Smyrna times., 1857-03-25
BY AUTHORITY.
An Act regulating tAe Sale of IntoxI.
eating Liquors.

And be it enacted by the Senate and House Of
Representatives. Of the State Of DelaWGrr,
IN General Assembly met:
SECTION l. No person shall by himself. his
servant or agent, directly or indirectly sell any
Intoxicating lIquc1ss except as hereinafter pro-.
Vided.
SIC. 2. Any free white citizen of this State,
who is Of the age of tweuty-one years or up-
Wa Kds, and is u licensed retailer of 0ods, wares
and merchandise, and the aggregate cost value
Of whose stock OH hand is not less than three
hundred dollars, may apply TO the Clerk of the
Peace of the county in which he may reside
for license to sell intoxicating liquors in guam.
titles not less than a quart; aud HpOn the
applicant TOR such license paying to the said
Clerk of the Peace fee OF twenty 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 of the Court TO such ~.
taller OF goods, wares and merchandise any
such retailer of goods, wares and merchandise,
procuring such license as aforesaid, shall have
full power and authority thereby to sell n:O1.
lcating liquors of all kinds and descriptions III
any quantity not less than quart, subject how.
ever TO the provisions hereafter mentioned
| Any license issued under this section shall bs
u seperate and special license for that purticu-
|
the fee OF twenty dollars is paid, and that the
applicant therefor is licensed retailer Of goods,
wares and merchandise, the aggregate Gust
value Of whose stock on hand is not less than
three hNndred dollars The license shall au.
thOrlze the selling OF intoxicating liquors only
at one place, and only for one year from the
lday on which it was issued. The clerk Of the
Peace shall require any applicant for such IL
cense as aforesaid to MA ke an oath OF atirma-
ton that he is licensed retailer Of Gods,
and. merchandise, and that the aggregate Cost
value of his stock on hand is not less than three
hundred dollars and any OAe making fase
oath or affirmation in the premises shall be sub
lect TO all the pains and penalties OF wilful and
tcorrupt perjury. The fee to the clerk of the
Peace for issuing such license aforesaid shall
be oae dollar, TO be paid BY the applicant there
for.
SEC. 3 Any free white citizen OF this State.
who is of the age of twenty-one years or up
wards, who may desire to sell intoxicating Ii
quors exclusive OF any other goods, wares and
merchant Sc, may apply 10 the clerk OF the
Peace of the county IN which he may reside. for
a license to sell to the same; +; and upon the APP
plicant for such license paying to the said clerk
of the Peace fee 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 of the court, for the sale OF Iniox-
icating liquors TO such applicant who may de-
sire to sell the same exclusive of any other
goods, wares and merchandise. The person
procuring such license as last aforesaid shall
have full power and authority thereby TO sell
intoxicating liquors, of all kinds aud descrP-
tioAs, In any quantity not less than aquart, sub
iect however to the provisions hereafter men,
toned. The license issued under this section
shall be a special license for that particular
privilege and no other, and shall state that she
fee Of hey dollars is paid, and that the applicant
therefor desires to sell intoxicating liquor: eA-
elusive Of any other goods, wares and merchah-
disc, and shall authorize the selling OF intoxlca'
ting liquors only in one place, and only Tor
one year from the day on which it was issued
The fee to the clerk Of the Peace for issuing
such license as last aforesaid shall be one doi>
lar, TO be paid by the applicant therefor.
SEC. 4. No person having 9 license TO seif
intoxicating liquors under the provisions oil 'he
preceding section shall have authority thereby
to sell intoxicating liquors by any measure less
than quart, or to sell Intoxicating Liquors ID
any minor or to any slave, or shall suitef OF per-
NIT any intoxicating liquors which he has sola
to be drunk in his store-house or Its depenhe"-
cies or shall suffer any disorderly person 70 te-
main in his store-house or It's dependencies
and any such person having license as aioie-
said, violating either Of the provisions oi 'n's
section, shall, upon conviction thereof as he's
after provided. forfeit and pay for the hrs1 OF
fence fine of hve dollars besides COSTS ahu ~
default of payment thereof shall be imprsoneS
not less than one nor more than ten days; s'i"
for the second offence fine of five dollars oer
, sides costs, and in default of payment ihe'sot
shall be imprisoned not less than one nor mOIS S
than ten days; and for the second offence snalt
forfeit and pay fine Of ten dollars ocsioIS
costs, and in default of payment thereof shal
be imprisoned not less than three nor more tean
twenty days; and for the third offence shall 'oI'
felt and pay fine of ten dollars besides cos'''
. and in default OF payment thereof sh,ii oe ~.
, prisoned not less than FIVE nor more thantehy
days; and such third conviction shah ipso JSel"
work a forfeiture of his licenfe, and the onehoe'
shall not be re-licensed for the term OF one year
from the time of such third conviction.
SEo 5. No person shall keep tavern WIN
out having first obtained a sllceHse ir'la '''