Delaware weekly Republican. [volume] (Wilmington, Del.) 1841-188?, 1857-02-19

any ale-house or yictualing house, shall suffer
any person to continue drinking and tipping
in his house at unreasonable hours Of the night
or shall suffer any drunken or disordcry person
10 remain in his house, or shall suffer any game
upon which anything of value Is betted or haz-
zarded to be played in his house or its depen-
denotes, or il the keeper of any ale-house or
Advantageous shall sell any Intoxicating
liquors, except ale OF other malt liquors, he
shall upon conviction thereof as hereafter pro-
yided, forfeit and pay for tho first offence fine
of five dollars besides costs, and in default Of
payment thereof shall be imprisoned not less
than one nor more than ten days, and for the
second offence shall forfeit and pay fine OF
ten dollars besides costs, and in default OF pay
ment thereof shall be imprisoned not less than
three nor more than twenty days, and for a
THIRD offence shall forfeit and pay fine Of ten
dollars besides costs, and in default OF payment
thereof, shall be imprisoned not less than Ave
nor more than thirty days, and such third con.
viction shall also ipso facto work forfeiture OF
his cense, and he shall not be re-licensed for
the term Of one year from the time of such third
conviction.
10. Nothing in this act contained shall be
deemed and taken to forbid or prevent any
person from distilling or manufacturing into
intoxicating liquor any fruit or grain the pro-
ducts OF his own soil, or ofwheh he may be pos
sessed, and from selling the same by any mea-
sure not less than quart, without license
therefor; provided however that if any person
distilling or manufacturing intoxicating liquors
from fruit or grain the product of his own soil,
| or OF which he may be possessed, shall sell any
| intoxicating liquor by any measure less than a
quart, such person shall upon conviction there
OF as hereafter provided for, forfeit and pay for
the hrst offence fine of five dollars besides
costs, and in default Of payment thereof, shall
| DC imprisoned not less than one nor more than
cen days, and for second or any subsequent
offence, shall forfeit and pay fine of ten dol
4 lars besides costs, and i'll default Of payment
thereof shall be imprisoned not less than five
nor more than thirty days.
IL. II any person shall keep tavern, ale
mouse, or yictualng-hOuse without valid IL
censc, as required by this act, or il any person
other than the distiller or manufacturer of in.
toxlcating liquors from fruit or grain, the pro-
ducts OF his own soil or of which he NAV be
| possessed, as mentioned in the preceding sec
ton of this act, shall, without having valid
license therefor, as prescribed by this act, sell
any Intoxicating liquors by a measure OF a quart
| OF upwards, or ifany person not being licensed
tavern Keeper, Keeper of an le-house or VIC
tuallng-house with the privilege of selling
intoxicating liquors under the provisions Of
this act, shall sell any intoxicating liquors by
any measure less than quart, such persons
snail, upon conviction thereof as hereinafter
|
Ane oil ten dollars besides costs, and in Geilult
OF payment thereof shall DO imprisoned not
iesS than three nor more than twenty days
ana Tor second or any subsequent offence
snail forfeit and pay tine of twenty dollars be-
sides costs, and in default Of payment thereof
sAall be imprisoned not less than ten nor more
| than forty DAVIS
L. Every prosecution for a violation of
inc provisions of this act hereinbetore con-
hn aHA and, T., Al
OF Mllmington) be heard and determined hy
the Mayor thereof or by any Justice of the
renee residing in said city, or (if the offon-
aer does not reside in said City, shall be
neard and determined by any Justice of tho
peace residing or holding an office in the
hundred where the offence was committed
put any person convicted may within five
oays thereafter appeal from any final iudg-
'uent rendered against him by the said Mayor
or any Justice, to the Court of General Ses-
siohs OF the Peace and Jail Delivery of the
county IN which such judgment was rendered
ouch person appealing shall enter into recog-
hizahco with sufficient surety in such sum
as the SAID Mayor or Justice shall determine,
conditioned for his appearance at the said
court at the next term thereof, to be holden
IN tho County wherein said Judgment was
rendered, to answer to the complaint whereon
SAID Judgment was rendered and for his abiding
SAID Ceuri. The Mayor or Justice shall bind
the witnesses for the State for their appear
ahee 10 testify; in case any appeal shall be
Ltken shall transmit Immediately certified
N,P3 " ms fevVfd 50 tho Clerk of the Pence OF
t h,. county VINO shall enter the appeal. The
aehtturhsy General shall, on such appeal, appear
lor the State and the trial shall be by uIrvi rha
ices TO the Mayor or Justice Tor any pfoSecn.
