Delaware weekly Republican. [volume] (Wilmington, Del.) 1841-188?, 1857-03-19
BY AUTHORITY.
An Act Regulating the Sale of Intoxi
eating Liqu


Be II enacted by The Senste and R0esc Of Repre-
sentaiipes Of the State Of Detaware, IN General
Assembly met,
81. No person shall, BY himself. bis servant OF
agent directly or indirectly, Sc any intoxicating
liduors except az bereinafter provided
q Any free white citizen OF this state, VINO :
of the age Of twenty-one years or upwards ana Is
n Iinenssd retailer of goods, wares and merchan-
disc and the ggregate cost value of wntse STOCK on
hand Il not less than three huLdTed d0llhrst may
amply to the Clerk Of the Peace OF the county III
which he may reside for license, to sell intoxlsat
ing iuuors in quantities rot less than quart anu
upon Inc applicant for such license paying to the sald
CLERK Of the Peace teg OF twenty dollars, LOT tna
use Of tho STATE 1t shall be the duty Of tho SAM
Clerk Of the Peace TO issue license, under hls
hand and the seal of tho Court to such retailer oil
goods wares aud merchandise, any such retailer OF
geeds wares and merchandise, procuring sneh ~
cense as aforesaid shall have full power and author
iy thereby TO soil Intoxicating liquors, OF all kinds
aud descriptions, in any quantity not less than
quart SUI jeet, however " the provisions hereafter
mention d. Any license Issued under THIS section,
shall be separate and special licerse for that pai.
ticuar privilege, and no other and shall STATE that
the fee Of twenty dollars 10 paid and that the APP
plieant therefor 10 a licensed retailer II goods,
wares and merchandise, tie aggregate cost Vniue
OF whose stock on hand ia not loss than three nun
bred dollars The license shall authorize tho sell,
ing of intoxicating liquors only at one place anu
Issued The Clerk Of the Pence shall require any
applicant for such icenfe as aforesaid TO make an
oath or Aft maton that he is licensed retaers OF
goods, wares and merchandise, and that the aggre-
gate cost value Of his stock on hand Is not less than
Ihree hundred dollars; and any one in liking ial'0
Oatn or affirmation In the premises shall be subject
to all the pains aud penalties of wliul and corrupt
perjury. The fee TO tho Clerk of the Peace for IS
su nR such licenss rs aforesaid shall be one dollar,
/ to be paid by The applicant therefor.
3. Any free white citizen OF this state, who is
OF lineage Of twenty one yenrs 1r upwards, who may
desire to sell intoxicating liquors exclusive OF my
other goods, wares aud merchandise, may amply 10
the CLERK Of the Peace OF the County in which he
may reside for license to sell the sune, and upon
the applicant 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 Pence to issue lcense under his hand and
the seal Of the Court, for the sale of intoxicating
liquors to such applicant, who may desire to sell
the Same exclusive of any other goods, wares and
nerchandlse. The person procuring such license, as
last aforesaid shall have full power and authority
thereby to sell Intoxicating liquors Of oil kinds and
descriptions in any quantity not less than quart,
subject however, to the provisions hereafter men.
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 Is paid and that tue applicant therefor de
sres to sell Intoxicating liquors exclusive of amy
other goods, wares and mer6h dndise, an shall au-
tnOri8e the selling of intoxicating liquors only al
ono place, and only for one year from the day
on which il was Issued Tho fec to the Clerk OF
Issuing
said shall DO dollar, to be paid b, the applicant
therefor.
81 No person having licenso to sell Intoxicating
liquors under the provisions OF the preceding sec
tiOns, shall nave authority thereby to sell ino&t
eating liquors by any measure less than quut
10 sell intoxicating liquors to amy peri0n when
drunk or knowingly to sell intoxicating Liquors e
any minor or to any slye or shall sniier or permit
any intoxicating liquors which he has sold, 10 be
drunk in his store house, its dependencies, OF
shall suffer any disorder; persons to remall
in his store. house, or its dependencies nnt
auy such person having license as aforesaid volat
ing either Of the provisions ut this seetion shat
upon conviction thereof, as hereafter provided. Tor
felt and pay fol- the first offence, II fine ut hy
dollars. besides costs, and in default of raymen
thereof, shall be imprisoned, not less than one no
more than ten days, aud, for the second offence
shall forfeit and pay hoe Of ten dollars, beside
costs, and in default Of payment thereof, shall b
imprisoned, not less than three nor more than TWEEN
ty days aud tor the third offence sh Ill forfeit an
pay fine Of ten dollars, besides costs, and in dc
fault OF payment thereof shall be Imprisoned no
less than i've re than thirty days; and sud
third convection stall ipyO Jaeto work f0lteitur
OF his license, aud the offender shall not be reli
! eeLsed for the term If ono year from the timo {
such thi d conviction,
g. No person shall keep tavern, without hay
ing first obtained license from the Governor
which shall be- granted on tho recommendation {
tie Judges of the Court OF Genetnl Sessions, sol
ting forth that the person recommended is a fit let
son and we'll qualified To keep tavern. Suth RI
p; commentator shall not be granted unless the pct
, TONER ia SO qualified. amt has necessaries suilab
Tor travellers, unless his house is necessary Il
. public Accommodation, ana is in proper al
q convenient piLse anu stage for tho entertainment
travellers.
