Delaware weekly Republican. [volume] (Wilmington, Del.) 1841-188?, 1857-03-26

sentdtires Of The State Of DelaWare, in Gen0r'
Assembly met,
/, No person shall, by himself, his servant
agent, directly, or indirectly, sell any intoxcatir
liquors, except as hereinafter provided
! 2. Any free white Citizen Of this State, who
of the age Of twenty-one years or upwards, and
licensed retailer of goods, WIRES and merchau
disc and ;le aggregate cest value of whose stock
hand is not less than three hundred dollars, ma
apply to the Clerk Of the Peace of the county
which he may reside, for license, to sell ntoxicn
Ing liquors. in quantities not less than quart
upon The applicant for such license pay ing to the sal
Clerk OF the Peace fee OF twenty dollars, for th
use of the State, it shall be the duty of the sal
Clerk of the Peace to issue n license, under b
hand and tho seal of the Court, to such retailer
goods, wares and merchandise any such retailer q
gSeds, wares and merchandise, procuring such Il
cense, as aforesaid shall have full power and author
y thereby 10 sell intoxicating liquors, Of all kind
and descriptions, in any quantity not less than
quart, sui jecti however, 10 the provisions hereafe
mentiontd. Any license issued under this section
shall be separate and speo al license for that par
tcnIar privilege, nnd no other, and shall state tha
the fee Of twenty dollars is paid and that the ap-
| plicant therefor is licensed retailer tf 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 tho sell,
ing of intoxicating liquors only at one place and
only for one year from tho day Oh which il was
issued. The Clerk of the Peace shall require any
applicant for such license aforesaid to make an
oath or affirmation that he is n licensed retailor OF
goods, wares and merchandise, and that the aggre-
gate cost value Of his stock hand is not less than
three hundred dollars; aud any one making false
oath or affirmation in the premises shall be subject
10 n the pains and penalties Of wiltul and corrupt
PERJURY. The fee TO the Clerk Of the Peace fer Is
suing such licenss as aforesaid shall be one dollar,
| TO be pail by he applicant therefor
| J, Any free white citizen Of this state, who is
OF the ago Of 0ftwenty one years OF upwards, who ay
desire to sell intoxicating liquors exclusive of any
other goods. wares and merehaadise, may amply 10
the CLERK of the Peace Of the County in which he
may reside, for license TO sell tho sane, and upon
| the applicant for such license paying to the said
CLERK VI the Peace fec of fifty dollars for the use
Of the State it shall be the duty Of the said Clerk
OF the Peace to issue license, under his hand and
the seal ct the Court, for the sale Of intoxicating
| liquors to such applicant, who may desire to sell
the same exclu.iye of any other goods, wares and
erchandise. The person procuring such license as
last aforesaid shall have full power and authority
thereby to sell Intoxicating liquors. ui all kinds and
descriptions in any quantity not less than quart,
subject, however, to the provisions hereafter mem
toned The license issued under this section shall
be special license, for that particular privilege,
and no other, and shall state that the fee Of fifty
dollars s paid and that the applicant therefor de-
sires to sell Intoxicating liquors exclusive of any
other goods wares and merchandise, and shall nu-
thoriEe the selling Of intoxicating liquors only at
one place, and only for ono year from the duy
on which il was Issued. Tho fec to the Clerk of
the Pence for issuing such license, last afore-
said, shall be one dollar to be paid BY the applicant
therefor.
a. No person having license to sell intoxicating
liquors under the provisions OF the preceding
lions, 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 10
any minor or to any slave, shall suffer or permit
any intoxicating liquors which he has Sold to be
drunk in his store house, or its dependencies, or
shall suffer any disorderly persons to remain
in his storo.house, or its dependencies; aud
any such perssn having license as aforesaid yioat,
ing either of the provisions Of this section, shall
upon conviction thereof hereafter provided for,
felt and nay for tho first offence, u fine of 1--WE
dollars be'ides 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, aud in default OF payment thereof, shall be
| imprisoned, not less than three more than TWEEN
ty days aud tor tho third offence shall forfeit and
pay hne Of ten dollars, besides costs and in de>
fault OF payment thereof, shall be imprisoned not
less than five nor mUre than thirty days. and such
third conviction shall ipsO taef0 work forfeiture
OF his license, and the offender shall mot be reli
sensed for the term Of one year from the time tf
such third conviction.
| g. No person shall keep a tavern, without hav.
