Smyrna times., 1857-04-08

OF Twelve or more free White reputable citizens ]
residing in the neighborhood in which such (
house is intended to be kept, setting forth that
he is ft person and well qualified TO keep
such house, and has suitable accommodations for
the purpose The fee for such license shall be
ten dollars for the of the 8 ate, and one dol
lar to the Clerk of the Peace, for the issueing
thereof. Such license shall continue in force
for one year only from the day on which 1t was
issued; provided that if such house be duly
licensed, and the tenant be changed during the
year, it shall be lawful for the new tenant TO
keep such house under said license, until the
expiration of the year for which it was gran
| ted. No license to keep an ale-house or victu- |
aling.house shall authorize the sale of any In
toxicating liquors, except ale or other malt IL
quors; and the person procuring license to
keep an ale-house or victualing- g-house under the
provisions OF this section shall have full power
and su,hority thereby to sell ale and other malt
liquors. subject, however, to the provisions here
after mentioned.
SEC. 8. No person having license to keep
tavern, ale-house or victualing- house under
the provisions of the foregoing section, shall
have authority thereby to sell intoxicating lie
quors to any person when drunk, or knowingly
To sell intoxicating liquors to any minor, or to
any slave. And any such keeper of a tavern,
ale-house or victualing- house, violating either
of the provisions of this section, shall upon con-
victlon thereof as hereafter provided forfeit and
pay for the first offence fine of five dollars be-
sides 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 paya fine of ten dollars besides COSTS
and in default of payment thereof shall be i'm
prisOned not less than three nor more than
twenty days, and for the third offence shall for
. felt and pay fine OF ten dollars besides costs,
and in default of payment thereof shall be i'm.
prlsoned not less than five nor more than tn rty
) days; and such third conviction shall ipsO factO
I work forfeiture of mis- license, and the offender
shall not be relicensed for the term of one year
, from the time of such third conviction.
SEC. 9. lfany tavern keeper or the keeper
/ OF an ale-hOuse, shall suffer any person to con-
3 tinue drinking and tippling in his house at un-
| seasonable hours of the night, or shall suffer
any diSorderly person to remain in his house,
or shall knowingly suffer any game upon which
any thing of value is betted or haZa7ded to be
played in his house or its dependencies, or ifthe
keeper Of any ale-house or victualing house
shalt sell any intoxicating liquors except ale or
other malt liquors, he shall upon conviction
thereof as hereafter provided, forfeit and pay
for the first offence fine of five dollare besides
costs. and in default Of payment thereof shall
4 be imprisoned not less :han one nor more than
ten days, and for the second offence shall for
/ felt and pay fine of ten dollars besides costs,
and IN default OF payment thereof shall be i'm
prsoned not less than one nor more than ten
days, and for the second offence shall forfeit and
n pay fine of ten dollars besides costs, and in
| default of payment thereof shall be imprisoned
/ not less than three nor more than twenty days,
aud for third offence shall forfeit and pay
fine of ten dollars besides costs, and in default
of payment thereof, shall be imprisoned not less
, than five nor more than thirty days, and such
r third conviction shall also ipsO factO work a
forfeiture of his license, and he shall not be re.
I licensed for the term of one year from the time
of such conviction.
SEC. l0 Nothing R this act contained shall
be deemed and taken to forbid or prevent any
person from distllling or manufacturing into in
toxlcatlng liquor any fruit or grain, the pro-
, ducts of his own soil, or of which he may be
possessed, or fruit which he may purchase, and
from selling the same by any measure not less
| than quart, without license thereof; provi.
ded, however, that if any person distlling or
maIufacturng intoxicating liquors from fruit
or grain the products of his own sod, or of which
he may be possessed, shall sell any intoxicating
. liquor by any measure less than a quart, such
A person shall upon conviction thereof as hereaf.
ter: provided, forfeit and pay for the first offence
fault of payment thereof, shall be imprisoned
; not less than one nor more than ten days, and
for second or any subsequent offence shall for
!. felt and pay fine of ten dollars besides costs,
|: andsin default of payment thereof shall be i'm
n prisoned not less than five nor more than thirty
4 days.
d SEC. Ii. II any person shall keep tavern,
: ale house or victualing house, without q valid
IT license required by this act, if any person
e other than the dlstIller or manufacturer of in.
II toxicating liquors from fruit grain, the pro-
- ducts of his own soil or of which he may be pos
Il sessed, as mentioned in the preceding section
of this act, shall, without having a valid license
therefor, as prescribed by this act, sell any in-
,, toxcatng liquors by a measure of a quart or
= upwards, or IT any person not being licensed
tavern keeper keeper of an ale-house or victual.
o ing house, with the privilege of selling intoxi-
u eating liquors under the provisions o. this act
r shall sell any intoxicating tiqsOrs by any mea-
sure less than quart, such persons shall, upon
l. conviction therOf as hereinafter provided, for.
e felt and pay tor the first offence a fine of ten
dslars besides costs, and in default OF payment
= thereof shall be imprisoned not less than three
= nor more than twenty days; and for a second
d or any subsequent offence shall forfeit aad pay
u fine of twenty dollars besides costs, and in
j. default OF payment thereof shall be imprisoned
5, not less than ten nor more than forty days.
&c SEc r.. Every prosecution for violation o
: the provisions OfthIs acthereinbefore contained
'f shall, f the offender reside In the City of Will
mington,) be heard and determined by the
l. Mayor thereof, or by any Justice of the Peace
o residing in SAID city (f the offender do not re-
l. side in said city) shall be heard and determined
N by any Justice Ofthe Peace residing or holding
J. an Office in the hundred where the offence wa,
J. committed; but any person convicted may will
a in five days thereafter, appeal from any ina
d judgment rendered against him by the sale
T. Mayor or any Justice, to the Court of Genera
5; Sessions of the Peace and Jail Delivery of the
'e County in which judgment was rendered.
rs Such person appealing shall enter into receg
'e nizances with sufficient surety in such sum al
s; the said Mayor or Justice shall determine, con
20 ditional for his appearance at the said Court
rs the next term thereof to be holden in the Coun
re ty wherein said judgment was rendered, Il
10 answer 90 the complaint whereon said judgmcn