Smyrna times., 1857-04-01

!, trlal shall be BY jury. The fees to the Mayor
VI justice fors any prosecution under this act
snall Oe {he same as are now provided for other
criminal matters cOgnizabe before them.
SEC. H. Whenever any person having III
cense 10 sell intoxicating liquors under the pro-
} Visions OF this act shall have been convicted
thlrd time OF selling intox cating liquors, CON-
trary to any ofthe provisions herein before con.
tanned IN that behalf, and shall not a npeaI from
such Judgment of conviction within the time
limited in the preceding section, it shall be the
d1ty OF the Mayor of the city of Wilmington.
!ii such third conviction happen before the said
| Mayor or OF any Justice before whom such third
/ CONVICTION happened, to transmit, within ten |
days after the time limited in the next foreoo.
ing section for an appeal to be taken, a certified
copy OF the record of such third conviction 10
'he clerk of the Pence of the county in which
such third conviction happened, which record
snail be filed by the said clerk of the Peace in
MS once, and shall be evidence that such per.
son mas been convicted a third time and has for
lelted his license, and is not to be re-licensed
Ior the term OF one year from the time of such
conviction. Any Mayor of the city of Will
mlnglon or any Justice negectng to transmit
such record as aforesaid within the time above
ilnlt' shall be deemed guilty ofa misdemeanor,
ana upon conviction thereof by indictment in .
the Court of General Sessions ofIhe Peace and ,
jan Delivery of the county where he may re- {
side' shall be fined twenty dollars besides costs t
of conviction. 49, a
SEC. ii No license issued or granted under j,
any OF the provisions of this acts shall confer o
power or authority to sell intoxicating liquors 4
on the Lords Day, commonly called Sunday.
SEC. 10. IT any person shall sell Intoxicating
liquors by any measure whatever in the Lords
Day, commonly called Sunday, such person
hn nod Is,
upon conviction thereof by Indictment shall for :,
every such offence be fined twenty dollars be-
sides costs. The term Lords Day or Sunday v
is used IN this act, shall be construed to EN-. III
1race the space of time included between the "
lour OF twelve o'clock of the night preceding
ma the hour OF twelve O'Clock ofthe night sue
Feeding the DAY commonly called Sunday A
SEC. 10 The term intoxicating liquors"
is used IN this act, shall be construed to mean. " i"
'Xtend TO and include amy vinous, sprituons. 81
malt or 6rGwed liquors, or any admixture there
u, and all liquors that can lntoxcate nd are
dapled to use as Il beverage. :,
SEC. II. In any proceedings for a violation of
IL! "i the provisions Ut this aci, it shall not be F
rcesslry To SPECIFY or prove the precise klnd
I liquor which is the subject of The cbarre
ut I" atleEG 1t as Intoxicating liquor" only. +
nd proof ol tiIe unIaw!ui act charged in rrla II
rent, although The particular kind may not be
Bile 20 be shown.
SEC Is. All foes f,r licenses AIKEN ont under
he provisions of tins act, (except the fee OF
nc dollar To The Clerk of the Peace for the is
I'ng th'reof) shat! 20 into aHd constitute
'rt o the school fund Of this State, aud in all
ture dividends amnng the school districts in
is state, the same shall be divided and appor
Dned according 10 the laws in force for the
vISon OF other funds devoted that object.
SEC. ~ A tiues and iorIcitures VIII ch NAV 1 y
crue and be received under the provisions of
IS nc', shall be paid over by the officer rrceiv
= the same to the Treasurer of the Poor of a
e County wherein such convictions were had. IL
r the use OF the poor Of lbe county. w
SEC. 20 Al acts and parts OF acts inconsiS-
ut with or supplied by this act or any of its ~
oVIsioas, are h"rebi repea led
SEC. Il. ! he Secretary OF State shall Gauss Gou
IS act to be published in all the nr\yspa ne IS ut asu
Is State for the space OF one month from its Del'
ssage and shall certify to the Governor, the 1:a"
bl;catIon of tae same, the sum due therefor, Bla,
III & all items Of charge by each of the plal
wspapers and the Governor shall upon the PlaI
ceptlon Of such certificate, draw orders on p,r a
: State Treasurer for the payment of the said Gro
blIcItlon, and the State Treasurer shall paw Gro
same out OF any moneys in the Treasury Biu' i'i
otherwise appropriated. Ria' Rta'
Passed at Dover, March 3, 1867. 81. Oh