ing INST obtained license FROM the Governor,
which shall be granted on the recommendation of
the Judges Of the Court of GoneTal Sessions, sets
ting forth that the person commended is fit per-
son and well qualified to keep u tavern. Such
commendatiou shall not be granted unless the petit
toner is go qualified and has necessaries suitable
Tor travellers, nor unless his house is necessary for
| public accommodation, and is in a proper and
convenient place and stage for tho entertainment Of
travellers.
g. Tho petition for such recommendation shall
state the intention Of the petitioner to keep tav
with without tho sale Of Intoxicating liquors;
and the license shall conform thereto. The fees for
| n license, with privilege to sell intoxicating
liquors, shall be as follows 10 any person who owns
occupies house and premises, the assessed value
Of which shall be less in amouat than the sum OF
Trad all nf lva dull
| to any person who owns occupies house and
premises, the assessed value OF which is fifteen
hundred dollars aud less than three thousand dol
lars-he sum of twenty. i've dollars to any person
| who owns or occupies house and prepises, the
assessed value OF which is three thousand dollars
and less than forty FIVE hundred d0llars-the SUN
OF thirty dollars to any person who OWES or occupies
a house and premises, tho assessed value OF which
is forty-Gve hundred dollars and less than six
thousand dollars-the sum of thirty five dollars,
and to any person who owns OF occupies hose
| and premises, the assessed value Of which is six
thousand dollars and over, the of fifty dollars
For license without such privilege, the su Of 1--WE
dollars. Any person procuring such license with
the privilege to sell intoxicating liquors, shall have
full power and authority thereoy TO sell intOxicas
ing liquors, in nny quantity, subject however, to
| the provisions hereafter monIiUned. Such license
shall continue in force for one year only, from the
day on which it is issued; provided that if a house
be duly licensed, and the tenant bo changed during
the year, it shall be lawful for the tenant to
| keep such house under said license until the enl
OF the next term Of said court in tho county. The
fee to the Clerk of the Peace for issuing such license
shall he one dollar, 10 be paid by the applicant
therefor.
81. No person shall keep an alehCuse victualing
house wi hout license from the Governor, to be
granted upon the recommendation If twelve or more
tree white reputable citizens residing ia the neigh
boIhosd in which such house is intended to be kept,
settngforth that he is a ft person and we'll qualified
to keep such house and has suitable accommodations
for the purpose. The fee for such license shall be
ten dollars for the use OF the State, and one dola
to the Clerk Of the Peace, for the Issuing thereof.
such license shall continue in force for only
from the day on which it was issued; provided thar
it such house be duly licensed, and the tenant be
changed during the year, it shall he lawful for the
new tenant to keep such house under suii license,
until the expiration of the year for which it was
granted No license to keep an ale-house, or vic
tualling house shall authorize the sale of any inN
tOxicRtng liquors. except ale or other malt liquors.
and the person procuring license to Keep au ale
house victualing- house under lhe provisions oil
this section, shalt have full power and authority
thereby to sell ale aad malt liquors, subject, now
ever, to the provisions hereafter mentioned
8. Ne person having license to keep n taverni
alehOuse, vicualiug >hOuse under the provisions
of the foregoing seeton shall have authority there
by to soil intoxicating liquors to any person when
drunk, or knowingly TO sell Intoxicating liquors 70
any minor, or to nuy slave and auy such Keeper
of tavern ale house victuuing house, violating
either Of the provisions of this section, SHALL upon
conviction thereof, rs hereafter provided, iOriel
anu pay LOT tue nrst Ouence, u nhe Ot i've upilais
besides costs, and in default of payment thereof
shall be imprisoned less than AOr more thar
ten days, and for the second offence, shall foItei
and pay fine Of ten dollars, besides costs and ~
default of payment thereof shall be imprisoned moi
less than three more than twenty days. and foi
the third offence shall forfeit aud pay fine Of ter
dollars besides costs; and in default Of payment
thereof shall be imprisoned not less than five mol
more than thirty days; and such third convictios
shall pSo Jaef0 work forfeiture VI his license, anC
the offender shall not be recensed for the term o.
one year from the time Of such third conviction.
9. Ii any tavern keeper, the keeper of an,
ale house victualing house, shall suffer am
person 10 continue drink ng and tippling IN hi
house at unreasonable hours of the night, shal
suffer any disorderly person to romain in his hous
or shall knowingly suffer any game upon which an!
thing Of value is betted hazarded to be played II