tloh undor this act shall be the same as are now
provided for other criminal matters cUgnzable
before them,
10. whenever any person having license to
seI Intoxicating liquor under the provisions of
ms Set SNAIL nave been convicted third time If
selling intoxicating liquors contrary TO anv Of
inc provisions herein before contained in that
pSiaii ana shall not appeal FROM such Judgment
Vi conviction within the time limited in the pre- |
cedlng section, it shall be the duty of the MAYOR
OF the City of Wilmington, (if such third con- |
Fletioh happened before the said Mayorl or of
my justice Of the Peace before whom smell
.nlfu conviction happened, to transmit, within
scn Jays, tue time limited in the next foregoing
section after for an appeal to he taken. carti
ned copy OF the record of such third convictian
10 theClerk of the Peace Of the County in which
'acm thlru conviction happened, which record
'nall be lled BY the said Clerk Of the Peace in
is once, ana shall be evidence that such ner
sou mas Deeh convicted a third time and has FAR
elted ms license, and is not to he re-licensaJ
.Silh VI ONO year from the time of such
conviction. Any Mayor OF the CITY of Wi
llington or any Justice neplecting ~ tr,ns,nit
'uch record as aforesaid within the time aho,.n
United, snail be deemed guilty Of a misde-
uoano!, ana upon conviction thereof by indirt
hent IN the Court Of General Sessions of lin
eace and Jail delivery OF the county where he
nay reside, shall be fined twenty dollars besides
'osts OF conviction
= a. 40 license issued or granted under any
of IL, T.
u authority to sell Intoxicating liouors M, fLa
ora DAy, commonly called Sunday:
~ II any person Shall sell Intoxicating
iquor ny any measure whatever on the Iord'S !
Ky, commonly called Sunday, such person
iiHh DC deemed guilty Of a niisdemeanor. and
r. poa convection thereof by Indictment, shall for
i'e urst offence b. fined twenty dollars besides
,in,' Hnu ioF inc second offence shall be fined
hllts dollars besides costs, and for n third or
ny subsequent offence shall be fned nm, AZ
~ oeslues costs, and also be imprisoned NOT
~ ~, 'tisn I'VE nor more than twenty days The
IN t-ofu DAY or Sunday rs used in this act
uaii pe construed to embrace the space of tin,r
siuu . between the hour of twelve O'Clock of
W. night preceding and the hour of twelve I
sioeh 81 me night succeeding the day com !
lonly called Sunday.
10. The term .tntoxicatino Iinnors ,loo ,,s,,.,
= inns act, Shall be construed 10 mean ev,ond .
anu inelude any yinous, spirituous, malt or ,
~ ,, mou liquors, or any admixture thereof. and
II liquors that can intoxieate and are adapted
D hSe rs u beverage
~. IN any prosecuting for riOietiel. of ,
ny vi inc provisions Of this act, it shall not
o necessary to specify or provo the precise :
ind of liquor which is tho subject of the charge
ut to allege il as g intoxicating liquor" only.
nj proof of the unlawful act charged in rala. \
on to any such liquor shall be deemed sufi- !,
lent although the particular kind may not be
Bile to be shown.
IL. All fees for licenses taken out under
40 PROVISIONS OF this act except tho foe Of
NO dollar to the Clerk OF the Peace for The
sung thereby shall go into and constitute :.
art Of the School Fund of this State, and in y y
Il future dividends among the school districts