from the
day which it is issued; provided that IT house
be duly licensed, and the tenant bo changed during
the year it shall be lawful for the new tenant to
keep such house under said license, until the end
Of the next term of said court, in the county The
fee to the Clerk of the Peace for Issuing suoh license
shall be one dollar, to be paid by the applicant
| therefor.
/ ~. No person shall keep alehouse or victualing
house wi hout license from the Governor, to be
granted upon the recommendation Of twelve or more
tree white reputable eitzons residing IN the neigh
borhosd in which such house is intended to be kept
setting forth that he is 6 person and we'll qualihed
to keep such house, and has suitable accommodations
for the purpose. The fee for such license shall be
ten dollars for the Of the State, and oAe dollar
to the Clerk eff the Peace, for the issuing thereof
such license shall continue in forcefOr one only
from the day on which il was issued; provided thai
ii such house be duly licensed, and tho tenant 6e
changed during the year, il shall be lawful for the
new tenant to keep such house under said license,
until the expiration of the year for which it was
granted. No license to keep an ale-house, or VIC
tuallinR house shall authorixe the sale of any inH
toxioating liquors. except ale other malt liquors:
and the person procuring license to keep an aie-
house vlotuallng- house under the provisions oil
this section, shalt have full power and autnsrlIy
thereby to sell ale and malt liquors, Subject how
| ever 10 tho provisions hereafter mentioned.
SS. Ne person having license to keep tavern,
vicua ling house under the provisions
of the foregoing section, shall have authority there
by to cell Intoxicating liquors TO any person when
drunk or knowingly to sell Intoxicating liquors 70
any minor, or to any slave and any sueh kfeper
of tavern ale house or victualng mouse, Vioatins
either Of the provisions Of this secion SHALL ufou
yiction thereof, as hereafter Provided forfeit
and pay for the FIRST offence, fine OF hye dollars
besides costs. and in default of payment thereof
hall he imprisoned not less than one Hor more than
ten days, and for the second offence, shall tOIfei
and Bay fine Of ten dollars, besides costs, and II
default Of payment thereof shall be imprisoned no.
less than three nor more than twenty days and ioI
the third offence shall forfeit and pay fne OF ter
, dollars besides costs; and in defaat OF payment
thereof shall be imprisoned not less than hve mol
i more than thirty days; and such third CONVICTION
shall ipso aeto work forfeiture Of his license, anC
the offender shall not be rsicensei for tho term
one year IRON tho timo of such third convction.
s Q. II any tavern keeper, or the keeper OF an
i; ale house or viotualipg house, shall suffer an,
person to continue drink ng and tippling In hi
e house at unreasonable hours of the night or shal
suffer any disorderly person to remain In his hous
or shall knowingly suffer any game upon which an,
thing Of value is beted or haEarded to be played il
his house or its dependencies ifthe keeper of au
ale house or yioualug heuse shall sell any intoxi