Smyrna times., 1857-04-08

days after the time limited in the next forego-
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, which record
shall be filed by the said clerk of the Peace in
his Office, and shall be evidence that such per.
son has been convicted third time and has for
feited his license, and is not to be re.licensed
for the term of one year from the time of such
conviction. ANY Mayor of the city of Will
mingion or any Justice neglecting to transmit
such record as aforesaid within tine time above
limit, shall be deemed guilty of misdemeanor,
and upon conviction thereof by indictment in
the Court of General Sessions ofthe Peace and
Jail Delivery of the county where he may re-
side shall be fined twenty dollars besides costs
of conviction.
SEC. IA No license issued or granted under
any of the provisions of this acts shall confer
power or authority to sell intox icating liquors
on the Lords Day, commonly called Sunday.
Sec. 10. 1t any person shall sell intoxicating
liquors by any measure whatever in the Lords
Day. commonly called Sunday, such person
shall be deemed guilty of misdemeanor, and
upon conviction thereof by indictment, shall for
every such offence be fined twenty dollars be-
sides costs. The term Lords Day or Sunday
as used in this act, shall be construed to en-
brace the space of time included between the
hour of twelve o'clock of the night preceding
, and the hour oftwelve o'clock of the night sue
ceeding the day commonly called Sunday.
SEC. l6. The term " intoxicating liquors,
as used in this act, shall be construed to mean
extend TO and include any vinous, sprItuous
malt or brewed liquors, or any admixture there
: of, and all liquors that can intoxicate and are
: adapted 10 use a beverage.
&ur In Gov. a.
any of the provisions of this act, it shall not b.
i necessary to specify or prove the precise kinC
J. of liquor which is the subject of the charge
y but to allege itsas il" intoxicating liquor" only
o and proof of the unlawful act charged in rela
r ton to any such liquor shall be deemed suff
T cient, although the particular kind may not b.
able to be shown.
r SEC. lS. All fees for licenses taken out unde
i the provisions of this act, (except the fee o
: one dollar to the Clerk of the Peace for the is
r suing thereby shall go into and constitute
part of the school fund of this State and in al
b future dividends among the school districts il
e this State, the same shall be divided and appor
e toned according to the laws in force for tn,
e division OF other funds devoted that object
r Sec. l9. All fines and. iorteitures who MAJ
y accrue and be received under the provisions o
this act shall be paid over by the officer rcceiv
ing the same to the Treasurer of the Poor O
u the County wherein such convictions were had
for the use of the poor of the county.
: SEC. 90. All acts and parts of acts inconsis
3 tent with or supplied by this act or any of it
: provisions, are hereby repealed.
o Sec. 81. The Secretary Of State shall caus
this act to be published in all the newspa peIs
q this State for the space of one month from it
passage. and shall certify to the Governor, th'
= publication of the same, the sum due therefor
a stating all items of charge by each OF th'
I newspapers. and the Governor shall, upon thu
s reception of such certificate, draw orders OF
d the State Treasurer for the payment of the sait
publication, and the State Treasurer shall pal
: the same out OF any moneys in the Treasur!
not otherwise appropriated.
Passed at Dover, March 3, 1857.