Delaware weekly Republican. [volume] (Wilmington, Del.) 1841-188?, 1857-04-02
THURSDAY MORNING, APRIL 2, 1857.

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payment thereof shall be imprisoned not less than
ave nor more than thirty days, and such thru
conviction shall also fpso Jdefo work io.iei.u's
Of his license, and he shall not be re-license1
for term of one year from the time OF such thru
conviction. a
: TO- Nothing in this aot contained shall be
deemed and taken to forbid or prevent any person
from distilling or manufacturing into Intoxicating
liquor any fruit or grain the products Of his own
soil. Of which he may be possessed, or from
which he may purchase. aud from selling the
samo by any measure not less than quart,
without license therefor; provided, however that
| ifany person distling manufacturing intoxicat-
ing liquors from fruit or grain the products Of hii
own SOIL OF which he be possessed, snail sell
| any Intoxicating liquorby any measure less than
quart, such person shall upon conviction thereof
hereafter provided forfeit and pay for the first
| offence hne of FIVE dollars besides costs and In
default of payment thereof rhall be imprisoned not
less than one nor more than ten days, and for q
second any subsequent offence shall forfeit and
pay fine of ton dollars besides COSTS and in default
Of payment thereof shall beimprsoned not less than
| i've nor moro than thirty days.
| IL II any person shall keep tavern, ale house
or viotualing house, without valid license ns
required by this not or If aby person other than the
dstiller manufacturer of intoxicating liquors
from iruit grain, the products Of his own soil
OF which he may be possessed, as mentioned in the
preceding section of this act, shall without having
valid license therefor, prescribed by this act,
sell any intoxicating liquors by measure of a
quart or upwards or If any person not being Ii
censed tavern keeper, keeper Of an ale house or
victHalling house, with the privilege OF selling
intoxicating liquors under the provisions Of this
shall sell any intoxicating liquors by any measure
less than quart such person shall upon conviction
thereof as hereinafter provided, forfeit and pay for
the first offence 6no Of ten dollars besides costs,
and in default of payment thereof shall be impri>
soned not less tnan three nor more Than twenty days.
and for second or any subsequent sfence shall
forfeit and pay no of twenty dollars besides COSTS
and in defsut of payment thereof shall be impri-
soned not less than ten nor more than forty days.
IL. Every prosecution Tor a violation of the
provisions of this act herenbefore oontainea, SHALL
f the offender reside in the City Of WILMINGTON, (le
heard and determined by the Mayor thereof, or by
any Justice of tho Peace residing In said city, or
Qf the offender do not reside in said city,, shall be
heard and determined by any Ju.tice Of the Peace
residing o: holding an office In the hundred where
the offence committed; but any persen convicted
may within i've days thereafter, appeal from any
final judgment rendered as linst him BY the said
Mayor or any Justice, tv the CoWt Of General
Sessions of the Peace and Jail Delivery Of tho
County in which such judgment was rendered.
Such person appealing shall enter into reoognizance
with sufficient surety in such sum as the said Mayor
Justice shall determine, conditioned TOR bis ap-
pearance at the said Csurt at the next term thereof
to be holden in the County wherein said Judgment
was rendered, to answer to the complaint whereon
said judgment was rendered and for his abiding the
judgment that may bo rendered by the said Court |
The Mayor Justice shall bind the witnesses for
the State for their appearance to testify in
appeal shall be taken shall transmit Immediately
certified COPY of his record to the Clerk of the Peace
Of the County, who shall enter the appeal. The |
Attorney General shall, such appeal, appear for
the state and tho trial shall be BY jury. The fees
TO the Mayer or Justice for any prosecution under
this act shall be the now provided for |
other criminal matters cognzable before them.
! 10. Whenever any person having license TO sell |
Intoxicating liquors under the provisions Of this act
shall have been convicted a third time of selling |
intoxicating liquors, contrary to any of the prov
sons herein before contained in that behalf, and |
shall not appeal from such judgment Of conviction |
within the time limited in the preceding section, it
hau lst tha1 1ufv aE lh..M aF 0tf ~ il
miDgton, (if such third conviction happen before
the said Mayor or Of any Justice before whom such
third conviction happened, to transmit, within ten
days after the time limited in the next foregoing
section for appeal to be taken, certified ooIy oil
the record OF such third conviction to tho Clerk oi
the Peace Of the County in which such third con-
vction happened. which record shall be & ed by the
said Clerk of the Peace in his office. and ahsh se
evidences mat sucn person las been oOnvlcted
third time and has forfeited his license, and Is not
10 be elicensed fer the term OF one year from the
time of such conviction. Any Mayor of the City Of
Wilmington my Justice negleotng to transmit
such record asaforesaid within the time above limited
conviction thereof by indictment in the Court oil
GeHeral Sessions of the Peace and jan delivery Of
the county wh.re he may reside shall be lined TWEEN
ty dollars besides costs Of conviction.
4 Ia. No license issued or granted under any OF |
the provisions of this act shall confer power or an-
thority to sell intoxicating liquors on the Lords
Day, commonly called Sunday.
! Is. If any person shall sell Intoxicating liquors
by auy measu 10 whatever on the Lsrdis Day, COM
monty called Sunday, such person shall be deemed
guilty Of a misdomeanor, and upon conviction
thereof by ind ictm ent shall for every such offence
be fined twenty dollars besides costs. The term
Lords Day, or Sunday, as used in this act, shall
be construed to embrace the space of time included
between the hour Of twelve o'clock Of the night pre-
ceding and the hour Of twelve O'Clock of the night
succeeding the day commonly called Sunday.
16 Tho term Intoxicating liquors." as used |
in this act, shall be construed to mean, extend to
and insiido any vinOus spirituOus, malt or brswed
liquors. OF any admixture thereof, and all liquors |
that intoxicate and aTe adapted to use as bev
erage Il
IL. In any proceedings fer violation Of any Of
tho provisions Of this aot it shall not be necessary
20 specify prove the precise kind Of liquor which
ia the subject of the charge. but to allege it as
toxicating liquor" only, aid proof OF the unlawful
act charged in relation to any such liquor shall be
deemed sufficient, although the particular kind may
not be able TO be shown.
IS. All foes for licenses taken out under the
provisions OF this act Except the fee Of dollar
10 tho Clerk of the Poaco for the Issuing thereby
shall 60 into and constitute part OF the school |
fund Of this State and in all future dividends among
the school districts in as State, the same shall be
divided and apRortiOned according to the laws in
force for the division of other funds devoted TO that
object.
Sl9. All hues and forfeitures which may accrue
and bo received under the provisions of this act
shall be paid over by the officer receiving the same
to the Treasurer Of the Poor of the County wherein
such convictions had for the use Of the poor OF
the County.
20. All acts and parts of acts Inconsistent with
supplied by this act any Of its provisions, are
hereby repealed.
81 The Secretary OF State shall cause this act
to be published in all the newspapers OF this state
for the space Of one month from its passage, and
shall certify to the Governor, the publication OF the
same, the sum due therefor, stating all items OF
charge by each Of the newspapers, and the Governor
SHALL upon the reception of such certificate, draw
ders on the State Treasurer for the payment OF the
said publication, and the State Treasurer shall pay
the same out Of any moneys in the treasury not
otherwise appropriated.
Passed at Dover, March O. 1851.