Smyrna times., 1857-03-18
WHOLE NO., 312.

snail, or the offender reside i'm the Civ of WI-
mington,) be heard and determined bv the
Mayor thereof, or by any Justice of the Peace
tesiulng IN SAID city Qfthe offender do not r.
siue In SAID clty) shall be heard and determined
oy any Justice ofthe Peace residing or holding
d" once IN the hundred where the offence was
c"mmiIed; but any person convicted NAV with
! :" A'e udys thereafter, appeal from any final
judgment rendered agaIDsI hIn bv the aid
/ aiayor or any Ju.tice, to the Court of General
oesS ons OF the Peace aud jail Delivery of the
County IN which judgment was rendered -
"uch person appealing shall enter into receO.
| nlZahcts with sufficient surety in such snm ss
tnt s'Iu mayor or Justice shall determine CON.
/ "'tolai lor MS appearance at the sa d Court at
NE next Term thereof, to be holden IN the Conn.
" wherein said Judgment was rendered N
answer to the complaint Whereon sa,d iudomcnt
was rendered, and tor his abiding the udomant
mat may be rendered by the SAID Court. The
| Mayor or Justice shall bind the witnesses for
'he o'ate Tor their appearance To testify in
case an appeal shall be taken shall trausmit i'm.
ineulately a certified copy OF his record of The
CiefK oi The Peace of the County. who shall
eh'ef tAe appeal. The Attorney General shall.
On such appeal, appear TOR the State. and the
lfial snail be by jury. The fees to the Mavor
OF JnStce Tor any prosecution under this act
criminal matters coguIzahle before them
SEC. 10. Whenever any person having Il.
cchSe 10 sell intoxicating liquors under Tie nro.
VISIONS OF THIS act shall have been convicted n
thlfd time OF selling intoxicating liquors. con.
p'Ty 10 any OF the provisions herein betnre ron.
taIhed III That behalf, and shall not aDpeaI from
SucH Judgment OF conviction within the time
limited IN the preceding section, il shall he tho
duty OF the Mayor Of the city of WIIminotor
!li such third conviction happen before the said
Mayor or OF any Justice before whom spcb third
conviction happened, to transmit, within fen
days alter the time limited in the next toreoo.
ing section Tor an appeal TO be Ia ken a certif,d
cory OF the record OF such third conviction 10
'he clerK OF Tue Peace Of the county in which
su0m t"lru conviction happened, hrch record
'i' oe uIed ny Tue SAID Clerk Of the Peace in
ms "fhc", and shall be evidence thai sucb ner-
son has been convicted Il third time and has f,r-
,elted his license, and is not 10 be re- licsrs,J
or the term OF one year from the time of s,oL
Any Mayor of the civ of wi
hlngIon or any Justice neglecting To- ,ransmit
'uch record as aforesaid within the time above
linl'' shaIl De deemed guilty ola misdemeonor.
t"u uPo1 conviction thereof bv Indictment in
ne Couft ol General Sessions Otthe Peace and
Iaii delivery OF the county where he NAV rc-
nae shall be fined twenty dollars besides costs
't conviction.
SEC. IA NO license issued or granted under
my oI the provisions ot tins acts shall confer
'o"er or authority to sell Intoxicating Eonors
}" t"e Lord Day, commonly called SUNDAY.
sec. 10. II any person shall sell lntoxicating
liquors by any measure Whatever in The Lord's
Iay; commonly called Sunday, such person
"'I' Oe ueemed g"llty OF mISdemeaNor. and
Po" conviction thereof by indictment, shall for
very such offence be fined twenty dolInr. ~
ldeS costs. The term Lords Day or Sunday
S used Iii this act, shall be construed ~ a.
race the space of time included between tho
our oil twelve O'Clock Of the night preceding
ma the hour OF twelve o'clock of The NIGHT sue.
eedlhg the cay commonly called Sunday.
SEC. 10 The term intoxicating hnuors"
S used IN THIS act, shall be construed IN moan
Atehd 10 and include any vinous, spirjtuous'.
lalt or bEewed liquors, or any admlxture there.
!, ana al liquors that can ntoXicate and are
dapted to use as u beverage
SEC. II. In any proceedings for a violation of
ny OF the provisions OF this act, it sbalI po, b.,
ecessary TO specify or prove the precise kind.
liquor winch is the subject of the chargr.
W 10 dIie9t II as " intoxicating liquor" only.
"u PROOF Oh the unlawful act charged in rela-'
on to any such liquor shall be deemed suff.
lent, although the particular kind NAV not bs
Ole to be shown.
SEC Is. All fees for licenses Ia ken ont und.r
le provisions of this act. (except the fee of
ne dollar TO the Clerk Of the Peace for tho 10
ing thereby shall 90 into and constltn,a =.
lrt OF the school fund of this State. and in nil
ture dividends among the school districts in
lis State, the same shall be divided and anpor.
Oncd according to the laws in force for tho
vision OF other funds devoted that obiec,
SEC. 10. All fines aud foreiIures which NAV
crue and be received under the provisions of
is act, shall be paid over by the officer reeeiv.
g the same to the Treasurer of the Poor Of
e County wherein such convictions werebsd
r the use OF the poor Of the county.
SEC. %. All acts and parts of acts iDconsis-
Mt with or supplied by tins act or any of us
DIVISIONS, are hereby repealed.
SEC. 2l. The Secretary of State sha Il c,uso
is act to be published in all the newSp,pcIs
is State for the space Of one month trom its
ssage. and shall certify to the Governor. the
bl;call0n OF tne same, the sum due therefor.
III all items of charge by each of the
wspapers, and the Governor shall, upon the
:eption of such certificate, draw orders on
: State Treasurer for the payment of the said
bllcatlon, and the State Treasurer shall paw
2 same out of any moneys IN the Treasury
| otherwise appropriated.
Passed at Dover, March 3, 1857.
lA5- An old ladv in Iawa ,yh;Io r,..-,I