Delaware weekly Republican. [volume] (Wilmington, Del.) 1841-188?, 1857-03-26
THURSDAY MORNING, MARCH 90, 1857.

/
days, and for third offence, shall forfeit and pI
fine Ct ten dollars besides costs, and in default
payment thereof, shall bc imprisoned not less thi
five nor more than thirty days, and such thi
conviction shall also ipsO Iaet0 work torfeitn
! Of his license, and ho shall not be re-liceus'
for term of one year from the time Of such thil
conviction.
r TO- Nothing in this act contained shall
deemed and taken to forbid or prevent any perso
from distilling or manufacturing iao intoxicatir
iquOf any fruit or grain, the products Of his 0w
soil. or of which he may be possessed, or fro
which he may purchase. and from selling th
same by any measure not less than quar-
without license therefor; provided, however, thi
If any person distiing manufacturing intoxioat
ing liquors from fruit or grain tho products Of b
own soil or og which he may be possessed, shall se
any intoxicating liquorby any measure less than
quart such person shall upon conviction theret
as hereafter provided, forfeit and pay for the FRI
! offence line of FIVE dollars besides costs and
default Of payment thereof, Ehal be imprisoned nc
less than one nor more than ten days, and for
second or any subsequent offence shall forfeit an
pay fine of ten dollars besides COSTS and in defaul
Of payment thereof shall beimprisoned not less tina
five nor more than thirty days
ii If any person shall Keep tayer1, ale hous
or 7ictuali1g house, without valid license n
required by this act, or fany person other than th
distiller or manufacturer OF intoxicating liquor
from irut or grain, the products OF his own soil OF
OF which he may be possessed as mentioned In The
preceding section Of this act shall without having
valid license therefor, prescribed by this act,
sell any Intoxicating liquors by measure Of a
quart or upwards, or ii any person net being IL
censed tavern keeper keeper of an ale house or
I vctualling house, with the privilege OF selling
intoxicating liquors under the provisions of this
shall sell any intoxicating liquors by any measure
less than quart such person shall, upon conviction
thereof as hereinafter provided forfeit and pay for
the FIRST oiIence fine of ten dollars besides costs
and in default Of payment thereof shall be impri>
soned not loss than three nor than twenty days
and for second or anyl subsequent offence shall
forfeit and pay fine of twenty dollars besides COSTS
and in detaut of payment thereof shall be impri-
soned not less than ten nor than forty days.
IL. Every prosecution Tor a violation of the
provisions of this act herenbe!Ore contained, SHALL
if the offender reside in the City Of Wilmington, q
heard and determined by the Mayor thereof or by
any Justice of the Peace residing in said city or
f tho offender do not reside Ia snid citY) shall be
heard and determined by any ia lice of the Peace
residing o. holding nn office in the hundred where
the offence was committed; but any person convicted
may within five days thereafter, appeal from any
final judgment rendered ag inst him by the said
Mayor or any Justice, to the Court of General
Sessions OF the Peace and Jail Delivery of the
County in which such Judgment was rendered =
Such person appealing shall enter into reeognizauce
with sufficient surety In such sum as the said Mayor
or Justice shall determine, conditioned for his ap-
pearance at the said Court at the term thereof
TO be holden in the County wherein said Judgment
was rendered, to answer to the complaint whsreon
said judgment rendered and for his abiding the
Judgment that mBy be rendered by the said Court
The Mayor or Justice shall bind the witnesses for
tho state for their appearance to testify in case
appeal shall be taken shall transmit fmmediately
certified copy OF his record to the Clerk of the Peace
Of the County, who shall enter the appeal. The
Attorney General shall, on such appeal, appear for
the State, and the trial shall be by jury. The fees
70 the Mayer or Justice for any prosecution under
this act shall be the same as are now provided for
other criminal matters cOgnizable before them.
! ~ Whenever any person having license to sell
intoxicating liquors under tho provisions Of this act
shall have been convicted third time of selling
ipt IN unv nf tba =.
sions herein before contained in that behalf, aud
shall not appeal from such judgment of conviction
within the time limited in tho preceding section 1t
shall be tho duty ef the Mayor OF the city of VIII
mingtnR, Qf such third conviction happen before
the said Mayor or OF any Justice before whomssuch
third conviction happened, TO transmit, within ten
days after the tiHie limited in the next foregoing
section for appeal to be taken, certified cory OF
the record u snch third conviction to the Clerk OF
the Peace Of the County ia which such third con-
vctOn happened which record shall be fled by the
said Clerk OF the Peaco in his office, and shall be
evidence that such person has boon convicted "A
third time ana mas forfeited his license, and 10 not
10 bs telicensed fer tho term Of year from the
time Of such conviction. Amy NJ ayor u lie t1ityf0s
Wilmington any Justice noglecting to transmit
such record aforesaid within the time above limited
shall ba deemed guilty of lnisdemeanor, and upon
conviction thereof by indictment in the Court Of
General Sessions of the Peace aud Jail Delivery Of
the county where he may reside, shall be fined TWEEN
" do liars besides costs of conviction.
Ii. No license issued or granted under any Of
the provisions Of this act shall confer power au-
thority TO sell Intoxicating, liquors on the Lords
Day, commonly called Sunday,
Is. Ii any person shall sell intoxicating liquors
by aGy measure whatever on the iiard's Day, COM
monty called Sunday, such person shall be deemed
guilty OF misdemoauor, and upon conviction
thereof by indictment, shall for every such offence
he fined twenty dollars besides costs. Ths term
Lords Day, or Sunday, as used in this act, shall
be construed to embrace the space Of time included
between the hour Of twelve o'clock of the night pre-
Of Nya n'elOck al
succeeding the day commonly called Sunday.
10 The term " "intoXicaing liquors." as used
in this act, shall be construed mean, extend to
and ncldde any vinous, spirituous, malt or brewed
liquors, cT any ndmixture thereof and all liquors
that can intoxicate and are ADAPTED to use as bey'
orage
IL In any proceedings for violation of any of
the provisions of this act ii shall not be necessary
20 specify prove the precise kind of liquor which
is the suject Of the charge. but to aege it as in
toxcating lquor" only aLd proof OF the unlawful
net charged IN relation to any such liquor shall be
deemed sufficient, although the particular kind may
not be able to 30 shown.
is. All foes for licenses taken out under the
provisions of this act eScept the fee Of one dollar
to the Clerk of the Peace for the issuing thereby
shall go into and constitute n part OF the school
fund of this state, and in all future dividends among
the school districts in this Stato the shall be
divided and appOrtioned according to the laws in
force for the division Of other funds devoted 10 that
object.
4l9. An Gnes and fcrfeitures which may accrue
and be received under tho provisions Of this act
shall BE- paid over by tho officer receiving the
to tho Treasurer of the Poor of tho County wherein
such convictions had for the Of the poor of
tho County.
20. All acts anil Parts of acts in,onsistent with
or supplied By this act any Of It's provisions, are
hereby repeated.
$2l. The Secretary Of State shall cause this act
to be published in all the newspapers of this State
for the space of one month from its passage, and
shall certify to the Governor the publication of the
same, the sum due therefor, stating all items Of
charge by each of the newspapers aud the Governor
SHALL upon the reception of such Certificate, draw
ders the State Treasurer for the payment Of the
said publication, and the State Treasurer shall pay
the same out of any moneys in the treasury not
otherwise appropriated.