!, o. The petition for such recommendation sha
u state the intention of the petitioner 10 keep Ia
ern, with or without the sale Of demonstrating quo
y and the license shall conlorm thereto, The fees
~ II license, with privilege to sell ',ntoXcnti
80 Liquors, shall be US follows: 10 any person who ON
"A hu n lFP
II, OF which BbaIi DO less in amouHt THAI he sum
ot fifteen hundred dollars, the SUN IF twenty dolla
Ir. to any person who owns or occupies house u
rst promises, the assessed value Ut which Is fit,
M hundred dollars, ant less than three Thousand d
10 ars-the sum Of twenty five dollars; to any per-
L. who owns or occupies a house and promises,
NV assessed value OF wnich is three thousand doll
Ve and less than forty five hundred dOllars-the 81
ne OF thirty dollars, to any person who owEs OR ucenp
he . house and premise the assessed value Ol VIII
is torty-aye hundred dollars and less than
thousand dollars-tho sum of thirty five aulla
We and to any person who owns OF occupies hOl
and promises, the assessed value Of which is
all thousand dollars and over, the OF fifty dola
For u license without such privilege tue su OF
NO dollars, Auy person procuring such license
the privilege to sell Intoxicating liquors, SD Ill b.
full power and au hority thereby 10 sell intoxc
Io iag liquors, in any quantity, subj ct, however,
10 the provisions hereafter menyiOned. Such lice
shall continue in force Tor one year only, from
day on which it ia issued provided that il no
nj be duly licensed and the tenant bo changed dur
Ill, the year, IL shall be lawful for the tenant
ng keep such house un Ter said license, until tho e
.ry o. the nEx term Of said court, in tho county
IL fec TO the Clerk OF the Peace for Issuing SUCH lue
=, shall 10 one dollar, 10 BIO paid by the applic
IL therefor.
81 No person shall keep mn alchouse or Visual
house wi hout license from the Governor, to
granted upon the recommendation # twelve OF IN
on, tree white reputable cizcns residing in the nei,
Will boIhood in which such house is intended to be ke
Du- setngforth that he fit person aud well quali
d. 10 keep such hsue and has suitable accommodate
81 for the purpose. The fae for such license shall
IA ten dollars for he use Ut the State and one dol
uiu t. the Clerk vi tho Peace for tho issuing there
such license shall cOatinue in force for one year o
milf from tho day on which it was issued provided d
{ in II such house bo duly licensed, Snd the tenant
- changed during the year it shall bo lawful for
'ei' new tenant to Keep such house under sail cet
On until the expiration Of The year for which it
10 granted NO license to keep an ale-hUuso, OF
idle tualIng house shall authorize the sale Of auy
tuxicating liquors, except nile or other malt Iiou
-- and the person procuring license to keep an
house yioualling- house under he provisions
our this section, sha have full power and autha
/ as thereby TO sell ale aad malt luuOrS, subj set h
ent over, TO the provisions hereafter mentioned
, to .. Ne person having license 60 keep tavt
apd alehOuse, orVclua iug ,hOuse under the provis
th OF the foregoing section, snail have authority thu
-. ny to sell Intoxicating liquors to any person "
tieS drunk, or Knowingly sell Intoxicating liuuer
attn, any minor, OF to any slave and any such kee
rich Of tavern ale house or yelualng house, viola
loan eiueE VI Lle PROVISIONS Ot this sectiUn shall
ries conviction thereof 40 hereafter provided, ful
the AID pay ior Tee i:st of;uce lne i've doll
IA besides costs and in default Of pay ment ther
ter len da,s md f nOa aoss inHa one BUT nHie
WAY ard pay ihe Vi ten dollars, besides costs ant
'u'u uet@sit oil payment thereof shall DO imprisoned
less tnan three Uor more than twenty days; and
the third offence shall forfeit and pay hue If
: ~ dollars, besides costs, and in defiait Of payr
nm thereot shall be Imprisoned not less than five
~ mole nan mint days; ami such third convic
shail iPio Jaeto work forfeiture q his license,
h 10 Inc ohehder shall be Ielicensei for tho
haw- year IRON the tine Of such third couyicton
will " II any tavern keeper, or the keeper Of
Tho ale mouse or SciuaIing house, shall suffer
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