Smyrna times., 1857-03-25

D dsllars besides costs, and in default of PAYNE
r. thereof shall be imprisoned not less than thr
: nor more thantwsntg days; and for secor
d or any subsequent offence shall forfeit aad pa
d tine oftwensy| deiiars besides costs, and
/. default Of Paymente thereof shall be imprisone
. not less than ten nor more than forty DAYS. ~
Sec. ~. Every prosecution for violation !,
the provisions ofths acthereinbefore contained
E shall, (f the offender reside in the City of Wi
nnHgton,) be heard and determined by tn
Mayor thereof or by any Justice Of the Peac
residing in sa id city (if the offender do not re
side in said city,) shal be heard and determine,
by any Justice ofthe Peace residing or holdin,
an office in the hundred where the offence wa
4 committed but any person convicted may will
In nve, days thereafter, appeal from any fina
Judgment rendered against him by the saiC
mayor or any Justice, to the Court of Genera
sessions OF the Peace and Jail Delivery of tht
County in which judgment was rendered.
such person appealing shall enter into reeeg.
nlzances with sufficient surety in such sum a.
the said Mayor or Justice shall determine, con.
dltlonal for his appearance at the said Court al
the next term thereof, to be holden in the Coun.
ty wherein said judgment was rendered, to
answer to the complaint whereon said Judgment
was rendered, and for his abiding the Judgment
that may be rendered by the said Court. The
Mayor or Justice shall bind the witnesses for
the State for their appearance to testify; in
case an appeal shall be taken shall transmit i'm.
medlately certified copy Of his record of the
Clerk OF the Peace of the County, who shal
enter the appeal. The Attorney General shall,
on such appeal, appear for the State, and the
trial shall be by jury. The fees to the Mayor
or Justice for any prosecution under this act
snail be the same as are now provided for other
criminal matters cognizable before them.
SEC. IL. Whenever any person having H.
cense to sell intoxicating liquors under the pro-
visions OF this act shall have been convicted a
thlrd time OF selling intoxicating liquors, con-
trary to any ofthe provisions herein before con-
famed IN that behalf, and shall not appeal from
such Judgment of conviction within the time
limited IN the preceding section, it shall be the
duty OF the Mayor of the city of Wilmington.
llf 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 forero.
ing section for an appeal to be taken, certified
copy OF the record of such third conviction to
the clerk of the Peace of the county in which
such third conviction happened, v hich record
snail be tlled by the said clerk Of the Peace in
his othce, and shall be evidence that such uer
son has been convicted a third time aud has for
Ieited his license, aud is not to be re-licensed
Tor the term of one year from the time of such
Any Mayor of the city of Wi.
nlnglon or any Justice neglecting to transmit
such record as aforesaid within the time above
limit, shall be deemed guilty of misdemeanor.
md upon conviction thereof by indictment in
he Court of General Sessions Ofthe Peace and |
Iall Delivery of the county where he NAV re-
dde. shall be fined twenty dollars besides costs
If conviction.
SEC. IA No license issued or granted under
my OF the provisions of this acts shall confer
'ower or authority to sell intoxicating liquors
m the Lords Day, commonly called Sunday.
SEC. 10. fany person shall sell Intoxicating
liquors by any measure whatever in the Lords
Day, commonly called Sunday, such person
hall be deemed guilty of a msdemeasor, and
Ipon conviction thereof by indictment, shall for
very such offence be fined twenty dollars be-
ldes costs. The term Lords Day or Sunday
s used in this act, shall be construed to em.
race the space of time included between the
our of twelve o'clock Of the night preceding
nd the hour oftwelve o'clock of the night sue
eedlng the day commonly called Sunday.
SEC. 10. The term intoxicating liquors."
8 used IN this act, shall be construed ID mean.
xtend TO and include any Vinous, spirituous,
lalt or brewed liquors, or any admixture there q
!, and all liquors that can intoxicate and are {
dapted 70 use beverage.
SEC. IL. In any proceedings for a violation of
ny OF the provisions of this act it shall not be
ecessary to specify or prove the precise kind q
liquor which is the subject of the charge,
ut to allege 1t as intoxicating liquor" only, n
nd proof of the unlawful act charged in rea- Z
on to any such liquor shall be deemed suffi. C
ent, although the particular kind may not be
Dle to be sh0wn. c''l...t
SEC. Is. All fees for licenses taken out under
lie provisions of this act, Except the fee OF !
ne dollar to the Clerk of the Peace for the is.
ling thereby shall go into and constitute
lrt of the school fund of this State, and in all s
ture dividends among the school districts in II
lis State, the same shall be divided and appor- 81
oned according to the laws in force for the
vision OF other funds devoted that object.
SEC. IL. All fines and iorteitures wh'ch may
crue and be received under the provisions Of
lis act, shall be paid over by the officer receiv 5
q the same to the Treasurer of the Poor OF =
e County wherein such convictions were had,
r the use of the poor of the county.
SEC. 20. All acts and parts of acts inconsis-
mt with or supplied by this act or any Of its
DIVISIONS, are hereby repealed.
SEC. 81. The Secretary of State shall cause L
is act to be published in all the newspapers of
is State for the space of one month from its
ssage, and shall certify to the Governor, the
blicatlon of the same, the sum due therefor,
sting all items Of charge by each of the
wspapers, and the Governor SHALL upon the
ception of such certificate, draw. orders on
e State Treasurer for the payment of the said
blieation. and the State Treasurer shall pay
e same out of any moneys in the Treasury
1t otherwise appropriated. ......,,
Passed at Dover, March 8, 1857.